President of Sri Lanka

Eligibility

The Constitution sets the following qualifications for holding the presidency:

• If he/she is a citizen having been nominated as a candidate for such office by a recognized political party or elected member of the legislature.
• No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.

Election

The President is elected to office in a presidential election held nationwide for a term of maximum of five years. An elected president can serve a maximum of two terms, with each term taking effect from the date of taking a public oath of the office for the elected term.

Succession or vacancy

Succession to or vacancies in the office of President may arise under several possible circumstances: death or incapacity, resignation and removal from office. In the case when the President is unable to perform his/her duties, his/her powers are temporarily transferred to the Prime Minister until confirmed by Parliament.

Duties

Duties of the president as described in the constitution are;

• Ensure that the Constitution is respected and upheld;
• Promote national reconciliation and integration;
• Ensure and facilitate the proper functioning of the Constitutional Council and other institutions;
• On the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda.

Constitutional powers

Presidents have little constraints on their power. The President shall be responsible to Parliament, and can be impeached by a two-thirds majority in Parliament. The President may declare war and peace. He can place the country or any part under a state of emergency, under which they can override any law passed and promulgate any regulation without needing legislative approval. However, to prolong the state of emergency for more than a month parliamentary approval is needed.

Parliamentary powers

The President has the right to attend Parliament once in every three months with all the privileges, immunities and powers of a Member of Parliament, other than the entitlement to vote, and shall not be liable for any breach of the privileges of Parliament or of its members. He/she has the right to address or send messages to Parliament. He/she has the power to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament (Speech from the Throne), to preside at ceremonial sittings of Parliament, to summon, prorogue and dissolve Parliament.

Administrative powers

The President is the head of the executive, as such to keep the Public Seal of the Republic, and make and execute under the public seal numerous appointments which includes the prime minister, cabinet and non-cabinet ministers, provincial governors, public officers, ambassadors and commissioned officers of the armed forces. The President may also appoint secretaries, officers and staff to carryout the duties of the office of the president. Grants and dispositions of lands and other immovable property vested in the Republic.

Juridical powers

The President would have the power to appoint and remove, the Chief Justice, Justices of the Supreme Court, Justices of the Court of Appeal and Judges of the High Court. The President may grant a pardon, respite or substitute a less severe form of punishment for any punishment imposed to any offender convicted of any offence in any court within the Republic of Sri Lanka. The President has immunity from both civil or criminal proceedings. The President has the power to commission public inquires by appointing a Presidential Commission of Inquiry to investigate any issue.

Diplomatic powers

The President would have the power to receive and recognize, and to appoint and accredit Ambassadors, High Commissioners, Plenipotentiaries and other diplomatic agents.

Ceremonial duties

The President as an important ceremonial role in terms of state ceremonies, functions and in awarding state awards. Most notable would be the traditional throne speech delivered by the President to the parliament outlining the official policy statement of the new government to the parliament.^[5] The President would lead the independence day celebrations as well as other national ceremonies such as remembrance day, Wap Magul (ceremonial ploughing) and receive the perahera sandeshaya. National honors would be awarded by the President on behalf the Government of Sri Lanka. The President would receive letter of credence from foreign ambassadors.

Honorary appointments

The President has the power to appoint senior attorneys-at-laws to the position of President's Counsel. The President may appoint officers from the armed forces to serve as his aide-de-camp as well as extra-aide-de-camp. Additionally, President may appoint medical officers of the armed forces as Honorary Physician to the President and Honorary Surgeon to the President.^[6]

Salary

The president would receive a monthly salary (as of 2016) of LKR 97,500 (≈ $ 636.7) paid from the consolidated fund.^[7] It was increased from LKR 25,000 (≈ $ 163.25) to LKR 97,500 in 2006.

Tax benefits

By tradition the President and past Presidents are not subjected to income tax. This practice dates back from pre-republic era when the [was not subject to tax]. In 2018, this practice was changed with the Inland Revenue Bill which removed the tax exception given to the President.^[8]

Legal immunity

The President has immunity from both civil or criminal proceedings, during the tenor of office and acts carried out during this period.

Residence

The official residence of the president in Colombo is the President's House (formerly the Queen's House as the residences of the Governor-General). The government pays for meals and staff. Other presidential residences include:

• the President's Pavilion, is the president's second official residence in Kandy;
• the Queen's Cottage is the official presidential vacationing residence in the holiday-town of Nuwara Eliya.

In recent years from time to time Prime Minister's House, commonly referred to as Temple Trees, which has been the traditional residence of the Prime Minister since 1948, has been used by some presidents such as Kumaratunga and Rajapaksa. While other presidents such as Jayewardene and Sirisena have refuse to use the Presidents House, with the former preferring to stay at his personal residence Braemar and the later at his former ministerial residence at Wijayarama Mawatha.

Travel

For ground travel, the president uses the presidential state car, which is an armored black Mercedes-Benz S-Class (S600) Pullman Guard. For domestic air travel, helicopters from the No. 4 (VVIP/VIP) Helicopter Squadron of the Sri Lanka Air Force are used while for long distance travel, regular flights of the Sri Lankan Airlines are used. During ceremonial occasions, ships and boats of the Sri Lanka Navy have been commissioned as the Presidential yacht.

Security

President's Security Division (PSD) is the main unit of the charged with the close protection of the President of Sri Lanka. During President Mahinda Rajapakse's time in office the specialized Army unit the 'President's Guard' was formed for Presidential Security. Prior to the formation of the President's Guard, army personnel served as a squadron under the President's Security Division since 1996 and focused on key tasks including the perimeter security of presidential residence, Temple Trees. 5th Regiment Sri Lanka Armoured Corps was the first army unit chosen to be in the dedicated security of the president of Sri Lanka during the presidency of Chandrika Bandaranaike Kumaratunga. However, in April 2015, President Maithripala Sirisena dissolved the President's Guard.^[9] Currently the President's security is provided by the elite Special Task Force (STF) of the Sri Lanka Police.

The President's Fund

The President is the chair the Board of Governors of the President's Fund which was established under the President’s Fund Act No. 7 of 1978 to provide funds for relief of poverty, access to special healthcare, advancement of education or knowledge, advancement of the religion and culture, providing awards to persons who have served the nation and for any other purposes beneficial or of interest to the public. It is administrated by the Presidential Secretariat.^[10]