A Fundamental Rights petition seeking a declaration that the present government formed after the August 17 General Election is not a National Government within the meaning of Article 46(5) of the Constitution.
This petition had been filed by former MP Rear Admiral Sarath Weerasekara and Prof. Wimaladharma Abeywickreme through Senior Counsel Kanishka Vitharana. The petitioners have cited 242 parties including the Cabinet of Ministers, Members of Parliament in the Parliament, recognized political parties as respondents.
The petitioners stated that Article 46(1), (5) and (5) of the constitution provide as follows.
46. (1) The total number of-
(a) Ministers of the cabinet of Ministers shall not exceed thirty; and
(b) Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate, exceed forty.
(5) National Government means, a 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.
The petitioners said the government was formed upon a purported agreement between the UNP and the SLFP (which is not a political party represented in Parliament) they said all the parties in parliament did not join to form the government. The UNP which obtained the highest number of seats in parliament did not form the government together with the other recognized political parties or independent groups represented in parliament.
They further sought a declaration that the Cabinet of Ministers have no power, authority or jurisdiction to function as the cabinet of Ministers of the republic of Sri Lanka.
They said the approval made by Parliament on September 3, 2015 has no force or effect in law in determining the number of Ministers of the cabinet of Ministers, Ministers not members of the Cabinet / State Ministers and Deputy Ministers consequent to the General Election held on August 17, in as much as the condition precedent to the existence of the National Government is absent.
They also sought a declaration that the appointment of cabinet of Ministers is null and void and has no force or effect in law.
The petitioners maintained that continuing to function as members of the cabinet of Ministers is inconsistent with the constitution and continuously violate the Fundamental Rights of the petitioners as enshrined in Article 12(1) of the Constitution.
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