Several FR violation petitions filed challenging President’s decision to dissolve parliament
Several Fundamental Rights (FR) petitions were filed at the Supreme Court, on Tuesday, challenging the decision of the President to dissolve Parliament, on March 2, and the decision by the Elections Commission to reschedule elections, on June 20, amidst the Coronavirus (COVID-19) pandemic.
Journalist Victor Ivan and Dr. Paikiasothy Saravanamuttu, Executive Director of the Centre for Policy Alternatives (CPA) are among the eight petitioners who filed the applications.
The petitions are expected to be taken up for hearing on May 11.
Petitioners stated that Articles 70 and 33(2)(c) of the Constitution permit the President to dissolve Parliament, prior to the completion of its five-year term, after the passage of four and a half years, from its first sitting. They claimed that the President used this power to dissolve the Eighth Parliament, on the 2nd of March 2020, by Gazette Extraordinary no. 2165/8, and fix the 25th of April 2020, as the date for election of the Ninth Parliament. This was despite the fact that COVID-19 was spreading across the world, and Sri Lanka, too, was taking steps to combat it.
The declaration of COVID-19, as a pandemic, and its rapid spread, resulted in the Election Commission making a decision to postpone the election. Thereafter, on 20th of April 2020, the Commission issued Gazette Extraordinary no. 2172/3, fixing the election for the 20th of June 2020.
The Gazette by which the Eighth Parliament was dissolved fixed the date for the first meeting of the Ninth Parliament for the 14th of May 2020. The Petitioners have stated that while the said Gazette remains in place, a new date for the election of the Ninth Parliament cannot be fixed beyond the 2nd June 2020.
“The Petitioners argued that regardless of how it is dissolved, Article 70(5) of the Constitution provides a mandatory time limit within which a new Parliament should meet, i.e. three months from the date of dissolution. The Petitioners state that if the 2nd March 2020 dissolution is permitted to stand, this would have required the new Parliament to meet for the first time by the 2nd June 2020. Thus, a decision to hold the election on the 20th of June 2020 is unconstitutional, and a violation of their fundamental rights,” CPA said.
The Petitioners have observed that it is impossible to hold a free and fair election in the context of the COVID-19 crisis. The health risk would seriously impede campaigning efforts and voter turnouts, which are essential for a free and fair election. Further, it would be difficult for election officers and voters to maintain social distancing during the election and the preparation for the same, which would increase the risk of the spread of the virus. As such there is likelihood that elections could be further postponed, beyond June 20.
The lack of a functioning Parliament, for more than three months, undermines the sovereignty of the people and undermines the rule of law. In light of all these circumstances, the Petitioners have requested the Supreme Court to declare that their fundamental rights, under Articles 12(1) and 14(1) (a) of the Constitution, have been violated.
(Source: The Island)
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What are the observations of the petitioners on the conduct of representatives of this old parliament on articles and clauses of the constitution. Whether their conduct didn’t undermine the sovereignty of the people and rule of law ? Still, some not handed over thier officials resedencies , that means public property. Leave alone others perks and facilities on tax payers money ? Experts are worried on election before June 02, but people expect an extended election date under this crisis situation. Crisis management is entirely different and please people to elect new persons and election commissioner to fix the election date.
the above are different things if they have violated the constitution they are finish
the above is a attempt to glance the damage to the constitution if they are found guilty of contravention of the constitution they vowed to maintain , then they are finished
Intention is not to get into arguments.
But, only to expess the true sprit of parliament & articles and clauses of constitution relating to dedication of serving to-wards people welfare.
These FR petitions have been submitted bt by Pachakiyasothy (NGO), Modadasa 9Son of RP), Victor Ivan (ex-JVP) etc.
They are not valid; the SC should not even read them.
Only true patriots and Ranaviru should be allowed in SC.
The Rajapaksas are feisty rulers.
Rather than let the Constitution control them, they have capability to control the Constitution.
RW thought he was smart and introduced 19th Amendment thinking he can enforce Suddange Democracy in our Pearl of the Indian Ocean forever.
One way out of the Constitutional imbroglio is to declare martial law, shelve the Constitution and make the popularly elected President a true Executive President.
That way, our nation will grow exponentially in the post Covid-19 era, economically and socially, towards becoming the ‘Dream-Come-True’ Wonder of Asia.