Archives

President supreme in Lanka's defence - Supreme Court

The President is supreme relating to Sri Lanka's defence, the Supreme Court states in its determination consequent to the opinion sought by the President from the Supreme Court regarding the subject.

The determination states:

The President invoked the consultative jurisdiction of the Supreme Court under Article 129 (1) of the Constitution and referred two questions for an opinion of that Court. The essence of the two questions are as follows:

1. Whether the powers vested in the Minister of Defence appointed by the President under the Constitution are subject to the overriding control and authority of the President and are subordinate to the plenary powers vested in the President under the Constitution relating to the Defence of Sri Lanka;

2. Whether certain amendments made by the Minister of Defence to Regulations framed under the Army, Navy and Air Force Acts encroaches upon the powers vested in the President relating to Defence and are ultra vires the Constitution.

The President referred these questions to the Supreme Court because the Minister of Defence had by certain amendments to pre-existing regulations interfered with certain powers vested in the President of determining whether certain senior commissioned officer of the armed forces had to retire if they were not promoted by the President to the next senior rank.

The regulations which the Minister sought to amend had all been framed by President J. R. Jayewardene and President R. Premadasa in their capacity as President.

A Bench of five judges of the Supreme Court presided over by the Chief Justice held a public sitting on October 31 to determine the matter and ruled as follows:

a. The plenary executive power including the defence of Sri Lanka is vested and reposed with the President. The Minister of Defence has to function subject to this power vested in the President.

b. The said power vested in the President relating to the Defence of Sri Lanka under the Constitution includes the control of the armed forces as Commander-in-Chief of the Forces.

The Minister of Defence has no legal authority to amend the existing Regulations under the Army, Navy and Air Force Acts as the power to frame regulation is vested only in the President.

Thus the said amendments framed by the Minister of Defence to the existing regulations are ultra vires, invalid and of no force or avail in law."

www.crescat.com

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries

Produced by Lake House
Copyright © 2003 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager