Early presidential election: Can President Wickremesinghe call one?
Over the past few months, some media outlets have highlighted the possibility of holding the next presidential election in early 2024, a few months prior to the end of President Ranil Wickremesinghe’s current term in office in November 2024. This article looks at whether the law would allow the current president to hold an early election.
How did we get here?
At the 2019 presidential election, Gotabaya Rajapaksa secured a public mandate to govern Sri Lanka for a term of five years.3 However, on 14 July 2022, after governing Sri Lanka for approximately two years and eight months, Rajapaksa resigned from office amidst widespread public protests.
On 21 July 2022, Wickremesinghe was sworn in to office after being elected as the president through a parliamentary vote, as stipulated in Article 40 of the constitution. Wickremesinghe thus ascended the presidency to govern the country for the remainder of Rajapaksa’s five-year tenure.
Article 40 of the constitution:
“If the office of President shall become vacant prior to the expiration of his term of office, Parliament shall elect as President one of its Members who is qualified to be elected to the office of President. Any person so succeeding to the office of President shall hold office only for the unexpired period of the term of office of the President vacating office.”
What does the constitution say?
The Sri Lankan constitution sets out the procedure to call for an early presidential election.
Under ordinary circumstances, where the president is elected by the people at a presidential election, he/she is empowered to call for an early presidential election after the completion of four years from the commencement of his/her first term in office.
Article 31 (3A) (a) (i) of the constitution:
“Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, at any time after the expiration of four years from the commencement of his first term of office, by Proclamation, declare his intention of appealing to the People for a mandate to hold office, by election, for a second term.”
However, Article 31 (3A) (e) restricts any president who has been elected to office by the parliament from exercising the right stipulated in Article 31 (3A) (a) (i) of the constitution.
Article 31 (3A) (e) of the constitution:
“A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph.”
Hence, the constitution does not allow President Ranil Wickremesinghe, who was elected to office by the parliament, to call for an early presidential election.
Could Wickremesinghe call an early presidential election anyway?
The parliament could allow Wickremesinghe to call for an early presidential election by amending certain provisions of the constitution, as provided in Article 75 of the constitution.
Article 75 of the constitution:
“Parliament shall have power to make laws, including laws having retrospective effect and repealing or amending any provision of the Constitution, or adding any provision to the Constitution: Provided that Parliament shall not make any law – (a) suspending the operation of the Constitution or any part thereof; or (b) repealing the Constitution as a whole unless such law also enacts a new Constitution to replace it.”
If such a constitutional amendment is presented to parliament, it would need to be passed with a majority of two-thirds. If the Supreme Court deems it necessary upon a challenge of the proposed bill, it will require both a majority of two-thirds and the approval at a public referendum.
