(Lanka-e-News - 03.May.2018, 9.55PM) The Government’s policy speech alias Throne speech ( formerly) alias ‘Ralaasana speech’ of the president which is to be delivered at the inaugural session of the parliament on the 8 th of May after the prorogation , will not be subjected to a debate , as desired by the Joint opposition earlier . At the all party Conference meeting on the 3 rd it was decided that there shall be an adjournment debate. A voting will not take place.
There are a number of legal aspects impacting on this decision…
The first : Under the new constitution of 1972, the old term ’throne speech’ describing the inaugural speech in parliament was withdrawn , and the state leader’s ‘policy elucidating’ speech replaced it. Earlier on because the state leader was the prime minister , the latter made the speech. That was before 1972.
However after the 1978 constitution though the speech was continued , it was president the state leader who made the speech. Now after the 19 th amendment , the state leader makes the ‘policy elucidating’ speech.
Hence , the president as the state leader makes that speech. However under the 19 th amendment which augments the powers of the parliament , it is the P.M. who is considered as leader of parliament and not the president.
It was owing to that as previously witnessed, it became impossible for the president to change the P.M. . Yet it is the president as the State leader who makes the policy speech at the parliamentary inaugural session. In the event of the policy speech made in parliament getting defeated , under article 48(2) of the 19 th amendment to the constitution , the cabinet led by the P.M. will stand dissolved.
As the president can be changed only by other methods ,if the policy speech he makes is defeated , it is not he but another who loses his/her post. This is a most perplexing issue for , when somebody who is outside the powers of the parliament makes a speech , it is not he who loses the powers when it is defeated, rather the parliament . This is obviously unfair, and most absurd. This constitutional flaw shall be remedied in the future .
After taking into consideration all these aforementioned issues , at the party leaders conference held today pertaining to ‘Ralaasana speech ‘ of president on the 8 th of May , it was decided by the speaker to held an adjournment debate requested by Dinesh Gunawardena on behalf of the Joint opposition , and there will also be no voting therefore. All the opposition leaders had concurred in it.
Accordingly the government will not be facing the same situation that prevailed on 4 th April.
by (2018-05-03 17:46:02)
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