A Looming Constitutional Crisis, Courtesy Covid-19

Sri Lanka is fighting hard, to the best of all its citizens’ abilities, to deal with the current global pandemic caused by the coronavirus. To its credit, Sri Lanka seems to be comparatively doing well. Let us hope that we in Sri Lanka could ensure a speedy end to the threat posed by the said Covid-19. However, there is a growing acceptance that Sri Lanka was tragically still late in focusing its full attention on the prevention and management of this pandemic. It is apparent that priorities were divided within the government visà-vis ensuring democratic governance and dealing with the health situation of the country caused by the pandemic. The President appears to have made decisions on the basis of political advise rather than public health advise. Despite introducing a wide range of severe social distancing measures, he did not take measures to prevent public servants from organising the election campaign or nominations on March 19,2020 for parliamentary elections.

- Ameer Faaiz

INTRODUCTION

At this time of crisis, it is imperative that the government takes all necessary action. But that action must be on the basis of the rule-of-law. Otherwise, inadvertently, the public health response and economic relief may be delayed or affected. Second, as Asia’s oldest democracy, we have proved that we can meet any challenge – from natural disasters like the tsunami, insurgencies or terrorism – within the framework of a constitutional democracy.

When this unprecedented health and economic crisis is upon us, we must ensure that all arms of the government are fully operational to meet any eventuality. This is certainly no time for a constitutional crisis. There should not be any backsliding of democracy. Unfortunately, unless the President takes immediate corrective action, a constitutional crisis – the second in two years - will be added to these extremely grave health and economic crises.

BACKGROUND

The term of the 15th Parliament should have ended on September 1, 2020 but the President, exercising his constitutionally permitted discretionary powers, dissolved Parliament by Proclamation six months early, with effect from March 2, 2020 by Gazette Extraordinary No. 2165/8-2020. In that Proclamation the President also fixed April 25, 2020 as the date for the General Election and May 14, 2020 as the date on which the newly elected Parliament shall meet as required by article 70 (5)(a) of the Constitution.

ELECTIONS COMMISSION