The President, as the Head of the Executive, is duty-bound to make certain appointments to high offices, including the Inspector General of Police (IGP), according to the procedure stipulated by the Constitution and in line with the President’s constitutional duty to exercise powers pertaining to national defence, and therefore, the President must perform his constitutional duties without any impediment or interference.

Issuing a press release on the ‘Performance of the constitutional duties of the President and the Constitutional Council (CC)’, the President’s Media Division, noted that any restraint placed on the President in the performance of his constitutional duty would be in contravention of the Constitution.

“The President, under Article 4(b) of the Constitution, is the organ of the Government through which the Executive power of the people, including the defence of Sri Lanka, is exercised. Under Article 41C, the appointment of the IGP is carried out subsequent to a recommendation made by the President to the CC, and on the approval of such recommendation by the CC. 

“If the President exercises his powers contrary to the Constitution, the remedies available have been provided for in the Constitution itself. The CC, which is chaired by the Speaker of Parliament and established under the Constitution, has been empowered to assist the President in the making of certain decisions and is part of the Executive. 

“The CC is duty-bound to perform its functions in terms of the Constitution. Requiring the CC to refrain from performing its functions pertaining to the appointment of the IGP under Article 41C would be in violation of the Constitution. If the CC exercises the power conferred on it in violation of the Constitution, remedies have been provided for in the Constitution itself. 

“The Speaker is the head of Parliament and under Article 4C, Parliament exercises the judicial power of the people through the courts. Parliament is therefore responsible only to the people. The President will refer these matters to Parliament for further elucidation,” the statement noted.