- The Sudar Oli Editorial
(August 02, Colombo, Sri Lanka Guardian) The Supreme Court has granted leave to proceed and fixed for hearing the fundamental rights application seeking direction on no less a person than President Rajapakse to establish the Constitutional Council.
According to the Constitution of Sri Lanka, the incumbent of the post of president is not liable to be sued in Courts except for omissions or commissions in respect of portfolios he or she holds.
However, SC yesterday, granted leave to proceed and fixed for hearing a petition seeking a direction on the President and thereby made a unique determination. In this petition, it is stated that a president has failed to establish a constitutional council as required by the 17th amendment of the constitution.
During the course of the hearing, Chief Justice Sarath N.Silva is reported to have declared that 'no one is above the law' and that every person must obey the law.
Constitution is the supreme law of the country and the President is recognized as the first citizen of the country enjoying executive powers through the provisions of the constitution. But according to the constitution, Courts can hear cases against the president only in respect of election petition.
The present decision of the SC is unique for the fact that the SC has granted leave to proceed with two fundamental rights applications citing President as the first respondent.
If the observation made by the Chief Justice Sarath N.Silva is implemented to the letter of the law and in the right sprit, it can put an end to the atrocities and injustices committed in this country.
According to the 17th amendment to constitution, the Constitutional Council must be established and it is the Constitutional Council that can appoint an independent Police Commi8ssion, an independent Judicial Service Commission and an independent Public Service Commission.
It is these commissions that will over see the conduct of the Commissioner of Elections, Inspector General of Police, Secretary General of Parliament, judges etc and thereby ensure good governance in the country. This amendment was enacted to arrest any interference by the government or the executive.
Petitioners state that the constitutional council which is a corner stone for good governance has not been appointed and thereby their fundamental rights are violated.
(An English translation of the Editorial in The Sudar Oli, a Tamil daily, based in Colombo)
- Sri Lanka Guardian
(August 02, Colombo, Sri Lanka Guardian) The Supreme Court has granted leave to proceed and fixed for hearing the fundamental rights application seeking direction on no less a person than President Rajapakse to establish the Constitutional Council.
According to the Constitution of Sri Lanka, the incumbent of the post of president is not liable to be sued in Courts except for omissions or commissions in respect of portfolios he or she holds.
However, SC yesterday, granted leave to proceed and fixed for hearing a petition seeking a direction on the President and thereby made a unique determination. In this petition, it is stated that a president has failed to establish a constitutional council as required by the 17th amendment of the constitution.
During the course of the hearing, Chief Justice Sarath N.Silva is reported to have declared that 'no one is above the law' and that every person must obey the law.
Constitution is the supreme law of the country and the President is recognized as the first citizen of the country enjoying executive powers through the provisions of the constitution. But according to the constitution, Courts can hear cases against the president only in respect of election petition.
The present decision of the SC is unique for the fact that the SC has granted leave to proceed with two fundamental rights applications citing President as the first respondent.
If the observation made by the Chief Justice Sarath N.Silva is implemented to the letter of the law and in the right sprit, it can put an end to the atrocities and injustices committed in this country.
According to the 17th amendment to constitution, the Constitutional Council must be established and it is the Constitutional Council that can appoint an independent Police Commi8ssion, an independent Judicial Service Commission and an independent Public Service Commission.
It is these commissions that will over see the conduct of the Commissioner of Elections, Inspector General of Police, Secretary General of Parliament, judges etc and thereby ensure good governance in the country. This amendment was enacted to arrest any interference by the government or the executive.
Petitioners state that the constitutional council which is a corner stone for good governance has not been appointed and thereby their fundamental rights are violated.
(An English translation of the Editorial in The Sudar Oli, a Tamil daily, based in Colombo)
- Sri Lanka Guardian
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