“There is absolutely no point in the Leader of the Opposition appealing to the President to appoint the Constitutional Council, or for that matter any of the other party leaders or members of parliament shouting about the President not appointing the Council. Their responsibilities have been clearly spelt out in the Constitution and it is only they who can take action on this matter.”______________________________
by Darrell Perera
(April 11, Colombo, Sri Lanka Guardian) The President has failed to appoint the Constitutional Council as per the 17th Amendment to the Constitution despite so many persons and bodies, both religious, professional pleading with him to do so.
The President continuing to carry on business without nominating his representative and also not appointing another nominee as per Article 41A (d) of the Constitution, after having received a written communication from the Speaker, makes him liable for removal from office as provided in Article 38 (2) (a) (i).
Article 2 (a) states "Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of — (i) intentional violation of the Constitution."
Article 41 A, clearly identifies the composition of the Constitutional Council as per sub-paragraphs (a), (b), (c), (d), (e) and (f). As per Article A paragraph (5) ‘The President shall upon receipt of a written communication of the nominations under sub-paragraphs (e) or (f) of this Article, forthwith make the respective appointments.’
Article 41 B (1) states ‘No person shall be appointed by the President as the chairman or a member of any of the commissions specified in the Schedule to this Article, except on a recommendation of the council.’
Article 41B.(4) states ‘No person appointed under paragraph (1) of this Article or a person appointed to act as the chairman or a member of any such commission, shall be removed except as provided for in the Constitution or in any law, and where no such provision is made, such person shall be removed by the President only with the prior approval of the Council.’ The Commissions referred to are:
(a) Elections Commission
(b) Public Service Commission
(c) National Police Commission
(d) Human Rights Commission of Sri Lanka
(e) Permanent Commission to Investigate Allegations of Bribery or Corruption
(f) Finance Commission
(g) Delimitation Commission.
Article 41C (1) states ‘No person shall be appointed by the President to any of the offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.’
There is absolutely no point in the Leader of the Opposition appealing to the President to appoint the Constitutional Council, or for that matter any of the other party leaders or members of parliament shouting about the President not appointing the Council. Their responsibilities have been clearly spelt out in the Constitution and it is only they who can take action on this matter. It is hoped that all right thinking parliamentarians will take the necessary corrective action.
- Sri Lanka Guardian
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