News
Wrangling over nominees stalls Constitutional Council
View(s):By Sandun Jayawardana
New appointments to independent commissions continue to be stalled as the Constitutional Council (CC) has still not been fully constituted.
A CC meeting held on Thursday to decide on the appointment of the three non-MPs in the 10-member Council ended inconclusively.
In November, Parliament called for applications from “persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party,” to be considered for appointment as CC members. About 120 applications had been received by the end of the November 28 deadline.
The CC cannot proceed with appointing members to the independent commissions until the entire 10-member Council is in place, Speaker Mahinda Yapa Abeywardena told the Sunday Times yesterday.
Disagreements among minor opposition parties, meanwhile, have also prevented the appointment of their nominee to the CC. A meeting held to decide on a nominee ended without a decision after two names were proposed. They were Tamil National Alliance (TNA) parliamentarian Dharmalingam Siddharthan and Pivithuru Hela Urumaya (PHU) Leader Udaya Gammanpila.
Mr Gammanpila said he received the support of 35 MPs while Mr Siddharthan was supported by 13 MPs. “However, the Constitution states that the member must be nominated by agreement and not a majority vote. Mr Siddharthan was not willing to step aside. I can’t step aside because it would be a betrayal of those who placed their confidence in me,” the MP said.
Under the 21st Amendment passed in October, the CC is the body tasked with recommending members to the independent commissions. These include the Election Commission, the Public Services Commission, the National Police Commission, the Audit Services Commission, the Human Rights Commission of Sri Lanka, the Commission to investigate allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.
The 21st Amendment, however, allows for serving members of the independent commissions to continue in office until the assumption of office by new members.
In addition, the CC is also responsible for recommending key judicial and state appointments, including the Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Attorney General, the Governor of the Central Bank, the Auditor General and the Inspector General of Police.
The Speaker, the Prime Minister and the Opposition Leader are ex-officio members of the CC.
President Ranil Wickremesinghe has appointed Minister Nimal Siripala De Silva as his representative to the CC while the Samagi Jana Balawegaya (SJB), which is entitled to a seat as the party to which the Opposition Leader belongs, has nominated Kabir Hashim. The governing Sri Lanka Podujana Peramuna (SLPP), meanwhile, has nominated Sagara Kariyawasam.
Nevertheless, with the CC yet to be fully constituted, only the three ex-officio members and the President’s nominee have been called for CC meetings so far.
Mr Hashim confirmed yesterday that he had still not been called for a CC meeting and it is the Opposition Leader who attended by virtue of him being an ex-officio member.
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