The Supreme Court (SC) this week ruled that the people's fundamental rights (FRs) have been violated due to the non-holding of the Local Government (LG) Elections last year (in 2023).

The SC explained that the Executive branch, i.e. the President,  is liable for the infringement of the FRs guaranteed under Articles 12(1) and 14(1)(a) of the Constitution, which pertain to the right to equality and the equal protection of the law, and the freedoms of speech and expression including publication, by not holding the LG Elections. This ruling was issued after considering FR petitions filed against the postponement of the said Elections.

The SC directed the Election Commission (EC) to schedule the LG Elections at the earliest possible with due regard to their duty to hold other elections as per the law. In addition, the EC was further directed to exercise their powers and authority vested by law and obtain the assistance from the relevant State agencies in order to hold the Elections.

The SC decision comes in a context where the Government has defended the postponement of the LG Elections citing a lack of funds due to the economic crisis, which the SC says is not a valid reason to postpone Elections. The SC said that even if the depletion of Government funds made it difficult to provide funds for the LG Elections, it is not the fault of the petitioners or the people of the country. The SC in its judgement explained that perhaps, it may not be the present respondents who are directly and personally responsible for such depletion, but, understandably, such deterioration of the economy has to be a result of the mismanagement of the economy of the country by the persons who held the office of some of the respondents. The judgement added: "In that backdrop, can the State deny its liability for the violation of the rights for denying the right to vote at the LG Elections 2023 within the time period it should have been held? In my view, the answer has to be in the negative."

In the political arena, the SC decision will be portrayed as a judgement against the Government's conduct. But, this is a landmark judgement that emphasises that the people's franchise is a priority and that it cannot be ignored by the State. In a democracy, elections are the main democratic mechanism that facilities the people's involvement in the Government, and that is something that every government should be reminded of.

Ensuring the people’s franchise by holding elections on time is crucial to maintaining the democratic fabric of Sri Lanka. By holding elections on time, elected officials are reminded that their mandate is time-bound and that they must remain responsive to the needs of the electorate, which is necessary in a country like Sri Lanka where politicians try to remain in power as long as possible despite their failures as public representatives and as the voice of the people that voted for them.

In Sri Lanka, elections are often portrayed as a privilege that governments grant the citizens, and during the past few years, elections have also been mocked. This SC decision is a reminder that timely elections are an obligation that every government should fulfil regardless of the circumstances. At the same time, this is a reminder that while the Government may come up with various excuses, the EC too has an obligation to take the initiative in election-related decisions. 

Both the EC and the Government have expressed willingness to discuss the SC judgement and the implementation of the same. What the two parties will do remains to be seen. It is crucial that they take their roles and responsibilities seriously in this case, and the Government, especially, should fulfil its obligations without seeking ways to evade it.