
The Attorney General's Department has informed a parliamentary committee that Parliament must enact new laws to remove the existing legal impediments to holding the Provincial Council election. The Attorney General's Department has also proposed four alternative courses of action that can be followed to resolve the current legal crisis and hold the election.
Minister Vijitha Herath, Chairman of the Parliamentary Special Committee appointed to investigate and report on the electoral system for Provincial Council elections, stated that since the current legal situation has become clear, a final decision on the most suitable option to present to Parliament will be made in the future. He also mentioned that the committee must decide on the electoral system and how to include women's and youth representation in the relevant legal framework, after which arrangements can be made to hold the election without delay.
As pointed out by the Attorney General to the Parliamentary Special Committee, this legal crisis has arisen because the Delimitation Review Committee failed to submit its report within the stipulated time under Section 3A(14) of the Provincial Councils Elections Act. Due to the non-completion of the procedure under Section 3A, the amendment made in 2017 is currently in a state where it cannot be fully implemented, and the legal powers of that review committee have also expired. Therefore, the Attorney General's Department emphasizes that the existing problem cannot be resolved merely through administrative action or a simple interpretation of the law, and the only legal solution is the enactment of new laws through Parliament.
The Parliamentary Special Committee's attention has been drawn to four alternatives proposed by the Attorney General's Department to overcome these legal impediments. Accordingly, the first option is to repeal the Provincial Councils Elections (Amendment) Act No. 17 of 2017 and revert to the previous electoral system under the 1988 Act. The second option is to make arrangements for the previously existing election law to be re-enacted in the future, even if the 2017 amendment remains. The third option is to completely repeal the 2017 amendment and introduce a new electoral system, including provisions for women's and youth representation if necessary. Furthermore, the fourth option proposed is to amend the existing law by validating the steps already taken under Section 3A and restarting the delimitation process from the next stage.
The Attorney General has pointed out that if the 2017 amendment is completely repealed, there is a risk of losing the provisions introduced by it to increase women's representation. Therefore, a new law can secure or reintroduce women's representation, and if Parliament decides, youth representation can also be included. Furthermore, the Attorney General has stated that women's and youth representation cannot be included merely by a parliamentary resolution, and a formal bill or amendment must be passed by Parliament for this purpose.
Minister Vijitha Herath stated that the term of this special committee investigating the Provincial Council election ended on June 3rd, and they expect to extend its term at the next meeting on June 10th to complete its work. The Minister rejected reports claiming a lack of funds for holding the election, confirming that sufficient funds have been allocated for the election through the 2026 budget.