report in The Island, Jan 1, 2023
Thursday’s meeting of Speaker Mahinda Yapa Abeywardena, Prime Minister Dinesh Gunawardena, and Opposition Leader Sajith Premadasa to appoint three civil society members for the Constitutional Council ended in a stalemate further delaying the appointments of independent commissions, parliamentary sources said.
Speaker Abeywardena said that the meeting held at the Parliamentary complex ended without reaching any decision.He said that the Constitutional Council cannot function properly until all the members are appointed.
According to the 21st Amendment to the Constitution, the Constitutional Council comprises 10 members and its three civil society members have to be appointed in agreement between the Prime Minister and the Opposition Leader.Thursday meeting, earlier announced to make a final decision, however ended without any agreement reached on the names of three civil society members to the Council, parliament sources said.
They added that two months have lapsed since the passing of the 21st Amendment to the constitution; yet there was no signal with regard to the appointment of independent commissions including the elections commission. It is the prerogative of the 10-member Constitutional Council to appoint members to the independent commissions. “Now the forming of the Constitutional Council is delayed sine die, and that would further delay the appointment of independent commissions,” a senior parliamentary source said.
The 10-member Constitutional Council consists of seven lawmakers and three civil society members. The seven lawmakers are the Speaker, Prime Minister, and the Opposition Leader appointed to the council in their official capacity, an MP as the President’s representative, an MP nominated by the agreement of the majority of MPs of the government ranks, another MP nominated by the agreement of the majority of MPs of the opposition ranks, and an MP nominated by agreement of the MPs other than those representing the government and those belonging to the political party or independent group to which the Leader of the Opposition belongs to.
Already Minister Nimal Siripala De Silva was appointed to the Constitutional Council as the President’s representative, sources said, adding that there appears to be no agreement with regard to the remaining appointments.
SLPP General Secretary Sagara Kariyawasam’s name has been proposed as the MP nominated by agreement of the majority of the MPs representing the government. His appointment has not yet been confirmed while SJB MP Kabir Hashim’s name has been proposed as the MP nominated from the political party or independent group to which the Leader of the Opposition belongs to.
Sources said that there was discord over the appointment of an MP nominated by agreement of the MPs other than those representing the government and those belonging to the political party or independent group to which the Leader of the Opposition belongs to. The TNA has proposed the name of Jaffna District MP Dharmalingam Siddharthan, the newly formed Uttara Lanka Sabhagaya demands that post should be given to MP Udaya Gammanpila.
The delay in appointing members to the Constitutional Council delays the appointment of members to independent commissions; namely Election Commission, National Police Commission, Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, National Procurement Commission, University Grants Commission and Official Languages Commission.https://island.lk/constitutional-council-still-no-finality/
