President Maithripala Sirisena has issued instructions and guidelines to secretaries of ministries to carry out public services without disruption in keeping with existing laws and regulations.
This is consequent to the Court of Appeal issuing an Interim Order restraining the Prime Minister and the Cabinet appointed by him according to the provisions of the Constitution from holding their respective offices until a final determination is made by Court.
The President issued these instructions at a special discussion with secretaries of all Ministries held at the Presidential Secretary yesterday.
The president’s media division said the President has already issued directives to all members of the Public Service, armed forces and police to perform their duties and responsibilities relentlessly on behalf of state security, the country and the public in a situation of this nature.
President has no such powers - UNP
The Central Bureau of the United National Party said the Constitution has no clause which empowers the President to issue any orders or instructions to Ministry Secretaries as stated.
The UNP was referring to a statement issued by the President’s Media Division yesterday.
In a statement issued by Kurunegala District MP and former Home Affairs State Minister J. C. Alawathuwala, the Central Bureau of the UNP further said that according to section 52 (2) of the Constitution of Sri Lanka, a Ministry Secretary should operate government departments and institutions under the purview of the Minister
according to the orders and administration of the Minister. According to section 42 (1) of the constitution, there should be a Cabinet of Ministers to supervise the administration of the Republican government to be in charge of issuing such orders.
But according to the No-Confidence Motion passed in Parliament on November 14 and thereafter and the Stay Order issued by the Court of Appeal on December 3, there is no Cabinet of Ministers in operation now.
As such there is no authority which can issue orders and directives to Ministry Secretaries now. The President can issue orders and directives in keeping with the constitutional provisions to Ministries under his purview only.
Given this situation, it was unconstitutional on the part of the President to issue orders and directives to Ministry Secretaries, the UNP release said.
It should be emphasised that all Ministry Secretaries were duty bound to carry out their functions according to the Administrative and Financial Regulations taking into cognizance the proposals to cut down expenditure heads approved by Parliament recently. Without doing so anyone following unconstitutional orders and directives would amount to a breaching of the Constitution and a grave wrong, the UNP statements said.
President advices all the ministerial secretaries to continue work
The interim order issued by Court of Appeal does not prevail functioning of office. President has issued of directives to be followed by the secretaries of the respective ministries to carryout the official work without interruption.
The President chaired a special meeting with the Secretaries to all ministries at the Presidential Secretariat this morning, the President’s Media Division said.
During the meeting ,President Maithripala Sirisena has issued instructions and guidelines to secretaries of ministries to carry out public services without disruption in keeping with existing laws and regulations.
This is consequent to the Court of Appeal issuing an Interim Order restraining the Prime Minister and the Cabinet appointed by him according to the provisions of the Constitution from holding their respective offices until a final determination is made by Court.
The President issued these instructions at a special discussion with secretaries of all Ministries held at the Presidential Secretary today.
The president's media division said the President has already issued directives to all members of the Public Service, armed forces and police to perform their duties and responsibilities relentlessly on behalf of state security, the country and the public in a situation of this nature.
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