In appointing a Prime Minister, President cannot exercise his powers arbitrarily – By Sunil de Silva, President’s Counsel It would be useful to examine how and from what source the President derives the power to appoint a Prime Minister. Unlike a monarch or dictator, the President derives his authority solely on account of the ultimate sovereign, the People of Sri Lanka, having chosen by exercise of their vote to elect and duly authorise the President to exercise the powers designated by them, and on their behalf. The people do not say ‘do whatever you have to do, for as long as you like’, they stipulate, by the Constitution, what power the elected person may exercise and for what period he or she enjoys that trust. Regarding the power to appoint a Prime Minister, the President may genuinely be of the view that a corporate businessman who has taken over a crumbling ...

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