The question whether ex-President Mahinda Rajapaksa is eligible to be appointed to the Prime Minister’s post if he has the support of a majority of members in Parliament following the August 17 poll is the subject of current debate. President Sirisena has made public his intention not to appoint Rajapaksa as the Prime Minister and has hinted that ‘there are enough seniors in the party to be the Prime Minister’. There are some within the UPFA who want Rajapaksa as their Prime Minister in the event of a UPFA majority in Parliament. A.H.M. Fowzie, for instance, has acknowledged that the appointment of the Prime Minister is the prerogative right of the President but that, after the elections are over, the UPFA ‘will prevail upon President Sirisena to accommodate Rajapaksa as the Prime Minister’.
Another UPFA candidate has threatened to do a Dahanayake and run around with the mace if Mahinda Rajapaksa is ignored for the post. G.L. Peiris has weighed in to say that nowhere in the constitution is it stated that a former President cannot become Prime Minister. The President, he said, must appoint as Prime Minister the member who commands the support of a majority of parliamentarians, and he must appoint Mahinda Rajapaksa if he happened to be that person. Former Chief Justice Sarath Silva has declared as untenable the argument that Rajapaksa is disqualified from acting as President simply because he has already been elected twice as President. Continue reading