#EmergingNewCrisis: How many ministries & functions can the President hold? Transitinal provision s.51 of 19A gives clear answer. He can assign to himself "subjects & functions of Defence, Mahaveli Development and Envirenment". Nothing more! Let's not confuse ourselves.
THIS IS NOT TRUE. Mahaweli and Environment Ministries were President’s PERSONAL choices. This is what 51 says-- QUOTE: “51. Notwithstanding anything to the contrary in the Constitution, the person holding office as President on the date of commencement of this Act, so long as he holds the Office of President MAY assign to himself the subjects and functions of Defence, Mahaweli Development and Environment and determine the Ministries to be in his charge for that purpose and accordingly, any reference in any written law to the Minister to whom such subject or function is assigned, shall be read and construed as a reference to the President.” UNQUOTE. This is only effective with the cooperation of the President. Executive powers enjoyed by the President under 1978 Constitution remain unchanged. Without a Referendum, sections pertaining to President could not be enacted. It is half done job. Changes in 19A are IN NAME ONLY. UNP has misled the President as he has no clue.
Reply : 00
Champa
Thursday, 20 December 2018 02:32 PM
(Continued) Even the dissolution of Parliament, President could not do so not because he did not have that particular power, but because the Parliament was fixed for 4½ years. Let’s see 50 (a) of 19A about the situation once next General Election is announced. QUOTE: 50(a) the President may, WITH THE CONCURRENCE of the Prime Minister, assign to himself any subject or function and may, WITH LIKE CONCURRENCE, determine the Ministries to be in his charge.” UNQUOTE: What is the meaning of CONCURRENCE? It is CERTAINLY NOT Prime Minister’s APPROVAL. Concurrence means AGREEMENT of OPINIONS. This may apply to a Unity Government as the President is a part of it. Suppose, the President is an independent person without a party, does he need PM’s CONCURRENCE? Of course not. PM has no power to dictate terms to the President. 19A DID NOT transfer Presidential powers to the PM. It only protected Parliament from being dissolved prior to its expiry and the PM, as long as he has majority (NCM).
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