July 27, Colombo (LNW): Leader of the House and Education Minister Dr. Susil Premajayantha told Parliament yesterday (26) that resolving the current issue regarding the position of Inspector General of Police (IGP) falls under the responsibilities of the Constitutional Council.
He made this statement while clarifying the interim order issued by the Supreme Court concerning the IGP’s position. The Leader of the House further elaborated, “The role of a Leader of the House is to support the operations of the House, which is what I am attempting to do. I explained the principle of separation of powers. The Speaker is the head of the Constitutional Council. The Constitutional Council confirms the names for positions mentioned in the schedule of the Constitution, which the President nominates.
“We can discuss the decision in a case. Otherwise, we cannot learn or teach the law. The Supreme Court can issue an interim order to suspend the IGP. According to Article 126, this is correct. As a lawyer, I agree with it. The suspension does not vacate the position but stops the function.
“Can an order be given to vacate the position? When taken as an argument, if it is an executive part, it should be referred back to the appointing body, and beyond that, the responsibility falls on Parliament. According to this process, the question is whether the IGP position is vacant or not. How can an acting appointment be made if the position is not vacant? The issue arises whether another person can be appointed to act when there is someone in the position. I suggest that this issue should be referred back to the Speaker.
“Accordingly, it is up to the Constitutional Council to decide whether to convene or not, and if the position is vacant, to appoint an acting official. If the position is not vacant, how can an acting official be appointed? There is no constitutional provision for appointing acting ministers when ministers travel abroad. However, appointments and other matters under Article 7(a) of the Constitution are different and fundamental to the Constitution. Therefore, the acting minister position when a minister travels abroad and the positions in this process are different. It is constitutional and cannot be violated.”
Dr. Premajayantha clarified these points to address the queries raised about the current situation regarding the IGP position in Parliament.
