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| Sunday, 25 August 2002 |
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President rushes back to halt defections : PA in crisis talks by S. Selvakumar People's Alliance leaders are in crisis talks in efforts to prevent a split in Opposition votes in Parliament over the proposed Constitutional amendment bill to clip Presidential powers over Parliament, according to political sources. Worries over PA defectors voting in favour of the Government's proposed amendment arose after last Wednesday's cabinet meeting at which, in the President's absence, the Ministers decided to ignore her directive not to consider the amendment legislation until her return to the country. President Chandrika Bandaranaike Kumaratunga is understood to be curtailing her London visit and is rushing back to join in the effort to share up Opposition strength in the House. The government was optimistic it could muster over 30 PA votes for the 18th amendment though the requirement is only 19. At last Wednesday's Cabinet meeting Prime Minister Ranil Wickremesinghe is understood to have read a letter sent to him through Kumaratunga's secretary Kusumsiri Balapatabendi. The letter directed the Prime Minister to avoid finalising the Bill on the proposed 18th amendment and the premier referred it to Minister G.L. Peiris for his opinion. The latter told the Cabinet that the Presidential directive need not be heeded and the ministers could go ahead with the Bill. Finance Minister K.N. Chocksy PC, too endorsed the same view, the Sunday Observer learns. Later at a Colombo press conference Minister Peiris said that the government was even prepared to go for a referendum if the Supreme Court orders one, to amend the constitution. However, on Friday, addressing a People's Alliance press conference, PA spokesman Dr. Sarath Amunugama criticised the views expressed by Prof. Peiris and asserted that even if the Supreme Court directs that a referendum be held to ascertain the views of the people it was the President who has the authority to declare a referendum. When asked for his views on the different stand of Prof. Peiris and Dr. Amunugama on the referendum issue Constitutional lawyer and Finance Minister K.N. Chocksy PC told the Sunday Observer that the view point that the President is not obliged or compelled to hold a referendum if the Supreme Court directs that the proposed amendment requires approval of the people at a referendum in addition to a two thirds majority in Parliament, is a constitutionally 'erroneous view.' He cited Article 85 (1) of the Constitution and said that it is a mandatory or imperative constitutional stipulation that compels the President to hold a referendum if the Supreme Court decides to that effect. "There is thus no escape but to hold a referendum if the Supreme Court so directs," Chocksy added. "The holding of a referendum when required is thus a fundamental or basic provision of the Constitution which cannot be departed from without doing violence to the Constitution itself and the sovereign rights of the people" Mr. Chocksy reiterated. Meanwhile, President Kumaratunga who left the country on August 17 on a private visit is expected to cut short her visit and return to the country today (Sunday) in view of the emerging scenario of the country's political picture. The President is expected to meet with PA constituent party leaders tomorrow and later with the PA Parliamentary group. |
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