{"id":43471,"date":"2015-10-13T00:16:42","date_gmt":"2015-10-13T04:16:42","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=43471"},"modified":"2015-10-13T00:16:42","modified_gmt":"2015-10-13T04:16:42","slug":"constitutional-council-is-a-mockery-as-it-is-full-of-friends-and-supporters-of-president-sirisena","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=43471","title":{"rendered":"Constitutional Council is a Mockery as it is full of Friends and Supporters of President Sirisena."},"content":{"rendered":"

By <\/p>\n

Udaya P.Gammanpila M.P.
\n<\/strong><\/p>\n

When the Constitutional Council (CC) was established by the 17th Amendment and modified by the 19th Amendment to the Constitution, it had a noble cause. It was to ensure the independence of the commissions such as Judicial service, audit services, bribery or corruption investigation and procurement. However, it is near impossible to achieve the stated objective of the independent commissions with the newly appointed CC.<\/p>\n

The CC is the apex body of independent commissions. It appoints members to all commissions including very important commissions such as Judicial Service, Public Service, Election, Police, Audit Service, Human Rights, Bribery or Corruption Investigation, Finance and Procurements. Further, it approves the recommendations by the President for important offices such as Supreme Court Judges including the Chief Justice, Judges of the Court of Appeal, Attorney General, Auditor General, Secretary General of Parliament and Inspector General of Police. Hence, a duly appointed CC is crucial for maintaining independence of the Commissions.<\/p>\n

<\/p>\n

In terms of the 19th Amendment to the Constitution, the number of members of the CC is 10. The Speaker, Prime Minister (PM) and the Leader of the Opposition become the members of the CC ex-officio. Four additional parliamentarians are appointed on nomination and election. One is nominated by the President. The other two should be jointly named by the Prime Minister and the Leader of the Opposition. In practice, when one is nominated by the Prime Minister, the other is nominated by the Leader of the Opposition. The last parliamentarian is selected by the majority of parliamentarians of other political parties.<\/p>\n

Fresh appointments<\/strong><\/p>\n

Although the members of the previous CC had spent only a few months of their term of three years, the government decided to make fresh appointments after the parliamentary election. The President appointed UNP Parliamentarian and Western Provincial Development Minister P.C. Ranawaka as his nominee. The PM nominated UNP Parliamentarian and Minister of Justice Wijeyadasa Rajapakshe.<\/p>\n

Objective not met<\/strong><\/p>\n

Instead of assigning the President or Cabinet of Ministers to appoint members of the CC, the majority of the members of the CC are nominated by the PM and the Leader of the Opposition by reaching consensus. The objective of this arrangement is to depoliticize the CC. The rationale for this arrangement is that if a person is acceptable to both sides of the political divide, he will be an apolitical person. <\/p>\n

However, this objective cannot be accomplished after surrendering the UPFA to the UNP by President Sirisena. The UPFA now functions as an organization affiliated to the UNP. The UPFA formed a coalition government with the UNP in order to fulfil an election pledge of the UNP. As a result, the TNA, which supported the UNP during the presidential election, became the main Opposition party. Hence, Parliament and thereby the CC do not reflect the political will of the people.<\/p>\n

The entire nation polarized to two groups at the last presidential election as Swan Group and Betel Leaf Group. When the Swan Group polled 52% of the votes, 48% was received by the Betel Leaf Group. However, this division does not reflect in the CC as well as in Parliament. Present President and the PM are from the Swan Group and it is a realistic situation. Surprisingly, the Leader of the Opposition and the Chief Opposition Whip are also from the Swan Group. Hence, P.C. Ranawaka, Wijeyadasa Rajapakshe and M.A. Sumanthiran, whom were respectively nominated by the President, the PM and the Leader of the Opposition, are from the same Swan Group. Adding to the burden, the nominee of the other parties, Vijitha Herath is also from the Swan Group.<\/p>\n

In this backdrop, 100% of the CC consists of members of the Swan Group, which received only 52% of the total votes. On the other hand, Betel Leaf Group, which obtained 48% of the total votes, had no representation in the CC. In the light of the above, there is no difference between making key appointments directly by the President and making those on the recommendation of the CC because all members of the CC are President’s supporters. When we pointed out this disparity, M.A. Sumanthiran was replaced by John Seneviratne, who is the Minister of Labour. It is of course a mockery.<\/p>\n

There are two factions within the UPFA. One faction has joined the UNP Government in return of perks. The other faction has decided to be in the Opposition honouring the mandate received by them. John belongs to the first faction. The UPFA lost the opportunity to nominate the Leader of the Opposition because of this faction’s decision to join the government. In this backdrop, how can the Leader of the Opposition nominate a government minister as his nominee to the CC? Isn’t it hilarious?<\/p>\n

Where is good governance?<\/strong><\/p>\n

Vijitha Herath was the original nominee of the other parties in the CC. Thereafter, according to him, John Seneviratne became the nominee. According to the Constitution, the other parties mean all parties except the parties of the PM and the Leader of the Opposition. The representative of such parties should be selected with the support of the majority parliamentarians of the parties. Accordingly, parliamentarians of the UPFA, JVP, SLMC and the EPDP should have met for the purpose of deciding their representative in the CC. Nobody convened such a meeting. If there was such a meeting, I would have been invited in my capacity as a parliamentarian of the UPFA. However, firstly Vijitha Herath, then John Seneviratne represents me in the CC without my knowledge. Is this the good governance pledged during the election campaign?<\/p>\n

Although I should critically reject the three civil society representatives, who were jointly selected by the PM and the Leader of the Opposition, the limited space available in the column does not permit me to do so. The government tactfully avoided a parliamentary debate about the appointment of these three as the de jure leaders of the Opposition are de facto partners of the government.<\/p>\n

The above analysis establishes that the CC is full of friends and supporters of the President. Hence, it has no capacity to ensure de-politicization of the government machinery although it is the objective of establishing the CC.<\/p>\n

Unfortunately, academics, professionals and NGOs who raised their voice for good governance during President Rajapaksa’s administration, maintain a dead silence. For them, good governance exclusively meant defeating Mahinda Rajapaksa, which has been achieved by them twice.<\/p>\n

Courtesy:Ceylon Today<\/em><\/p>\n

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By Udaya P.Gammanpila M.P. When the Constitutional Council (CC) was established by the 17th Amendment and modified by the 19th Amendment to the Constitution, it had a noble cause. It was to ensure the independence of the commissions such as Judicial service, audit services, bribery or corruption investigation and procurement. However, it is near impossible …<\/p>\n

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