When must the Presidential Election be held?
Was Chandrika Kumaratunga’s second term due to end in December 2005 or December 2006? Victor Ivan works through the constitutional arithmetic. G.L. Peiris holds that the public oath of 22 December 1999 governs, making the election due in 2005; Mangala Samaraweera replies that a two-term president is entitled to twelve years, placing it in 2006 and resting on an oath the President is said to have taken in secret on 12 November 2000. Ivan tests the twelve-year claim against J.R. Jayewardene, who served two terms and got eleven: having gone to the country early in October 1982, he took his second oath in February 1983 and lost a year. Article 31(3A)(d), quoted in full, sets the term from the date of the oath. He then explains why she took the December oath at all — after the bomb attack on her campaign, her advisers invoked the doctrine of necessity so that her death would not force a fresh election, an insurance that has since become a liability. A secret oath cannot invalidate a public one, he concludes, and any attempt to make it do so will bring on another crisis.
A UNP-PA Coalition in Place of a JVP-PA Coalition?
This article analyzes the strategic political maneuvering between Sri Lanka’s major parties—the UNP, PA, and JVP—over the formation of coalitions and control of the government. It outlines the internal divisions within the PA regarding whether to form a permanent alliance with the JVP to topple the ruling government, or to feign an alliance to eventually form a national government with the UNP. The piece highlights the President’s reluctance for a snap election and Prime Minister Ranil Wickremesinghe’s counter-strategy: maintaining stability to secure international aid for the peace process with the LTTE, and proposing a national referendum on peace to isolate the JVP and foster a UNP-PA coalition.