'President Has No Constitutional Right To Remove PM: Only Way Is To Successfully Move NCM In Parliament'

February 16, 2018

Lawyers for Democracy, issuing a statement a short while ago, said the President had no constitutional right to remove the Prime Minister, as per the 19th Amendment to the Constitution. 

Issuing a statement, Lal Wijenaike, K.S. Rathnavale, Sudath Nethsinghe, Prabodha Rathanayake and Harin Gomez said prior to the 19th Amendment to the constitution, the President had power to remove a Prime Minister. 

"But, the 19th Amendment to the constitution took that power away," they said.

"following Parliamentary traditions, the only way to "remove" a Prime Minister is to successfully move a no-confidence motion against him/her in Parliament. The President has no role in such a process," the statement said. 

According to the 19th Amendment to the constitution, the only way in which a Prime Minister can cease to hold office in terms of article 46 (2) is that if he A) resigns from his office by a writing under his hand addressed to the President B) Ceases to be a Member of Parliament, OR if the Cabinet of ministers is dissolved pursuant to the statement of government policy or the appropriation bill being defeated in Parliament, or passing of a no-confidence motion against the government.