President has fulfilled his Constitutional duties - S. Jayawardena PC | Daily News


 

President has fulfilled his Constitutional duties - S. Jayawardena PC

President’s Counsel Sanjeewa Jayawardena appearing for an intervenient petitioner informed Supreme Court yesterday that the President has always acted in compliance with Constitutional provisions when dissolving parliament and fixing a date for the General Election.

Sanjeewa Jayawardena PC made this remarks when eight Fundamental Rights petitions filed challenging the dissolution of Parliament and holding General Election on June 20 were taken up for hearing before Supreme Court five-judge-bench for eight consecutive days.

While appearing for Ven. Muruttettuve Ananda Thera, an intervenient petitioner, Jayawardena submitted to court that President had issued the proclamation to dissolve parliament in terms of Article 33(2)(c) and read with Article 70(1) of the Constitution.

He argued that the dissolution of Parliement by the President is legal and constitutional since he has fulfilled his constitutional duty in terms of Article 70(1) of the Constitution.

Jayawardena further stated that duty cast upon the President under Article 70(5)(a) of the Constitution, the President had fixed a date for the General Election and date for the first meeting of the new parliament which should be within a period of 3 months from the date of the said proclamation.

Meanwhile, Jayawardena further submitted to Court that President is empowered in law to authorize to issue money from the consolidated fund in terms of Article 150(3) of the Constitution.

“The President is empowered to authorise, withdrawal to meet inter alia Recurrent Expenditure, Capital expenditure as well as the pay public debt (foreign or local), in terms of Article 150(3) of the Constitution, and therefore, the argument that the President can only authorise withdrawls from the consolidated fund to only meet the recurrent expenditure in terms of Artcle 150(3) is erroneous and flawed and misconceived in law,” Jayawardena added.

Sanjeeva Jayawardana PC with counsel Rukshan Senadheera, Mihan Mohamed and Maneesha Dissanayake appeared for the Intervenient-Petitioner Ven. Muruttettuve Ananda Thera.

President’s Counsel Ali Sabry, Gamini Marapana PC and Kushan de Silva PC also made their submissions.

The five-judge Supreme Court bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Vijith Malalgoda fixed further hearing for today (29).


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