Emergency was in force only in some areas at the beginning, but extended gradually to cover the whole island. Declaration of Emergency must be approved by Parliament within 14 days and extension of Emergency requires parliamentary clearance every month. The laws also enable the President to promulgate Emergency regulations, including the power to make regulations having the legal effect of overriding, amending or suspending any law, except the provisions of the constitution. Although, it is within the competence of Parliament to add to, repeal or amend any regulation, this power is not exercised. The validity of Emergency regulations can be challenged, but neither the President s decision to declare a state of Emergency nor its continuation can be called into question before the courts.
Emergency powers are regularly misused.
CIJL notes that Emergency regulations are sometimes very wide in scope and enter into fields with no connection with the Emergency. In August 1998, the government attempted to postpone elections for five Provincial Councils under Emergency regulations. The Supreme Court ruled that government action was illegal and breached constitutional provisions on the freedom of expression. The regulations were introduced following the LTTE capture of Elephant Pass military base in the northern Jaffna peninsula. Ministers claim that the government measure is to protect Tamils living outside the north-east war zone from an ethnic backlash.