COLOMBO: The Sri Lankan Supreme Court has declared that President Mahinda Rajapaksa can bid for a third term under the 18th amendment of the constitution.

The apex court’s determination was conveyed to the president late on Monday night, but its contents were revealed to the public only on Tuesday by the Leader of the House and Irrigation Minister Nimal Sripala de Silva.

The court’s determination came after Rajapaksa’s decision to go for a third term was publicly questioned by former chief justice Sarath Silva, on the grounds that he was elected president for the second term before the enactment of the 18th amendment.

The situation before the enactment of the 18th amendment on September 9, 2010 was that an incumbent president could not serve more than two terms. But Rajapaksa’s contention was that he had taken his oath as president on November 19, 2010 and that his second term of office began only on the day he took his oath. And the 18th amendment had been enacted prior to that.

Therefore, he had begun his term under the amended constitution when the 18th amendment was in place. The opposition United National Party (UNP) and the Janatha Vimukthi

Peramuna (JVP) vehemently condemned the 18th amendment which allowed an incumbent president to contest any number of times. They also endorsed retired chief justice Silva’s arguments against Rajapaksa’s bid for a third term.

Published in Dawn, November 12th, 2014