Sri Lanka’s Parliamentary Council to be set up within one month

Sri Lanka’s ruling United Peoples Freedom Alliance (UPFA) is hopeful of setting up a Parliamentary Council within a month after the enactment of the Eighteenth Amendment to the Constitution.

It is expected that the 18th Constitutional Amendment Bill is to be taken up for its historic vote this Wednesday, the Constitutional and the Council set up by the Seventeenth Amendment will be abolished. Government had also decided to set up the Public Services Commission before the end of September, Asian Tribune learns.

The defunct current Constitutional Council to be abolished , and President to appoint members to Commissions and High Posts.

As per, Article 41A (1), the President shall seek the observations of the of the Speaker, the Prime Minister, the Leader of the Opposition; two Members of Parliament nominated each by the Prime Minister and the Opposition Leader, when appointing Chairpersons and members of the Commissions listed in Schedule I and when appointing persons to offices listed in Schedule II.

The commissions listed are the Election Commission, Public Service Commission, National Police Commission, Human Rights Commission of Sri Lanka, Permanent Commission to Investigate Allegations of Bribery and Corruption, Finance Commission and Delimitation Commission. (Under 17th Amendment Finance Commission and Delimitation Commission were not under the purview of the Constitutional Council).

The public offices listed under Schedule II are the Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, Members of the Judicial Service Commission (other than the Chairman) and the Attorney- General, Auditor – General, Parliamentary Commissioner for Administration (Ombudsman), and the Secretary - General of Parliament.

Under Article 41 A (2) of the Bills, the five Members referred to above shall still stand to act for the purposes of this Article, notwithstanding the dissolution of Parliament. The Members are required to convey to President their observations on the persons proposed by him (the President) for such appointments, within a period of one week from the date of such communication. If such persons fail to communicate their observations to him within the specified period, the President shall forthwith proceed to make the aforesaid appointments.

Article 41 A (6) stipulates that “A Leader of any recognized political party represented in Parliament desires to propose the name of any person for appointment as Chairman or member of a Commission referred to in Schedule I …, he may within the period of one week specified above, forward to the Speaker the name of any person in relation thereto (and) The President may take such names into consideration when making such appointments.”

As per Article 41 A (7) “No such person appointed shall be removed, otherwise than in the manner provided for in the Constitution or in any law enacted for such purpose. Where no such provision is made, such person shall be removed by the President."

Article 54 of the Constitution is amended to set up a ‘Public Service Commission’, which shall consist of nine members appointed by the President, of whom, three members shall be persons who have had over fifteen years experience as public officers. The President shall appoint one member as its Chairman.

Under Article 7 of the Bill Article 55 of the Constitution is amended to restore the powers relating to public service with the Cabinet of Ministers, which was the position that existed prior to the 17th Amendment.

“55. (1) The Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfer, disciplinary control and dismissal,” stipulates the Bill.

(2) The appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Department shall vest in the Cabinet of Ministers
According to Article 55(3) Subject to the provisions of the Constitution, the appointment, promotion, transfer, disciplinary control and dismissal of (other) public officers shall be vested in the Public Service Commission.

Meanwhile, many political parties and civil organizations have called on the public to be attired in black on Wednesday, as a part of a general strike and civil disobedience campaign, in a bid to show their opposition to the proposed Bill. The Main opposition United National Party (UNP) and the Janatha Vimukthi Peramuna (JVP) condemned the Eighteenth Amendment claiming that it would sound the death knell for democracy in Sri Lanka.

- Asian Tribune -