šØ Presidential Emergency Powers in Sri Lanka: A Legal Showdown š±š°
⢠A recent appraisal delves into the Sri Lankan Supreme Court's landmark 2022 ruling on the Acting President's proclamation of emergency (July 17, 2022) during a period of intense economic crisis and civil unrest. ⢠The emergency was declared amidst severe fuel/food shortages, widespread protests, mob violence (including a MP's murder, torching of official residences), and attempts to disrupt Parliament's election of a new President. ⢠In Ambika Satkunanathan v. Attorney General, a divided Supreme Court majority ruled the Acting President violated fundamental rights by declaring a nationwide emergency without adequately considering less drastic measures provided by the Public Security Ordinance (Part III). ⢠The dissenting judges argued that once objective conditions for an emergency are established, the President isn't mandated to consider alternative, lesser options. ⢠The article critically views the majority decision, stating it's "demonstrably at variance with established authority" and risks "judicial overreach" by substituting judicial judgment for executive discretion. ⢠It highlights global precedents showing judicial restraint in reviewing emergency powers, recognizing the Executive's unique role, expertise, and need for swift, decisive action to maintain public order and confidence during national crises.