The Supreme Court today directed the Attorney General to submit a report regarding the composition of Cabinet and State Ministerial portfolios of the incumbent government in connection with a Fundamental Rights petition filed challenging the legality of the Cabinet.
An engineer had filed a Fundamental Rights petition in the Supreme Court challenging the legality of the incumbent Cabinet alleging it has reached its threshold of 30 cabinet of Ministers, as mandated in Article 47 (1)(a) of the Constitution.
Counsel Dharshana Weraduwage appearing for the petitioner submitted to court that the several ministerial portfolios have been changed by the President while this petition is being heard before the Supreme Court. Accordingly, he sought court’s permission to file an amended petition subsequent to the cabinet reshuffles and changes to the State Ministerial portfolios.
The Supreme Court three-judge-bench comprising Justice Murdu Fernando, Justice Gamini Amarasekera and Justice Shiran Goonaratne directed the Attorney General to submit a report regarding the composition of Cabinet and State Ministerial portfolios on May 4. The petitioner was also directed to file an amended petition on May 4. The parties were directed to file their objections on May 11. The matter was fixed for support on May 18.
The Secretary of the Professionals National Front of Sri Lanka (PNF) G. Kapila Renuka Perera, an engineer by profession, had filed this petition. The petitioner is seeking an Interim Order staying the President, Prime Minister and 32 other respondents from continuing to function as Cabinet of 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 has commenced and 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 Minister, the cabinet had reached its threshold of 30 cabinets of Ministers, 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.
