Emergency Over Emergency

• Regulations To Continue Or Not?

By Mandana Ismail Abeywickrema

The government may consider re-summoning the now dissolved parliament in March to extend the emergency regulations currently in place by another month.
The emergency regulations were  last passed in parliament on February 5 and would have to be extended for a further month on March 5 when the regulations are due for renewal. In the event that the regulations are not passed by parliament in March after its one-month period, the state of emergency in the country would lapse next month.
Media Minister Lakshman Yapa Abeywardena said the government may have to re-summon parliament in March to extend emergency regulations by another month.
“The government is yet to decide on it,” Abeywardena said.
He told The Sunday Leader that the President had powers to issue a proclamation extending the emergency regulations for a period of 10 days. However, the declaration of emergency has to be approved by parliament within 14 days, and the extension of the emergency requires parliamentary clearance every month.
The laws also enable the President to promulgate emergency regulations, including the power to make regulations having the legal effect of overriding, amending or suspending any law, except the provisions of the constitution.
Abeywardena noted that if the President issues a proclamation parliament would reconvene after the stipulated 10-day period to extend the regulations by a month.
When asked about the position of a parliament re-summoned after dissolution, he observed that there was no issue, as parliament would be reconvened for one day only to pass the emergency regulations under special reasons. “After the emergency is passed everything will be as it was,” he said.
As for whether the President would have to dissolve parliament again, Abeywardena said there was no such need, as there was special provision to summon parliament for one day after dissolution to extend the emergency.
Attorney and former parliamentarian Wijedasa Rajapaksa observed that once parliament is reconvened after dissolution to pass emergency regulations, it would be considered to be in session.
He explained that although the President could issue a proclamation extending emergency regulations at the end of the one-month period, parliament would have to convene on the tenth day after the proclamation to pass the regulations.
He noted that regardless of whether parliament is re-summoned by the President, the legislature would have to reconvene even after dissolution if the President issues a proclamation to extend emergency regulations.
In the current context, once reconvened the parliament would then be in session until the election on April 8. The legislators would once again be entitled to the perks and privileges they enjoyed before the dissolution of parliament.
“They would contest the election as sitting members of parliament,” Rajapakse said.
However, the government does not seem to have made a final decision on the extension of the emergency following the dissolution of parliament.
Defence Spokesperson and Minister Keheliya Rambukwella was not available for comment on whether the government was looking at extending the emergency regulations. Emergency regulations have been effective in the country since 1971 with the exception of several brief intervals.