Notably, Sri Lanka, which first declared an Emergency in 1958, has seen several Emergency rules between 1983 and 2009 as it fought the Liberation Tigers of Tamil Eelam (LTTE).
New Delhi: Amid the worst-ever economic downturn in Sri Lanka, President Gotabaya Rajapaksa Friday declared a public Emergency in the island nation. Through a gazette notification, Rajapaksa said he is of the “opinion that by reason of public emergency in the country, it is expedient, so to do, in the interest of public security, the protection of public order and the maintenance of supplies and services essential to the life of the community”.
The above opinion of the President comes under the Public Security Ordinance (PSO) of 1947 in which, he/she can impose in any part or all parts of the country an Emergency.
As per the Article 155(2) under Chapter XVIII (Public Security) of Sri Lanka’s 1978 Constitution, “The power to make Emergency Regulations under the Public Security Ordinance…shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution.”
In general language, it is said that only the president of Sri Lanka can announce an Emergency in the country and the announcement cannot be challenged in the court of law or cannot be considered for judicial review. The President, however, will have to call a session of Parliament immediately to inform the decision and approval of Parliament is must within 14 days, failing which, the proclamation will expire at the end of one month.
Article 155(2) under Chapter XVIII (Public Security) of Sri Lanka’s 1978 Constitution says that “the power to make Emergency Regulations under the Public Security Ordinance…shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution.”
The Emergency Regulations are extraordinary because they are made by the President — and not the legislature — and because they supersede existing laws. (Parliament can, however, revoke or change an Emergency Regulation, and courts can strike down a specific Emergency Regulation that violates the Constitution.). The Sri Lankan Constitution also permits restrictions on fundamental rights through the Emergency Regulations.
RESTRICTIONS DURING EMERGENCY
Under the PSO, Emergency Regulations allow for detentions of individuals; entering, searching, and takeovers of private property; and for “amending any law, for suspending the operation of any law and for applying any law with or without modification”. The Ordinance also grants “Special Powers” to the President to “call out all or any of the members of all or any of the armed forces for the maintenance of public order”, and to put restrictions on people’s movement.
Notably, Sri Lanka, which first declared an Emergency in 1958, has seen several Emergency rules between 1983 and 2009 as it fought the Liberation Tigers of Tamil Eelam (LTTE). A 13-day state of Emergency was declared in March 2018 to control the deadly Buddhist-Muslim clashes, especially in the Kandy area. In April 2019, Sri Lanka had invoked Emergency powers in the aftermath of the devastating bomb attacks on hotels and churches, blamed on militants with foreign links, which killed 290 people and wounded nearly 500.
