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The Presidential election

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

At last - a school for politicians

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

Quack menace - SLMC replies

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

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