The Cabinet decision to withdraw Excise Notification No.02/2018 is unconstitutional. The Notification removes the ban on the sale of liquor to women within the premises of a tavern. This brief explains why the Cabinet decision constitutes an imminent infringement of the fundamental right to equal protection.
On 10 January 2018, the Minister of Finance and Mass Media amended Excise Notification No.666 of 31 December 1979. It is widely believed that by this act the Minister revoked a prohibition on the sale of liquor to women. The President and the cabinet responded by asking for the amendments to be reversed. This reversal is widely believed to have reinstated the previous prohibition on women purchasing liquor. Verité Research finds both these views to be poorly-informed.
This brief is a primer on the ongoing debate concerning the proposed reform of the Muslim Marriage and Divorce Act (MMDA). The brief contains information on the background of the debate, and the key stakeholders involved in the proposed reform process. It also summarises the proposed reforms of the MMDA and other legislation.
The recent Court of Appeal judgement on SLFP MP Geetha Kumarasinghe’s disqualification from Parliament due to her dual citizenship has sparked a debate on whether the disqualification of candidates invalidates nomination papers. This briefing note discusses this issue and argues that nomination papers cannot be invalidated on the basis that a candidate is disqualified from being elected to parliament.
This brief, published by our legal team, analyses the limitations on the powers of the Executive President to assign subjects and functions to Ministers under the 19th Amendment (19A) to the Constitution. In particular, this paper argues that the Constitution and the 19th Amendment prohibit the President from assigning the subject of the Office on Missing Persons Act (OMP) to himself, and consequently from appointing the date on which the provisions of the OMP Act comes into operation.
This brief analyses some of the changes made to the original 19th Amendment Bill during deliberations at the Committee State in Parliament. It also assesses the final version of the Amendment in terms of its delivery on the people’s expectations with respect to democratising and depoliticising governance.
“Can the President’s executive powers be controlled through strengthening the Prime Minister’s functions without a referendum?” – This question has generated much commentary and dominated many discussions after the recent Supreme Court Ruling on the 19th Amendment Bill. This brief seeks to demystify and concisely explain two major principles on which the ruling was framed and explain in terms thereof, their implications for the executive power and office of the President, outlining the type of relevant constitutional changes that requires a referendum and the type that doesn’t.
This report provides a detailed analysis of the main reasons attributed to the power crisis prevailing in Sri Lanka during a greater part of the year. It identifies how these reasons; namely, the unexpected high growth in demand, shortage in generation capacity, reduced rainfall in catchment areas and the breakdown of the Chinese-built coal power station, cannot fully explain the crisis. The report also classifies a policy decision which has been implemented to reduce costs but may have been utilized rather aggressively, resulting to have contributed to the power crisis.