Legal analysis on Presidential powers of Sri Lanka

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President of Sri Lanka “Gotabaya Rajapaksa” has drawn the anger of protesters, who called for his resignation outside his residence on Thursday, situation is getting worse day by day as the protestors wants the resignation of Rajapaksa’s family .As per prevailing situation Sri Lanka’s president declared a state of emergency in the island nation on Friday, a day after angry protesters demonstrated near his home demanding he resign and as plans were made for a nationwide protest over the country’s worst economic crisis in memory.

Emergencies in Sri Lanka are declared under the legal framework of the colonial-era Public Security Ordinance. Section 2 of the PSO empowers the President of Sri Lanka to declare an emergency in two situations:

First, when it is required in the interest of public security and preservation of public order.

Second, when it is necessary for the maintenance of supplies and services essential to the life of the community.
President Gotabaya Rajapaksa invoked sections of the Public Security Ordinance, which gives him authority to make regulations in the interests of public security, preservation of public order, suppression of mutiny, riot or civil commotion or for the maintenance of essential supplies.

Under the emergency regulations the president can authorize detentions, taking possession of any property and the search any premises. He can also change or suspend any law.

Constitution of democratic socialist republic of Sri Lanka also gives right to president to deployed armed forces with the recommendations of commission under Article 104(d) stated:

It shall be lawful for the Commission, upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case may be, to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or Referendum, as the case may be.”

The constitution of democratic socialist republic of Sri Lanka also restricts the fundamental rights in the interest of national security under Article 15(1):

The exercise and operation of the fundamental rights declared and recognized by Articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security”.

 

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