Former Presidents’ pensions cannot be touched under Constitution, Gammanpila argues

Colombo, Jan 28 (Daily Mirror) - In the wake of debate on the proposed curtailment of perks and privileges of former Heads of State, Pivithuru Hela Urumaya (PHU) leader Udaya Gammanpila added to further controversy in this regard when he said their pensions could not be reduced or scrapped according to the Constitution and universal legal principles.

Delivering remarks to the press, he said President Anura Kumara Dissanayake would find it impossible to scrap or prune pension benefits, despite it being mentioned in the manifesto of the National People’s Power (NPP).

“It means no one with a fair share of legal knowledge appeared to have served in the committee that drafted the NPP manifesto,” he said.

He quoted Article 36 (2) of the Constitution, which said, “Upon the assumption of the office of President the holder of such office shall become entitled to the receipt of such salary and allowances and thereafter, of such pension as may be determined by Parliament. Any subsequent amendment, repeal or replacement of this Article and any subsequent law or any provision thereof inconsistent with this Article shall not have retrospective operation.”

According to the doctrine of legitimate expectation, he said pension benefits could not be pruned with retrospective effect.

“There is a reason for this. People plan for their retirement life in accordance with pension benefits expected. They tend to save money accordingly. When people harbour expectation of pension benefits, they are not inclined to save,” he said.