Supreme Court rules that President’s decision to dissolve Parliament unconstitutional

Dec 13, 2018 (LBO) – Sri Lanka’s Supreme Court in a historic judgment on Thursday ruled that the President’s decision to dissolve Parliament was unconstitutional and declared the dissolution null and void.

Delivering a unanimous judgment, head of the seven-member bench Chief Justice Nalin Perera said the President’s decision to dissolve Parliament has violated 12 (1) fundamental right of the petitioners.

Sisira De Abrew delivering a separate statement on provision 70 (1) of the constitution said the President has no power to dissolve Parliament before 4.5 years unless a two-thirds majority in the Parliament agreed.

The bench comprised of Chief Justice Nalin Perera, Justices Buwaneka Aluwihare, Sisira J de Abrew, Priyantha Jayawardena, Prasanna S. Jayawardena, Vijith Kumara Malalgoda, and Murdu Fernando.

Several political parties and civil society organizations through a fundamental rights petition at the Supreme Court challenged the proclamation issued on 09 November 2018 by the President dissolving the Parliament.

Few minutes after the judgment, UNP leader Ranil Wickremesinghe said he trusts that the President will promptly respect the judgment of the courts.