luwie niranjan Profile picture
Aug 4, 2020 11 tweets 4 min read Read on X
A thread on how your votes translate into seats for political parties a #SriLankaElections2020 This is straight out of the Constitution [Article 99(5) - (9) & 99A]
EVERY VOTE COUNTS, even if you can't help a party win in your district, it still counts for the national list [1/10]
Each voter can cast ONE vote for a political party & up to three preferences for candidates nominated by that political party. So REMEMBER your vote counts, so go vote tomorrow bright and early #LKAElections2020 [2/10]
The total seats in Parliament are 225,
Only 29 seats are allocated proportionally (National List),
174 seats are allocated proportionally among those who get more than 5% of votes in each Electoral District
22 seats are First Past the Post [3/10]
There are 22 electoral districts, the party that gets the HIGHEST number of votes in each electoral district automatically gets one seat from that electoral district. This doesn't have to be a majority of votes in district, just need to get the most number of votes [4/10]
How District seats are decided, The votes obtained by any political party that got LESS than 5% of the total votes polled in that electoral district are deducted from the total votes polled in that district, the result is referred to as the “relevant number of votes” [5/10]
"The relevant number of votes" is divided by the number of MPs to be elected from that electoral district minus 1 (See tweet 4) if the result is an integer & a fraction (i.e. 24.6) it is rounded up (i.e. 25). The resulting integer is referred to as the “resulting number” [6/10]
Starting with the Party that received the highest number of votes, the votes received by each political party in that district is then divided by the "resulting number". Each political party wins one seat for each whole number produced by this division [7/10]
After this allocation is done & if there are sill more seats left to distribute among political parties, then the remaining number of votes for each party is compared and the parties with the largest remainders are allocated the remaining seats [8/10]
The 29 National List seats are distributed proportionally among all political parties contesting the election. You take the total votes polled in the country & allocate it based on the total number of votes polled by each political party in the entire country. [9/10]
For the National List seats, there is no cutoff mark of 5%, So even if a political party does not get 5% in the entire country they are still eligible to be considered & sometimes can in fact win a seat. The Sihala Urumaya in 2000 won 1 seat with 1.47% of the vote [10/10]
This is a modified version from part of a paper i co-authored for @welikalaa & @CPASL the full paper "A SYSTEM OF ELECTORAL REPRESENTATION FOR SRI LANKA: THE PRINCIPLES BEHIND THE CHOICE" is available at constitutionalreforms.org/wp-content/upl… #ShamelessPlug [11/ 10+1]

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More from @LuwieNiranjan

Feb 6
A (longish) thread about the Online Safety Act NOT including the amendments mandated by the Supreme Court in its Special Determination. I usually don't talk about cases i have appeared in, but this raises several interesting constitutional law issues #lka (1/17)
I 1st heard of the draft Bill thanks to @aselawaid sharing information about the cabinet decision, which said the Attorney General had given "clearance for the draft Bill"
The Bill was published (gazetted) on 18/9/2023 / (2/17)
documents.gov.lk/files/bill/202…
The Bill was tabled in Parliament & thereafter challenged by a large number of persons & organisations. The Court in its determination found that a number of clauses of the Bill were inconsistent with the constitution (3/17)newswire.lk/2023/11/15/fac…
Read 17 tweets
Aug 3, 2022
So the "New version" of the governments 22nd Amendment has been gazetted. The document is available at documents.gov.lk/files/bill/202… some initial comments & thoughts 1/
There aren't many changes from the previous version of the governments 22nd Amendment. A big problem is with the composition of the Constitutional Council, which has not changed from the last draft.This composition gives the gov control over the CC see 2/
Another big problem is that the President can retain the subject of Defence with him. The President can also assign any other subject and function to himself on the advice of the PM. So the President can exercise ministerial powers 3/
Read 10 tweets
Jun 30, 2022
The government's 22nd Amendment to the Constitution has been gazetted. It is bad. It is far weaker than any of the versions previously proposed by the Minister of Justice (even his own private members bill)
documents.gov.lk/files/bill/202… (1/11)
The Constitutional Council is sham. It gives the government control & is just a continuation of what is there under the 20th amendment. The government will have control of 7 of the 10 members when the President & government are from the same political party / coalition (2/
If the Constitutional Council is controlled by the government, then the "independent commissions" are no longer independent. So it doesn't matter how many new commissions you add. This is NOT what was there in the 19A (3/
Read 11 tweets
Oct 5, 2020
The Prime Minister's defence of the provisions of the 20th amendment sound like cleverly written legal arguments designed to deflect. A quick response to some of these arguments is important considering the coverage this press statement is getting (1/15)
First of all, what he said @sanjanah context is important & the PM's press release lacks that For more context read the statement by The Sri Lanka Audit Inspectors’ Association who are also challenging these provisions of 20A newswire.lk/2020/09/12/sl-… (2/15)
An clear theme of those defending the 20A in Court & outside is to down play the changes it is making. This is what the Attorney General is doing right now, this is the exact same thing the PM has done. If the changes proposed by the 20A are not consequential why do it? (3/15)
Read 15 tweets
Sep 10, 2020
Claim 1 by the "Professor" of law (as reported by @NewsWireLK )
"President will have to report to courts and will not be able to efficiently serve the public"
This is FALSE the President does NOT report to Court. The cases are instituted against the AG who represents Pres. (1)
Claim 2: "The President was made to appear before various commissions and courts prior to his election. If he is to appear before such courts and commissions after being elected as the President, he will not have sufficient time to implement pledges made". This is also FALSE (2)
As the Constitution stands today. The ONLY proceedings in which the President's action can be challenged are before the Supreme Court in a Fundamental Rights application. The President isn't required to be there in person. S/he is represented by the AG. (3)
Read 4 tweets
Sep 8, 2020
The interim order of the Court of Appeal is available at courtofappeal.lk/index.php?opti…
The following passage at pg 9 is interesting (1/4)
"What is prohibited,on the argument of the learned [DSG], is sitting & voting in Parliament, provided this disqualification is held to be operative against this elected representative.This Court is not going to look into the validity or invalidity of his election or any other."2
".. disqualification as what is sought to be challenged on grounds known to administrative law is the letter issued by the Commissioner of Prisons. It has to be pointed out that Articles 89 and 91 do not prohibit the oath taking of an elected Member of Parliament when...." (3/4)
Read 4 tweets

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