(Lanka-e-News -25.Aug.2015, 6.30PM) The memorandum of understanding signed between the UNP and SLFP to form a United government according to the latest 19 th amendment to the constitution is inconsistent with the constitutional provisions , as pointed out by lawyers to Lanka e news.
The 19 th amendment and article 46 of the constitution relates to the cabinet .It states that the cabinet shall comprise of 30 ministers , but if a united government is being formed that number can be exceeded. Article 46 (4) (5) relating to the formation of a united government states as follows :
“46 (4) Notwithstanding anything contained in paragraph (1) of this Article, where the recognized political party or the independent group which obtains highest number of seats in Parliament forms a National Government, the number of Ministers in the Cabinet of Ministers, the number of Ministers who are not Cabinet of Ministers and the number of Deputy Ministers shall be determined by Parilament.
46 (5) For the purpose of paragraph (4), National Government means, a Government formed by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties or the independent groups.“
It is therefore very clear from this, what it states is , ‘the recognized political party that secured the most number of seats or the independent group ;and the recognised political party that secured the second highest number of seats or the independent group , if they agree to form a government on the basis of national unity.’
At the elections on the 17 th , the recognised party that secured the second highest number of seats is the UPFA and not the SLFP . Hence the secretary of the UNP should have signed the memorandum of understanding with the secretary of the UPFA , and not with the SLFP secretary , because the SLFP did not contest the elections as a recognised party . The SLFP was part of the UPFA the recognised party.
In the circumstances , it will be in the best interests of all that this legal knot is unraveled before the formation of a united government . Otherwise those mischief making reactionaries who do not join with this united government can create endless problems for the next five years , meaning that the people’s mandate can be befouled by them.
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by (2015-08-25 13:24:53)
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