Tuesday, June 25, 2024

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Mahanamahewa reveals no-confidence motions cannot oust a President

The removal of the President from Office cannot be done by the tabling of a no-confidence motion in Parliament for such a move is not possible under the Constitution of Sri Lanka, said Counsel Prof. Prathibha Mahanamahewa.

The only manner in which a President can be ousted constitutionally is the tabling of an impeachment, which, however, may not be an easy task to begin with either, he emphasised.

Any impeachment tabled should be signed by a two-thirds majority in Parliament and handed over to the Speaker, who adds such a motion to the Parliament Order Book entry only in the event in which he is satisfied of the allegations, Mahanamahewa added.

In addition, such allegations should also fill the satisfaction of the Supreme Court, the former Human Rights Commissioner revealed.

Any notion that a President can be ousted in the manner in which a government or a Prime Minister is ousted via a no-confidence motion would be unconstitutional, nor the Speaker is of the capacity to acknowledge such a move, he added.


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