The Constitutional Council (CC), a key body established under the 21st Amendment to the Constitution, faces an imminent shake-up as the terms of its three civil society members expire on 18 January. Despite the looming deadline, Parliament has yet to call for applications to fill these vacancies, raising concerns about transparency and governance.
Composition and Role of the CC
The CC, introduced on 31 October 2022, is a 10-member body tasked with ensuring independent appointments to high offices. It is chaired by Speaker Dr. Jagath Wickramaratne and includes Prime Minister Dr. Harini Amarasuriya, Leader of the Opposition Sajith Premadasa, and members Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, and Sivagnanam Shritharan. The three civil society representatives completing their terms are Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundere, and Dr. Dinesha Samararatne.
Under Article 41E of the Constitution, the CC must meet at least twice a month, with the Speaker presiding. In the Speaker’s absence, the Prime Minister or the Leader of the Opposition chairs the meeting.
Concerns Over Delay
The Bar Association of Sri Lanka (BASL) and Transparency International Sri Lanka have voiced strong concerns over the delay in initiating the appointment process.
In a recent statement, BASL warned:
“We are deeply concerned about any attempt to fill these vacancies with individuals who will merely rubber-stamp decisions. The integrity of the Constitutional Council is vital for maintaining checks and balances in governance.”
Transparency International echoed similar sentiments, stating:
“The failure to call for applications in a timely manner undermines public confidence in the independence of the Constitutional Council. Transparency and accountability must be prioritised in these appointments.”
Both organisations have also urged President Dissanayake to nominate a suitable candidate for the post of Attorney General, emphasising the need for merit-based selections.
Possible Continuity
An authoritative official has clarified that if new appointments are delayed, current members may continue temporarily. However, the absence of a formal call for applications has sparked criticism, with observers questioning whether the delay signals political manoeuvring.
Implications
The CC plays a pivotal role in safeguarding democratic governance by overseeing appointments to independent commissions and high offices. Any disruption or perceived politicisation of its composition could undermine public confidence in constitutional processes.
( with inputs from The Island)