DOES THE CABINET OF MINSTERS ACT AS ADVISORY BOARD TO THE PRESIDENT: BY DR. D. TENNAKOON

DOES CABINET OF MINISTERS ACT AS AN ADVISORY BOARD IN EXERCING OF EXECUTIVE POWERS, DUTIES, AND ACTIONS

According to above given account on operational system of the executive powers, the Cabinet of ministers have powers to act as advisory board in exercising the state executive power.  The most important clause is “there shall be Cabinet of Ministers charged with the direction and control of the government”.  In the Constitution of 1972,  a similar Article was included.

In 1972 Constitution, Article 92[1] reads as: “There shall be a cabinet of ministers charged with the direction and control of the Government of Republic, which shall be collectively responsible to the National State Assembly, and answerable to the National State Assembly on all matters for which they are responsible”.

       In 1972 Constitution, there was an another Article, the Article 27[1], which reads as follows;  “The President shall always “except as otherwise provided by the Constitution”  act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advice the President on any particular function assigned to that Minister”   This article is with ambiguity, as it has not given real directions of the which powers, duties, and acts of the President to be surrendered upon the advice of the Prime Minister.

     Thus, the President has acted according to the provisions given in Article 92[1], as it fits and parallel stand with the British convention, and the President acted following the British convention.

      In the 1978 Constitution the powers of the Cabinet of Ministers have been sited as follows:  Article 43[1] reads as “ There shall be a Cabinet of Ministers charged with powers of  aid and guide[control] the Government, and direction of the Government of the Republic. The Cabinet of Ministers shall collectively responsible and answerable to the Parliament. [please consider above is the direct translation of Sinhala version of the Constitution].

       On these circumstances the Cabinet of Ministers have right to function as an Advisory Body to exercise of executive powers according to the Constitution.  If President does not claim for any power, there may not be any controversy regarding the exercise of executive powers.  The Cabinet of Ministers should keenly adhered to their collective responsibility, and may be they have strength to prohibit from media statements which harmful to that collective responsibility and cohesion.  Think about country, poor people, and poor economy.  Do not rally and centre on personal benefits.
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Dialogue Between Ms. Maggiya and Mr. Maharala

Maggiya:  O oh; Maharale, isn’t it true, that leagues and gangs those who fired Lanka, demonstrated ‘harthal’, burned public properties, protested and made loud voice against to Provincial Council Bill in 1987, were in wrong stand against your draft bill of proposals for transferring powers to Central Parliament/Central Executive.

Maharala:          O ho; ye, Maggiyo;  Now we are in a season of turmoil.  All they opposed to my proposals;

                  Have you heard this poem?

                “Eat and Eat creates fond of tasty,

                Fond of tasty inspires with the eagerness,

                Eagerness intrigues with the affection,

                Affection misleads the direction of the right path”

Maggiya:  Is it correct?

Maharala: Can’t you see?, where were you?

Maggiya: Oh; Yeh.