Speaker refutes criticism on Constitutional Council

• Says CC has followed regulations carried out duties impartially, maintaining transparency, independence 
• Constitutional Council followed strict procedures in decision-making process to appoint persons to high-profile vacancies under its purview

By Ashwin Hemmathagama – Our Lobby Correspondent

Constitutional Council Chairman Speaker Karu Jayasuriya, rejecting the criticisms aimed at the Constitutional Council, told Parliament yesterday that “the Commission has followed regulations maintaining transparency, independent and non-partial.”

According to the Speaker, all members of the Commission are given an opportunity to present their opinion, without any influencing, before reaching a final decision. “Members of the Council have expressed their opinion with regards to the nominations received from the President for certain vacancies now in discussion. Certain lawmakers have criticised personal matters, which are non-related to the profession of senior Judges. Such criticism is unwarranted,” he said“When appointing Judges to higher Courts, the parameters, nominee’s seniority, recommendation of the Chief Justice, as well as the recognition in the Judiciary is also taken into consideration. The association of the High Court Judges commended this process. So, we assure that all matters pertaining to the selections made through the Constitutional Council will take place with utmost transparency and in an independent manner. The Constitutional Council presents its fullest respect and trust on Sri Lanka’s Judiciary,” he added. The Speaker, taking the initiative to eliminate any wrong impressions which could be established by Members of Parliament making various statements within and without Parliament on the Constitutional Council, said: “Even though I have made an announcement in this House, I will provide another clarification in response to the request the members of the Constitutional Council have raised.”

The Constitutional Council was first established in 2000 under the 17th Amendment to the Constitution. In 2010, President Mahinda Rajapaksa established the Parliamentary Council, under the 18th Amendment, to replace the Constitutional Council.

After Maithripala Sirisena was elected President, Prime Minister Ranil Wickremesinghe presented new reforms to reinstate a new Constitutional Council in 2015, under the 19th Amendment to the Constitution. The independent Commissions were established under the Constitutional Council, fulfilling one of the major promises of the United National Party-led Opposition candidate Maithripala Sirisena during the 2015 Presidential Election.

“In agreement with all its members present at that time of establishing the Constitutional Council in 2015, we were able to agree to follow the standards introduced in the 17th Amendment to the Constitution in presenting the nominations for appointing members to independent Commissions, as per Article 41 (b) of the Constitution, and in approving the nominations received as per the provisions of Article 41 (c),” said the Speaker.

Reminding the House of the efforts taken to make changes to the procedures followed at the Constitutional Council, the Speaker said: “However, these parameters can be amended if necessary. In doing so, as per the opinion of the Constitutional Council, to obtain proposals from the Party Leaders present in the Parliament, and the members of the Parliamentary Select Committee were informed on 25 February 2016 and 2 March 2016 respectively. No single submission was received to date. I have tabled a report on 8 December 2016 providing details of the procedure followed by the Constitutional Council.”

Members of the current Constitutional Council were appointed in October 2018, and their maiden task was to select a suitable Judge as Chief Justice, a position which would be vacant from 12 October 2018, with the 45th Chief Justice of Sri Lanka Justice Priyasath Dep reaching retirement age.

The former Sri Lankan diplomat Dr. Jayantha Dhanapala, Attorney-at-Law Ahmad Javid Yusuf, and University of Colombo Faculty of Law Member Naganathan Selvakkumaran are the new members appointed to the Constitutional Council, representing civil society, while Justice Minister Thalatha Atukorale was nominated as per an agreement between the Prime Minister and the Opposition Leader. The 10-member Constitution Council is the apex decision-making body that recommends the appointments to the independent Commissions and high-ranking positions, such as the Attorney General, Auditor General, Parliament Secretary General, IGP, Chief Justice and Superior Court Judges, etc. (AH)