Ensure integrity of nominations to Constitutional Council: Sri Lanka Bar Association

ECONOMYNEXT – The Bar Association of Sri Lanka (BASL) has called on all parties concerned to ensure the integrity of nominations to the Constitutional Council under Sri Lanka’s recently enacted 21st amendment to the constitution.

Citing weak checks and balances on the powers of the executive president, t he BASL on Thursday October 27 called on the president, prime minister, the speaker of parliament, the opposition leader and all political parties represented in parliament to ensure that nominations to Constitutional Council are devoid of partisanship and are made in a way that will inspire public confidence.

It is important that non – ex – officio members of the Constitutional Council are app ointed from among MPs and non-MPs in an open and transparent manner, the BASL said, adding that t hose appointed must be acceptable to the public and be persons of the highest integrity and re putation.

“After the Constitutional Council is established, it should thereafter adopt a transparent, open, and inclusive process by which it nominates chairpersons and members of independent commissions and other institutions established by the constitution and other laws,” the association said in its statement.

Upon the enactment of the 21st amendment, the chairpersons and members of independent commissions will cease to hold office upon these commissions being reconstituted. In doing so, the BASL said, it is imperative that those appointed to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission be persons who have not only the requisite qualifications and abilities but also be those whose appointments receive wide acceptance.

“It is equally important to ensure that the enactment of the 21st amendment must not be used as an excuse or mechanism to discontinue chairpersons and m embers of commissions whose services helped establish public faith in such Institutions.

“It is also vital for the government to make provisions for the commissions to have financial independence and that these commissions adopt procedures that promote ac countability and transparency in their work,” the association said.

Any failure of the 21st amendment to address the issue of creating strong independent institutions in Sri Lanka will also have a bearing on future law reform initiatives, such as the proposed composite anti -c orru ption law , and will have an adverse impact on the rule of law in Sri Lanka, the BASL said.

The association also noted that though the 21st amendment was necessary, it “regrettably does not completely restore the status quo ante which prevailed prior to the 20th amendment to the constitution and does not place adequate checks and balances on the powers of the executive president”.

“Nevertheless, now that the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder and the Independent Commissions which will be reconstituted thereafter, be independent, impartial and be institutions which will help restore confidence in Sri Lanka and its institutions,” it said. (Colombo/Oct27/2022)