Paper on Doctrine of Necessity

Jayampathy Wickramaratne has published a paper entitled “Doctrine of Necessity: Stumbling Against the Same Stone in Pakistan - A Mistake Not to be Emulated in Sri Lanka”.

The issue of the use of the doctrine of necessity has arisen in the context of the postponement of Parliamentary Elections in Sri Lanka due to the Covid-19 pandemic. As a result of the postponement, Parliament will not meet for more than 3 months, the constitutionally permissible minimum period. The President arrogantly refuses the re-summoning of the dissolved Parliament, which is permissible under the Constitution. Parliament thus summoned can continue until the new Parliament meets. Pro-government lawyers have contended that governance can go on without Parliament on the basis of 'necessity' and have been citing the use of the doctrine in Pakistan.  In Pakistan, the doctrine was used to validate coup after coup and the Supreme Court has now 'buried' the doctrine.

© International Association of Centers for Federal Studies
Privacy Policy | Terms & Conditions