There is so much of debate over the date on which the next
Presidential elections should be held. Some say it should be held in
November 2005 while some others argue that it is due only in December
2006.
This controversy clearly stems from the confusion over the date on
which the President had taken oaths after the Presidential elections
held in December 1999.
To resolve this issue one has to examine the provisions of our
Constitution relating to:
1. the term of office of the President,
2. the election of the President,
3. the circumstances under which the office of the President would
fall vacant.
With regard to the President's term of office, Article 30 (2) clearly
states that an elected President's term of office is six years. However,
he could use the provisions under Article 31 (2) and be re-elected for
second term; but not beyond a maximum of two terms; be it immediately
after the first term or subsequent term.
As regard the Presidential election, the Constitution also provides
under Article 31 (1) (3 A)(a)(i) that it could be held even earlier (i.e
even before the expiry of the first term of six years) if the incumbent
President so desires. However, it has to be upon a declaration by the
President published as a 'Presidential Proclamation' of his intention to
do so. Such Presidential Proclamation should only be after the expiry of
four years from the 'Commencement of his first term'.
But once he elects to exercise his right under this provision
immediately on completion of four years, then his first term of six
years would get reduced by a year (even more than a year) depending on
the immediate subsequent date which 'corresponds with the date' on which
his first term of office commenced. For example, if a President was
elected for the first term on 30.01.2000 then his term of office would
under normal circumstances expire on 30.01.2006. But, he could opt to
have a Presidential election, as stated above, after the expiry of four
years i.e. in this instance any time after 30.01.2004. Say, the election
was accordingly held on 30.4.2004; and if he was re-elected for another
term, then his second term would commence from 30.01.2005 which is the
next 'date that corresponds with the date on which his first term
commenced'. Thus he has voluntarily sacrificed a year from his first
term of office - see Article 31 (1)(3A)(d)(1).
Now, let us examine how the office if the President falls vacant.
This is provided under Article 38 (1). The two important provisions,
inter alia as found in this Article are sub provisions:
(b) which says, by resignation in writing addressed to the speaker;
and
(d) if the elected President willfully (note the word 'willfully')
fails to assume office within two weeks from the date of commencement of
his term of office.
Now comes the interesting question: How does the President assume
office? The method is clearly given in Article 32(1) the persons elected
to the office of President shall assume office upon taking and
subscribing the affirmation set out in the Fourth Schedule (to the
Constitution) before the Chief Justice or any other Supreme Court Judge.
Upon a careful examination of these constitutional provisions one
would see that the 'term of office' of the President is fixed clearly as
six years.
However, the first term of office can be reduced to a lesser period
between 4-6 years if the incumbent President decides to do so as shown
above. In such an event the second term of six years of the same
President (if re-elected) is again fixed.
That is, from the subsequent 'corresponding date' as explained above.
But it must be pointed out that the subsequent term is not counted from
the date on which the President takes oath; so that the date from which
the second term commences which is constitutionally fixed cannot be
shifted according to the date of the President taking the oath. Neither
can a President reduce his term-office voluntarily unless by resignation
or by making a declaration, after completion of four years of his first
term, to go for an early election as stated above.
As we have seen earlier one of the circumstances which renders the
Office of the President vacant is when the newly elected person
'willfully' fails to assume office (by taking the oath) within two weeks
'from the date of commencement of his term of office'. Since the
incumbent President Kumaratunga has continued up to now from the date
which is reckoned as the 'Corresponding date' as the President - for
almost five years after taking the Presidential Oath for her second term
- We have to presume that there had been no 'willful failure' on her
part to assume office prescribed, even if there can be some doubt about
the validity (which would not be an incurable defect) of her taking oath
for the second term of office.
The Presidential election was held in December 1999, that is a year
before President Kumaratunga's first term of office expired. The next
'corresponding date of commencement' for the purpose of reckoning her
second term of office fell in December 2000 in terms of Article
31(1)(3A)(d) (1). In these circumstances President Kumaratunga has a
constitutional right to remain in office until the expiry of six years
from December 2000.
U. MAPA -
Kadawatha
Public anger against politicians in India, is, after all, no
different to ours. Except they have now gone a step ahead of us by
establishing a school to offer post-graduate courses in social and
political leadership aimed at their politicians and bureaucrats.
The idea for this welcome move comes from the thoughts of the high
profile former Chief Election Commissioner of India Shri T. N. Seshan -
a man who fears none in calling 'a spade a spade' and one who rarely
spared wayward politicians who crossed his path.
Seshan says the school will teach politicians and bureaucrats to be -
what else? - good politicians and bureaucrats.
The school named MIT School of Government (MITSOG) located in Pune,
Maharashtra hopes to be 'of some use in a polity where some of the MP's
do not know how to read the Budget'. The course is a one-year,
3-semester residential Masters Diploma in Government and includes
subjects such as the Constitution, the functioning of Parliament,
relationship between various government organs, budget and finance
economy, communication and management.
The fee is in the region of US$ 6,000 including hostel fee. There is,
however, no indication if martial arts are part of the curriculum, a
discipline in which some of our politicians frequently indulge in. India
is no different here because they have their political goondas too
inside their legislatures.
Some might suggest it won't be a bad idea if Sri Lanka invokes one of
our many agreements with India and send regular batches of our
legislators for training with Seshan in Pune.
A. KANDAPPAH -
Colombo 3
The attention of the Sri Lanka Medical Council (SLMC) was drawn to
the editorial (DN July 12) in the reference to the ' Quack Menace,'
where it was mentioned that the SLMC is not taking any action to tackle
the problem. The SLMC considers that any person who practices modern
scientific/western/allopathic medicine without registration in the
Council as an illegal practitioner or 'quack'.
The regulations with regard to disciplinary procedure restricts
inquiry by the Council to registered practitioners.
When persons who are not registered are reported to the SLMC, the
only action the SLMC could take is to report the matter to the police.
At a seminar conducted a few years ago by the Sri Lanka Medical
Association, a senior police officer stated that apprehending quacks is
not a priority for the police.The SLMC, since the year 1999 attempted to
amend the Medical Ordinance to give powers to authorized officers to
carry out this function.
These amendments were presented to successive Ministers of Health
since then. But they have not taken any action, probably they also
consider this a low priority.
Some years ago, the Director General of Health Services authorized
the Medical Officers of Health, on the powers vested in him under the
Cosmetics, Devices and Drugs Act to take action to apprehend quacks.
However, this was withdrawn in a short time on the orders of the
Minister, due to pressure from persons registered to practise other
systems of medicine.
DR. N. J. NONIS - Registrar,
Sri Lanka Medical Council, Colombo 10 |