Whatever be the limitations of the JVP’s probationary programme it will certainly function as an initial step towards a change in the political culture of Sri Lanka, if the Constitutional Council and the four independent commissions envisaged in the 17th Amendment to the Constitution can be enacted before September 24.
The proposal for a Constitutional Council and the four Independent Commissions initially came from the civil society that sought to prevent politicians from acting autocratically disregarding the security and the survival of the country. Cleansing the top of the political pyramid and strengthening it, may be considered the essence of that programme.
Some learned critics question how the present attempt can be successful when a supposedly independent Bribery or Corruption Commissions has failed to uphold its independence. The machinery that is going to be set up by the 17th Amendment to the Constitution is not similar to the Independent Bribery or Corruption Inquiry Commission. Indeed it is quite different. First of all, it is important to understand the nature of the machinery. The Constitutional Council will consist of eight persons the Speaker, the Prime Minister, the leader of the opposition and five eminent persons. These five members are jointly nominated by the Prime Minister and the leader of the opposition in consultation with leaders of parties and independent groups represented in Parliament.
The power to appoint or recommend the most suitable persons to posts of foremost importance in all institutions which must be of an independent position is to be held by the Constitutional Council. Its main aim is to deprive the Head of State of the right to appoint any suitable or unsuitable person in accordance with his or her discretion and to create a system by which only the most suitable persons would be appointed to such positions. According to the draft constitution, the power to appoint chairmen, members and officials of the following sectors will go to the Constitutional Council:
1. Judges of the Supreme Court and the Chief Justice,
2. Judges of the Appeal Court and its Chairman,
3. The Attorney General,
4. Members of the Judicial Services Commission,
5. The Auditor General,
6. The Elections Commissioner and the members of the Election Commission,
7. Members of the Public Service Commission,
8. The IGP and members of the Police Commission,
9. Members of the Bribery or Corruption Inquiry Commission and the Director General of that Commission,
10. The Secretary General of Parliament,
11. The Parliamentary Commissioner,
12. Members of the Finance Commission,
13. Members of the Delimitation Commission,
14. Members of the Human Rights Commission.
A number of posts of national importance which should necessarily come under the Constitutional Council are not included in this draft. It is necessary to correct it immediately. Other important posts that should come under the Constitutional Council are as follows:
1. Members of the State Enterprises Commission,
2. Members of the National Education Commission,
3. Members of the University Grants Commission,
4. Members of the Telecommunication Regulatory Commission,
5. Members of the Press Council until the Press Council is abolished,
6. Commissioner of Inland Revenue,
7. The Governor of the Central Bank,
8. The Director General of the Customs,
9. The Public Trustee.
The members of the commissions that come under the Constitutional Council, and the Heads of Institutions will cease to hold office when the Constitutional Council comes into force, it is essential that the Constitutional Council is given the power to select and appoint and recommend persons who hold office at present or the best and trained persons from amongst outsiders. But no such provisions are included in the draft which may be considered its biggest weakness.
If the Constitutional Council is to appoint only the members of the four commissions, then it is unlikely that the people will be interested in or trust the proposed Constitutional Council. If all present heads of institutions cease to hold office and only the most suitable persons are to be appointed, it would be a very important occasion to test the honesty and the strength of the Constitutional Council. It will help rebuild and strengthen the system of institutions which is collapsing due to unsuitable persons holding important and prominent posts. It will also help build the people’s confidence in these institutions again.