• Notes need for electoral reforms to be done well in advance pre-polls  

The Bar Association of Sri Lanka (BASL) stressed that in the event of attempts to postpone the Presidential and Parliamentary elections, the former which is expected to take place towards the end of this year, it will not hesitate to oppose such attempts and will show zero tolerance regarding the same. 

It noted that such an attempt will erode the public confidence in universal suffrage and challenge the franchise of the people.

BASL President, President’s Counsel Kaushalya Nawaratne, made these remarks in a context where there are widespread concerns with regard to the dates of the two said elections. 

Explaining the constitutional provisions that apply to the conduct of the two said elections, he said that while there is no constitutional provision that says that either the Presidential Election or the Parliamentary Election should be held before the other, what is required by the law is that these elections be held within the time periods stipulated in the Constitution which relate to the expiration of the tenures of the Parliament and the President. 

Speaking to The Daily Morning, he explained that regardless of the fact that the present President (Ranil Wickremesinghe) is substituting for an elected President (Gotabaya Rajapaksa), his tenure comes to an end this year November, and that the Presidential Election should therefore be held before the end of October. The Parliamentary Election, he added, should also be held upon the expiration of the Parliament’s tenure. He explained that in a context where the Parliament can be dissolved before that, if the Parliament is dissolved, the Parliamentary Election can be held even before the Presidential Election. “It is the duty of the Election Commission and the Government to hold these Elections within the stipulated time period,” Nawaratne emphasised.

In response to a question about the concerns that the two Elections are likely to be postponed, he added: “There is no (legal) provision to postpone the Elections. These are constitutional requirements. If you are going to bypass these constitutional provisions, it has to be done either through amending the Constitution or with a two thirds majority approval of the Parliament and a referendum. If you can go for a referendum to do that, you can definitely go for the elections.”

Moreover, with regard to the ongoing electoral system related legal reforms process, which various activists claim could be used as a pretext to postpone the two Elections, Nawaratne noted that such would seriously affect democracy as Elections are democratic processes. If the authorities are genuinely interested in bringing in amendments to election laws, he said, such should be done in advance.