Feb 16, 2018

According to 19A, PM can't be removed - experts

A group of civil activists are taking measures to consult the Supreme Court on the legal possibility of the Prime minister being removed by the president.

The measures will be taken on Monday (19).

The constitutional provisions with regard to the tenure of office of the Prime minister is as follows :

Screen Shot 2018 02 16 at 4.12.52 PM

19A passed 212-1
On April 28, 2015,  the third reading of the 19th Amendment to the Constitution was passed with a vast majority in Parliament, by 212 votes to one.

Ten Parliamentarians including Keheliya Rambukwella, Premalal Jayasekara, Susantha Punchinilame, Jagath Balasuriya, Ven. Ellawala Medhananda Thera, Janaka Bandara, and Basil Rajapaksa were absent at the voting while one abstained.

Prathiba says no!
Meanwhile, senior lecturer of the Law Faculty, University of Colombo - Prof. Prathiba Mahanamahewa had also told the media that the president cannot remove the PM, according to the constitutional provisions of the 19th Amendment.
Can't remove after the 19A
Meanwhile, a collective of lawyers - Lawyers for Democracy (LfD) also states : "Prior to the 19th Amendment, the President had constitutional power to remove a Prime Minister, but the 19 th Amendment took away that power. Therefore, the President does not any more enjoy constitutional authority to remove a Prime Minister. Following Parliamentary traditions, the only way to 'remove' a Prime Minister is to successfully move a No-Confidence Motion against him/her in Parliament. Under the Constitution, the President has no role in such a process."

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