Challenges before the constitutional council
Freeing the institutions under the Constitutional Council from politicisation, and directing them so as to guarantee good governance, is one of the council’s main obligations. The first thing it has to do is define properly what the institutions and the posts under it are responsible for.
Debilitated, but not too bad
For all the serious and inherent limits of the Seventeenth Amendment, the fact that a Constitutional Council and a system of independent commissions have been enacted is a very important step. It was the JVP’s intervention that got even this debilitated version through.
How independent are independent commissions?
Whatever the limits of the JVP’s programme, enacting the Constitutional Council and the four independent commissions of the Seventeenth Amendment before 24 September would be a first step towards changing the political culture of this country.
Darkest period of judiciary
The UN special rapporteur on the independence of judges asked, through the Foreign Minister, that the Chief Justice be prevented from sitting while the impeachment was under way. The Justice Minister has protested that no power may interfere with the judiciary, which under our constitution is independent.
Giving more teeth to constitutional council
A constitutional council with the power to recommend people for the top posts, with five independent commissions under it, would be a significant step towards taking the administration out of politics. What it would need to be worth having is set out here.
Plotters of legal conspiracy stuck in mud
How a state metes out justice is said to show how civilised it is. The contents of the impeachment motion against the Chief Justice, and the way power is being used to abort that impeachment, show how uncivilised the affairs of this country have become.
Democracy and the crisis in the judiciary
The judicial crisis around Chief Justice Sarath N. Silva is a question that can decide the politics of the country. At no point should the Supreme Court become a partner in an executive programme that runs against the principles it exists to protect.
The politics of justice
Two important observations on the Sri Lankan judiciary were published last week. One is in the latest American human rights report, which says the Chief Justice has cut the number of human rights cases the courts examine on the pretext of preventing a backlog — denying redress even to people who have been tortured.
An attempt to define electorial malpractice
The UNP has withdrawn its Supreme Court petition against the presidential election. What the deputy leader’s statement shows is how deep the dissatisfaction in the main opposition party has become about the way things happen in that court.
Need for reforms cries out loud
An unprecedented interest in the reforms good governance needs has arisen. The UNP is demanding independent commissions for elections, the judicial service, the police and the public service under a constitutional council, and K.N. Choksy is to bring a draft bill he has prepared.