The all-powerful Sri Lankan Presidency

The all-powerful Sri Lankan Presidency

Subject :Polity

Section: Constitution

Context: Srilanka crisis

• Structure: Sri Lanka is a semi-presidential representative democratic republic, in which the President of Sri Lanka is both head of state and head of government, and of a multi-party system.
• Origins of unlimited power:
• Since its Independence in 1948, Sri Lanka was a parliamentary democracy.
• It adopted a republican constitution in 1972, in which parliamentary democracy continued.
• In 1978, the second republican constitution changed it into a presidential form of government and vested the President’s office with enormous powers.
• Details:
  • Executive power is exercised by the government
  • Legislative power is vested in both the government and Parliament.
  • The Judiciary is independent of the executive and the legislature.
  • The Politics of Sri Lanka reflect the historical and political differences between the three main ethnic groups, the majority Sinhala and the minorities Tamils and Muslims, who are concentrated in the north and east of the island.
• President:
  • The President is directly elected for a six-year term, and is the head of state, head of government, and commander in chief of the armed forces.
  • The election occurs under the Sri Lankan form of the contingent vote.
  • Responsible for Parliament for the exercise of duties under the constitution and laws, the president may be removed from office by a two-thirds vote of Parliament with the concurrence of SC.
• PM and Cabinet of Ministers:
  • The President appoints and heads a cabinet of ministers responsible to Parliament.
  • The President’s deputy is the prime minister, who leads the ruling party in Parliament.
  • A parliamentary no confidence vote requires dissolution of the cabinet and the appointment of a new one by the President.
• Indian Presidential System:
  • India follows a parliamentary system of government, which means that the President of India is a ceremonial head of state and the real power lies with the Prime Minister and the Council of Ministers.
• Election Process: The President of India is elected by an Electoral College consisting of the elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of all Indian states. The election is conducted through a system of proportional representation by means of a single transferable vote.
• Powers of the President: The President of India has both executive and legislative powers. Some of the key powers of the President are:
• Appointment of the Prime Minister: The President appoints the Prime Minister of India and, on the Prime Minister’s advice, appoints other members of the Council of Ministers.
• Summoning and Proroguing of Parliament: The President summons and prorogues the sessions of both houses of Parliament and can also dissolve the Lok Sabha.
• Promulgation of Ordinances: The President can promulgate ordinances when Parliament is not in session. These ordinances have the same force and effect as an act of Parliament.
• Assent to Bills: The President gives assent to bills passed by Parliament, which are then enacted into law.
• Pardoning Power: The President has the power to grant pardons,reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence.
• Term of Office: The President of India holds office for a term of five years and is eligible for re-election for any number of terms.
• Removal from Office: The President of India can be impeached by Parliament for violation of the Constitution. The procedure for impeachment is similar to that of a criminal trial, with the Rajya Sabha Upper Houseacting as the court and the Lok Sabha Lower House acting as the prosecutor.
• Role in Government: The President of India is not a part of the government and does not participate in the day-to-day functioning of the government. However, the President does play an important role in the appointment of judges, governors, ambassadors, and other high-ranking officials.