Former BASL President Saliya Peiris Warns Against Undermining Constitutional Council's Role in Key Appointments

November 24, 2023

In a strong rebuke against potential interference in the constitutionally mandated role of the Constitutional Council, former President of the Bar Association of Sri Lanka (BASL), Saliya Peries, warned of disastrous consequences if the President seeks to override the council's authority. Peries' statement follows recent remarks by the President in parliament, proposing the formation of a Parliamentary Select Committee to assess the Constitutional Council.

The Constitutional Council, established through constitutional amendments, plays a pivotal role in overseeing presidential appointments to key offices, including the judiciary and various commissions. The 17th, 19th, and 21st amendments were introduced to fortify the council's role, ensuring a robust check on the President's powers and preventing potentially unfavorable appointments.

Peries emphasized the importance of the Constitutional Council as a safeguard against the President making arbitrary or unsuitable appointments to crucial positions. With upcoming vacancies in the Supreme Court, including the Chief Justice's office, and the technically vacant position of the Inspector General of Police (IGP), the integrity of the appointment process becomes paramount.

The former BASL President expressed concern over any attempts to pressure or coerce the Constitutional Council into aligning with the President's preferences, asserting that such actions would have disastrous consequences for the country's democratic institutions. Peries argued that the President should uphold and respect constitutional mechanisms rather than attempting to undermine or bypass them.

The backdrop to Peries' statement is the President's proposal to establish a Parliamentary Select Committee to examine the functions and workings of the Constitutional Council. Critics fear that this move could be a precursor to diminishing the council's independence and consolidating more power within the executive branch.

Peries urged the President to consider the long-term implications of any actions that may compromise the Constitutional Council's autonomy, emphasizing the need for a balance of powers to ensure a healthy and functioning democracy.