Elections are the hot topic of discussion these days. In this context, the question has arisen whether the Speaker can continue in office after Parliament is dissolved.
There appears to be a misconception that he can.
This misconception arises as a result of a misreading of Article 41A (6) (a) of the Constitution, which reads as follows:
“41A (6) (a) On the dissolution of Parliament, notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall continue to hold office as a member of the Council, until a Member of Parliament is elected to be the Speaker under paragraph (1) of the aforesaid Article.”
It is obvious from a plain reading of the Article that: “The Speaker shall continue to hold office as a member of the (Constitutional) Council.”
He may continue as Speaker – but ONLY as a Member of the Council. That is, notwithstanding the vacation of his office (Article 64 (2), he will continue as a Member of the Council. Otherwise one has the absurd situation where “Notwithstanding his vacation of the Office of Speaker he shall continue as Speaker.” This is ridiculous, to say the least.
The only intelligent construction possible of the wording is that notwithstanding the vacation of the Office of Speaker he will continue in some office which in the first instance was dependent on his being Speaker (in this case membership of the Constitutional Council).
This is obvious for two more reasons. First, you can be Speaker only if you are a Member of Parliament; second, you can only be a Speaker of a Parliament, not of a Parliament that does not exist.
How can you be a Speaker in a non-existent Parliament?
There is a similar provision in respect of the Leader of the Opposition, and the same proposition applies.
Nihal Ratnayake,
Dehiwala
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