How
Daily Mirror reported the President’s solemn pledge
By Asma Edris
President Chandrika Kumaratunga yesterday gave a
written assurance to all members of Parliament and through them
the people of Sri Lanka that she would not dissolve Parliament unless
the party which now commands the confidence of the House lost the
majority and an alternative government could not be formed from
among the members of the present parliament.
"A
general election could cost almost a billion rupees, which our country
can ill-afford to spend. Election campaigns have become over the
years acrimonious and bitter.
"They
divide and polarise our society. A pending general election causes
confusion and uncertainty for business sector, and for foreign governments
and enterprises which wish to deal with the government. "The
decision to dissolve Parliament prematurely is one taken in the
interests of the whole nation, with due care and caution and a due
sense of responsibility. I am fully conscious of these constitutional
duties and obligations," the President said in her letter to
Speaker Joseph Michael Perera. The Speaker read out the letter which
the President had said she had sent to him under powers vested in
her by Article 32(3) of the constitution.
However,
the President's one time key minister and now fierce opponent S.B.
Dissanayake who took the floor of the House to speak on the no confidence
motion against Minister John Amaratunga soon after the letter was
read out by the Speaker said the UNF government has no faith in
promises made by President Kumaratunga and therefore, was going
ahead with the proposed constitutional amendments to strip her of
her powers to dissolve parliament.
"We
know that she had made solemn promises to various people before
but had failed to honour them," minister Dissanayake said.
Following is the full text of the President's letter read out by
the Speaker.
"Under
Article 70(1) of the Constitution the President may from time to
time summon, prorogue and dissolve Parliament. The exercise of this
power is subject to certain qualifications, one of which is that
the President shall not dissolve Parliament until the expiration
of one year from the date of a general election consequent upon
a dissolution of Parliament by the President, unless Parliament
by resolution requests the President to dissolve Parliament whereupon
the President may dissolve Parliament in the exercise of the discretion
vested in the President under Article 70(1).
"In
contrast, where the President has not dissolved Parliament consequent
upon the rejection by Parliament of the Appropriation Bill, under
Article 70(1)(d) the President is obliged by the Constitution to
dissolve Parliament if it rejects the next Appropriation Bill as
well.
"When
a person is elected a member of Parliament at a general election
he or she is entitled, along with the general body of electors in
the country, to expect that Parliament will run its full term of
six years. "These are reasonable expectations shared by the
whole country and its citizenry which we are all committed to serve.
Members of Parliament are elected after a strenuous and usually
expensive campaign. The machinery of government is under heavy strain
during an election campaign.
"We
have witnessed in recent years, all too sadly, that our elections
have been preceded and followed by a degree of violence unworthy
of a people who have had the benefit of universal franchise for
nearly three quarters of a century. A general election could cost
almost a billion rupees which our country can ill afford to spend.
Election campaigns have become over the years acrimonious and bitter.
They divide and polarise our society.
"A
pending general election causes confusion and uncertainty for our
business sector and for foreign governments and enterprises which
wish to deal with the government. The decision to dissolve Parliament
prematurely is one taken in the interests of the whole Nation, with
due care and caution and a due sense of responsibility. I am fully
conscious of these constitutional duties and obligations.
"The
Commissions established under the 17th Amendment to the Constitution
have not yet been established, The National Police Commission and
the Election Commission, in particular, should be given time to
function effectively before any General Election could be contemplated.
"In
the present context, the dissolution of Parliament could have unexpected
and unforeseeable effects on the peace process and jeopardise its
beneficial results at a time when the thoughts of all political
parties should be focussed on the question of prime national importance,
that of bringing the ethnic conflict in our country to a close in
a peaceful manner with a just and durable solution which satisfies
the aspirations of all our people in our multi-ethnic, multi-religious
society.
"I
believe that, above all, the people of our country need a respite
from the hurly burly of national elections. We have had a Presidential
Election and two General Elections in under three years.
In
a parliamentary system of government a dissolution of Parliament
before the expiry of its stipulated period usually takes place when
the government of the day loses its majority and faces defeat on
the floor of the House on a no confidence motion or on an important
financial bill such as the Budget, and it is found to be impossible
to constitute a new government from among the members of the existing
Parliament Today the Prime Minister and the Cabinet appointed after
the General Election held on December 5, 2001 appear to enjoy a
working majority in Parliament.
"Taking
into account all the facts and circumstances to which I have referred,
by virtue of the powers vested in me by article 32(3) of the Constitution
under which the President of the Republic has the right to send
messages to Parliament, I wish to inform the Members of the 11th
Parliament, and through them the people of Sri Lanka, that I shall
not dissolve the present Parliament unless the party which presently
commands the confidence of the House loses its majority and an alternative
government cannot be formed from among the members of the present
Parliament." August 21, 2002 |