The Bar Association of Sri Lanka (BASL) has called on the country’s political leadership to ensure that suitably qualified and widely accepted individuals are appointed as Civil Society representatives to the Constitutional Council, ahead of the expiry of the current members’ tenure in January 2026.
In a letter addressed collectively to the President, Prime Minister, Speaker of Parliament and the Leader of the Opposition, the BASL highlighted the imminent conclusion of the terms of three Civil Society members presently serving on the Constitutional Council. The incumbents — Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Prof. (Mrs.) Dinesha Samaratne — were commended for the service they have rendered during their tenure.
Emphasising the central role of the Constitutional Council, the BASL noted that the body, established under Article 41A of the Constitution, is pivotal to safeguarding the independence of the Commissions of the Republic and ensuring the integrity of appointments to high public offices. Under the Constitution, appointments to Independent Commissions, as well as to key positions such as the Chief Justice, judges of the Supreme Court and Court of Appeal, and the Attorney General, require the recommendation or approval of the Constitutional Council.
The Association recalled that under Article 41A(3)(e), three members of the Constitutional Council are to be nominated by the Speaker of Parliament with the agreement of the Prime Minister and the Leader of the Opposition, and thereafter appointed by the President.
Tracing the evolution of the Council, the BASL observed that it was first introduced through the 17th Amendment to the Constitution in 2001 to depoliticise appointments and establish independent commissions. While its powers and structure were altered under subsequent constitutional amendments, the present Constitutional Council was re-established by the 21st Amendment, with broader cross-party representation aimed at enhancing consensus and accountability.
Against this backdrop, the BASL urged that the next set of Civil Society representatives be persons of exemplary integrity, who command wide acceptance within society and are capable of contributing meaningfully to the Council’s deliberations. The Association also called for the appointment process to include observations from civil society and professional organisations, including the BASL, recognising their role as stakeholders in the country’s governance framework.
The letter, signed by BASL President Rajeev Amarasuriya and Secretary Chathura A. Galhena, expressed confidence that due consideration would be given to these concerns in the interest of strengthening democratic governance and preserving the continued independence of the Constitutional Council.
The letter in full:
BAR ASSOCIATION OF SRI LANKA
(Estd. 1974)
22nd December 2025
-
His Excellency Anura Kumara Dissanayake
President of the Democratic Socialist Republic of Sri Lanka,
Presidential Secretariat,
Colombo 01. -
Hon. (Dr.) Harini Amarasuriya
Prime Minister,
No. 58, Sir Ernest De Silva Mawatha,
Colombo 07. -
Hon. (Dr.) Jagath Wickramaratne
Speaker of the Parliament,
Parliament of Sri Lanka,
Sri Jayawardenepura Kotte. -
Hon. Sajith Premadasa
Leader of the Opposition,
Office of the Leader of the Opposition,
Sri Jayewardenepura-Kotte.
RE: APPOINTMENT OF CIVIL SOCIETY REPRESENTATIVES TO THE CONSTITUTIONAL COUNCIL
The Bar Association of Sri Lanka (BASL) wishes to draw your collective attention to the forthcoming expiry of the tenure of the three Civil Society representatives presently serving on the Constitutional Council in January 2026.
The Constitutional Council, established under Article 41A(1) of the Constitution, plays a pivotal role in ensuring the independent functioning of the Commissions of the Republic and in relation to appointments to High Offices. Under Article 41B(1), no person may be appointed as Chairperson or member of the Independent Commissions listed in the Schedule to that Article without the recommendation of the Constitutional Council. Moreover, appointments to High Offices—including the Chief Justice and Judges of the Supreme Court, the President and members of the Court of Appeal, and the Attorney General—contained in the Schedule to Article 41C, cannot be made without the approval of the Constitutional Council. The Council therefore occupies a central place in safeguarding the independence of institutions and the integrity of appointments to the highest offices of the State.
In terms of Article 41A(3)(e), three members of the Constitutional Council are to be nominated by the Speaker of Parliament with the agreement of the Prime Minister and the Leader of the Opposition, and thereafter appointed by the President.
At present, Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere, and Prof. (Mrs.) Dinesha Samaratne serve as Civil Society representatives. They have rendered commendable service during their tenure, which is now drawing to a close.
It is important to recall that the Constitutional Council was first introduced in 2001 by the 17th Amendment to the Constitution, thereby establishing independent commissions and depoliticizing appointments. Subsequently, under the 18th, 19th, and 20th Amendments, the powers and form of the Council were altered. The present Constitutional Council was re-established by the 21st Amendment to the Constitution, changing its composition to include broader cross-party representation, with the aim of achieving greater consensus and accountability.
The BASL, being deeply concerned with the rule of law, the independence of Commissions, and the integrity of appointments to High Offices, respectfully requests that the new Civil Society representatives to the Constitutional Council be persons of exemplary integrity. In addition, such representatives must be individuals who enjoy wide acceptance in society and who are dynamic and vibrant, capable of contributing meaningfully to the Council’s deliberations. We further urge that these appointments be made after obtaining observations from Civil Society and from Professional Organizations including the BASL, as stakeholders in the governance framework of the Republic.
We trust that due consideration will be given to these concerns in the interest of strengthening democratic governance and ensuring the continued independence of the Constitutional Council.
Yours faithfully,
(Signed)
Rajeev Amarasuriya
President
Bar Association of Sri Lanka
(Signed)
Chathura A. Galhena
Secretary
Bar Association of Sri Lanka