report in The Sunday Times, Nov 26, 2023
—President claims it comes under the executive branch but opposition say, it is part of the legislature —*Sumanthiran says his party has right to appoint member to CC and questions President’s commitment to solve the Tamil national issue
President Ranil Wickremesinghe has triggered a political debate with his declaration in Parliament that the “Constitutional Council is part of the executive” and not the legislature as widely believed.
The statement, for the first time, came when he spoke on Thursday about the delay in the filling of vacancies at the Supreme Court and at the Court of Appeal. He revealed that Chief Justice Jayantha Jayasuriya had proposed the appointment of Justice Nissanka Bandula Karunaratne to the Supreme Court. He is now the President of the Court of Appeal. He also said that the Appellate Commission had proposed that Justice Sobitha Rajakaruna, currently a member of the Court of Appeal, be its president.
He disclosed that Speaker Mahinda Yapa Abeywardena had informed him in writing that the Constitutional Council was unable to decide with three members in favour and three others opposed. The discussion, the Sunday Times learned, was held last Monday during a lengthy session. Two remaining members had abstained. Noting that by whatever name the Constitutional Council is called, be it Parliamentary Council or simply CC, President Wickremesinghe asserted that it is also part of the executive.
The stalemate over the appointments by the CC came almost in the wake of it rejecting the nomination of an Inspector General of Police. Resultantly the present incumbent Chandana Wickremeratne, who has passed the retirement age, is having his term of office extended every three weeks by President Wickremesinghe. “The IGP is not there. The judges are not there,” the President lamented. He charged that there were moves to sabotage his efforts. He was prompted to announce the appointment of a Parliamentary Select Committee (SC) “to determine future procedures” since the current situation has created a backlog in courts.
He noted, “We introduced the Anti-Corruption Commission Act, and I’ve been awaiting the names of the Commissioners for three months now. Despite our discussions on combating corruption, the appointment of the Commission members is delayed due to concerns raised by a few individuals. We sought the advice of the Attorney General, emphasising that even if there is a minor issue, they should send the names for appointments. I am willing to face any legal challenges, and if we were truly committed to eradicating corruption, we could have proceeded with these appointments. The delay in this process hampers the effective functioning of the legislative assembly.”……
https://www.sundaytimes.lk/231126/columns/political-crisis-brews-over-constitutional-councils-legal-position-539529.html
