The Lawyers for Democracy (LfD) movement issuing a press release said that Mahinda Rajapaksa's statement yesterday (Dec 03) concerning the dissolution of Parliament was misleading.
The LfD pointed out that Mr.Rajapaksa had cited the example of Britain in which the Crown could dissolve Parliament and call for an election if the Crown is of the view that the opinion of the public is different to that of the majority in Parliament.
It further noted that Sri Lanka has a written constitution which has clear provisions pertaining to the dissolution of Parliament, unlike Britain which has an unwritten constitution.
The release went on to dismiss Rajapaksa's example of how the Governor General in Australia had sacked the Prime Minister and called for a general election at his own discretion. The LfD pointed out that the Prime Minister was removed under a special circumstance after having consulted with the Chief Justice.
Responding to Mr. Rajapaksa's citation of India as an example in which the Lok Sabha was dissolved on the discretion of the President, the LfD said the Lok Sabha was dissolved upon the advice of the Prime Minister and the requests by the Ministers.
The release further noted that the President's powers are not "prerogative” and are bound by the constitution unlike in several other countries.
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