Senior Legal Counsel and a Legal Consultant Mr Gamini Perera Attorney at Law,
Replies to 3 main issues raised by few viewers out of more than 15,000 viewers .
1. If the President has such a power can Vijayakala be named as Premier?
2. Is it necessary to show the majority in the Parliament to show that MR has the majority confidence?
3. Why the Parliament session postponed to 16th of November 2018
I viewed comments of more than 13,000 viewers around the Island and Sri Lankan Diasporas around the globe on my opinion which has been in published on FB by https://www.facebook.com/Lankawaynews/, 11 hours before.
Despite the comments in favour, I can see 3 main issues raised by few viewers as append below.
1. If the President has such a power can Vijayakala be named as Premier?
2. Is it necessary to show the majority in the Parliament to show that MR has the majority confidence?
I answer those 3 issues together since it is easier for you to understand simply,
President JR appointed R.Premadasa as PM. Then President D B Wijetunga appointed CBK as PM for a short period. President Chandrika appointed Mrs. B as PM and subsequently Ratnasiri Wickramanayake, Ranil Wickramasinghe and finally Mahinda Rajapaksha as PM. Thereafter President Rajapaksha appointed Ratnasiri Wickramanayake and D M Jayaratne respectively. After appointing as President; President Mathripaala Sirisena appointed Ranil Wickramasinghe immediately after the Presidential election and later after the General Election and more specifically after the 19th amendment to the Constitution of the Republic.
If you honestly considered , you will understand that all those above instances there were many disagreements, fractions within their own party/ies and among the members of the Parliament and factually not the MP who was most likely to command the confidence of Parliament but the legality were intact solidly which were written in the constitution and no one challenged to asking show the numbers.
I must stress here that the relevant article of constitution in respect of the appointment of PM is one and the same throughout after passing the 1978 constitution upto today notwithstanding that any other articles changed more specifically even after the 19th Amendment.
“ The President shall appoint as Prime Minister the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament”
As no one challenged the appointments of any of the above named Prime Ministers by the respective Presidents in the past, even today, the same tradition, procedure and the law prevails. Simple sense, I must say; “No Magic” with “thanks” to JRJ and his brother who was a Legal luminary, who has architect the 1978 Constitution.
So it is obvious that MR need not to show his capacity in the Parliament as PM unless otherwise challenged according to the constitutional procedures.
Similarly if anyone needs to look in to this matter with their own political opinion it is free to do so but the bottom line could be identified with the understanding of the past experiences which solidly advocates not panicking.
Therefore, I think the Gentleman who raised the concern “Whether Vijayakala can be appointed as PM” is a matter for conman sense.
2nd question is addressed fully.
I must say, answering the 3rd issue, that there is no point to postpone the Parliament sessions to 16th November 2018 even on political aspect unless there are any administration necessities.
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