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President may seek SC ruling on when his term began
President Maithripala Sirisena may turn to the Supreme Court once again – this time to seek a determination on when his tenure as President began. This is to determine when exactly his term of office will end.
The Sunday Times learns that his legal advisors have told him that his tenure should begin from May 15, 2015 – the day Speaker Karu Jayasuriya signed his assent to the 19th Amendment to the Constitution. They have opined it is not on January 8, 2015 when National Election Commission Chairman Mahinda Deshapriya declared him elected President.
When he was elected to office, the presidency’s term was six years in accordance with the Constitution. However, this was pruned down to five years through the 19th Amendment.
President Sirisena earlier asked the Supreme Court for an opinion if his term was for six years from January 8, 2015 as the 19th Amendment came after he was elected for six years according to the Constitution prevailing at the time. The Supreme Court ruled that his term was for five years, not six under the 19A. The then Chief Justice Priyasath Dep presided over a five-judge bench which gave a unanimous opinion after a hearing in open court.
President Sirisena has now been told by his legal advisors that Parliament had no mandate to reduce his presidential term from six to five years. They argued that such a reduction has not even been approved at a national referendum and hence it was void. They also argue that the applicable date on which the 19A comes into effect will be the date on which it was signed into law by the Speaker, i.e. May 15, 2015 – and the President’s term will conclude only on May 15, 2020.
President Sirisena leaves tomorrow for a three-day private visit to Britain to attend his son’s graduation ceremony. In view of this, he has advanced the weekly Cabinet meeting for 2 p.m. today.
According to unconfirmed reports, the President’s proposed letter seeking the latest determination is to go to the Supreme Court on Thursday, considered auspicious by his astrological advisors.
President Sirisena feels that an extension until May next year would give him space to accomplish his programmes that remain unfulfilled. Main among them is a move to dissolve Parliament by February, instead of August next year, to conduct parliamentary general elections. Others include action on high profile investigations that have been in limbo.
This is particularly in the light of his simmering hostilities with Prime Minister Ranil Wickremesinghe’s UNP Cabinet.