Appointments to Constitutional Council further delayed

COLOMBO (News 1st) - It's been two months since the 21st Amendment to the Constitution was adopted, and yet, Sri Lanka has failed to appoint civil society members to the constitutional council.

This has further delayed the appointment of members to the independent commissions including the election commission.

As per the 21st Amendment to the Constitution that was passed by the Sri Lankan parliament, the recommendations of the 10-member Constitutional Council are necessary to make appointments, including those to the independent commissions.

The Speaker, Prime Minister, and the Opposition Leader are appointed to the Constitutional Council in their official capacity.

Minister Nimal Siripala De Silva was appointed to the Constitutional Council as the President's representative.

However, there appears to be no agreement with regard to the remaining appointments.

Sagara Kariyawasam was proposed as the Member of Parliament, nominated by agreement of the majority of the MPs representing the government.

However, his appointment is yet to be confirmed.

MP Kabir Hashim was proposed as the Member of Parliament nominated from the political party or independent group to which the Leader of the Opposition belongs to.

However, the opposition maintains the position that if the appointments made to the  Constitutional Council are used as means to delay the elections, they would disagree with the respective appointments.

There is also discord over the appointment of a MP nominated by agreement of the Members of Parliament other than those representing the Government and those belonging to the political party or independent group to which the Leader of the Opposition belongs to.

The Tamil National Alliance proposed Dharmalingam Siddharthan for this appointment, however, the Uttara Lanka Sabhagaya says MP Udaya Gammanpila should be appointed to that post.

There is also a delay in appointing three civil society representatives three persons by the Speaker with the agreement of the Prime Minister and the Opposition Leader.

Speaker Mahinda Yapa Abeywardena speaking to News 1st said that 112 applications were received for civil society representation in the Constitutional Council.

The speaker, Prime Minister Dinesh Gunawardena, and Opposition Leader Sajith Premadasa met in Parliament on Thursday (29) to discuss these appointments, however the meeting had concluded without reaching any decision.

Speaker Mahinda Yapa Abeywardena said that the Constitutional Council cannot function properpy until all the members are appointed.

The delay in appointing members to the Constitutional Council delays the appointment of members to independent commissions.

These include the Election Commission, Public Services Commission, National Police Commission, Audit Services Commission, Human Rights Commission of Sri Lanka, Commission to investigate allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, and the National Procurement Commission.

Though there is a delay in appointing members to these commissions, the 21st Amendment to the Constitution includes provisions for the functioning of the existing commissions.

As per section 44 (f), the existing members of these commissions can function in their positions until the new appointments are made.

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