The Attorney General has submitted a report to the Supreme Court regarding the composition ofthe Cabinet and State Ministerial portfolios of the incumbent government, in connection with a Fundamental Rights petition filed challenging the legality of the Cabinet.
Solicitor General Indika Demuni de Silva appearing for the Attorney General submitted the report compiled by Presidential Secretariat regarding the current composition of the Cabinet Ministers and State Ministers.
According to this report, the portfolio of theState Minister of Money and Capital Market and State Enterprise has been abolished by a gazette notification.
The report further stated that Lohan Rathwaththe, State Minister of Prison Management and Prisoners’ Rehabilitation has relinquished office as the State Minister on 15.09.2021.
However, counsel Dharshana Weraduwageappearing for the petitioner informed court that he is expecting to raise limited objections against this report.
The Court directed the petitioner to file limited objections on or before February 11.
The Secretary of the Professionals National Front of Sri Lanka (PNF) G. Kapila RenukaPerera, an engineer by profession had filed this petition through Attorney-at-Law DharshanaWeraduwage.
The petitioner is challenging the legality of the incumbent Cabinet alleging it has reached its threshold of 30 cabinet Ministers, as mandated in Article 47 (1)(a) of the Constitution.
Supreme Court -bench comprising Justice Murdu Fernando, Justice Yasantha Kodagodaand Justice Shiran Goonaratne fixed the petition for support on March 23.
The petitioner is seeking an Interim Order staying the President, Prime Minister and 32 other respondents from continuing to function as Cabinet Ministers.
The petitioner said he had noticed that there are budget allocations for over 30 Cabinet Ministers and over 40 State ministers, which is a clear violation of Article 47(1) (a) (b) of the Constitution.
The Petitioner further states that the total number of Cabinet Ministers has exceeded the mandatory threshold requirement as contained in the said Article and the composition of the cabinet of ministers continues to be illegal in terms of Article 47(1) (a) from on or around 07th July 2021.
The Petitioner further states with the appointment of the said Cabinet Ministers, the cabinet had reached its threshold of 30 cabinetMinisters, as mandated in Article 47 (1)(a) of the Constitution.
The Petitioner further states that to the best of his knowledge, the President had established 44 State Ministers, thereby vehemently violating Article 47(1) (b) of the Constitution.
The Petitioner states that, on or around the 12th of November, 2021, he came to notice that the Minister of Finance has presented the Budget for the Year 2022 to Parliament of the said Republic.
The petitioner said he visited the website of the Sri Lanka Parliament and have subsequently downloaded the budget speech and its annexures from the official website of the Ministry of Finance. Upon perusal of the said documents, the petitioner said he was shocked to discover that there is an increase of 525 Billion Rupees of the total government expenditure for the said year compared to the previous year (2021), which is over a 15.5% increase.
The petitioner alleged that the Cabinet of Ministers has collectively violated the Fundamental Rights of the Petitioner’s and of the entire citizens of the Republic, duly guaranteed by Article 12(1) of the Constitution by being part of and continuing to function as a Cabinet of Ministers, blatantly violating Article 47(1) (a) of the Constitution.
