by Sahan Tennekoon in The Daily Morning, Nov 23, 2023
The Tamil National Alliance (TNA) of the Parliamentary Opposition said that the Legislature is yet to appoint a member to the Constitutional Council (CC) representing the ethnic minorities, even though this matter had been raised on many an occasion.
Speaking in Parliament yesterday (22), TNA Parliamentarian, President’s Counsel (PC) M.A. Sumanthiran said that even though they had named TNA MP Dharmalingam Sithadthan for the vacant seat of the CC, Speaker of the Parliament and CC Chairman Mahinda Yapa Abeywardana was yet to make the appointment.
He also said that Sri Lanka Podujana Peramuna (SLPP) breakaway groups who are currently sitting in the Opposition have no right to ask for representation in the CC as they were elected to Parliament from a party which is already represented in the CC. He said that SLPP General Secretary and Government MP attorney Sagara Kariyawasam had sent a letter to the Speaker stating that those breakaway MPs are members of the SLPP and that therefore, they are not eligible to be in the CC. “All 10 members of the CC have not been completely appointed. Per the Constitution, a seat has to be allocated for the ethnic minorities. On that basis, we nominated MP Sithadthan. Even Opposition Leader Sajith Premadasa spoke about this matter in Parliament. But a decision is yet to be made,” he said.
Sumanthiran also said that even though President Ranil Wickremesinghe is speaking about how to resolve the ethnic problem, Parliament is still unable to fill the single vacancy, and hence he questioned how the President can talk about ethnic harmony while keeping Tamils out of the CC.
However, in response to the allegations made by the MP, Minister of Justice, Prison Affairs, and Constitutional Reforms Dr. Wijeyadasa Rajapakshe PC said – quoting articles included in the 21st Amendment to the Constitution – that it is the responsibility of the Speaker to make the said appointment as soon as possible, since considerable time has passed without the vacancy being filled. He said that the Speaker must rectify this issue in his capacity as the Head of the CC.
As per the 21st Amendment that was passed by Parliament, the recommendations of the 10-member CC are necessary to make appointments, including those to independent commissions. The Speaker, the Prime Minister, and the Opposition Leader are appointed to the CC in their official capacity. The other members are the Premier’s representative, the Opposition Leader’s representative, a member from the ruling party, a member from a party which is neither the ruling party nor the main opposition party, and three members of civil society.
https://www.themorning.lk/articles/DsFYhvqxfbZ5I0YOwLHA
