The Bar Association of Sri Lanka (BASL), in a media statement yesterday, highlighted the importance of making the Constitutional Council, which is to be appointed under the 21st Amendment to the Constitution, 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.
The BASL called upon the President, Prime Minister, the Speaker, the Opposition Leader, and all political Parties represented in Parliament, to ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence.
The statement, by BASL President Saliya Pieris, PC, and Secretary Isuru Balapatabendi, requested the political authorities to be transparent and open when it comes to the appointment of the non ex-officio members of the Constitutional Council, and to ensure that those appointed will be acceptable to the public and be persons of the highest integrity and reputation.
Commenting on the reconstitution of independent commissions, 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 members 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 accountability and transparency in their work.
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-Corruption law, and will have an adverse impact on the Rule of Law in Sri Lanka,” the BASL stressed.
The BASL, however, observed that the 21st Amendment does not completely restore the status quo ante which prevailed prior to the 20th Amendment and does not place adequate checks and balances on the powers of the Executive President.
by Daily News Sri Lanka
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