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BASL worried Unitary character of State could convert to Federal

24 October 2017 05:38 pm - 8     - {{hitsCtrl.values.hits}}

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The Bar Association of Sri Lanka (BASL) yesterday expressed its grave concern about the proposed amendments to Articles 1 and 2 of the present Constitution stating that the proposed amendments in the Interim Report of the Constitutional Assembly had the effect of converting the Unitary character of the State to a Federal structure.

In a statement the BASL said, the Bar Council of the BASL took the decision at a special meeting on Monday where they directed 12 questions to the government, expecting precise and clear responses.

The questions posed by the BASL to the government were as follows:

1. Was there a need/requirement for a new Constitution?

2. a) Will Sri Lanka continue to be Unitary?

b) If so, what [in brief] is the concept of a Unitary State?

3. What powers will be devolved to the Provinces?

4. a) Can the Central Government/ Parliament get back such powers if necessary?

b) if so, in what manner?

5. When appropriate, would the President have the power to exercise direct rule in the Provinces?

6. Will the Executive Presidency be abolished?

7. a) What would be the Court structure?

i. Will there be a Constitutional Court?

ii. If so, how are the Judges to that Court to be appointed?

8) How are Judges of the Supreme Court and the Court of Appeal appointed?

i. Will there be criteria for such appointments?

ii. If so, what are they?

9) How will the Judges of the Superior Courts be removed?

10) Will all Judges of the District Courts and Magistrates Courts throughout the country be appointed by the Judicial Services Commission (JSC) and will their transfers and discipline only be handled by the JSC?

11) a. What are the Fundamental Rights that would be justiciable?

b. In what Courts would the Rights be justiciable?

12) Would the Courts have the power [up to a limited period of time] to review legislation if inconsistent with the Constitution?

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  Comments - 8

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  • Prathiba Tuesday, 24 October 2017 08:20 PM

    West weakens other countries so they can continue their economic exploitation. so sad that we have politicians who are prepared to dance to these tunes.

    Liberal One Tuesday, 24 October 2017 08:22 PM

    Pleasantly surprised. Welldone lawyers.

    ceylon Wednesday, 25 October 2017 08:33 AM

    any one know here whats federal system mean.usabritaingermanyjapancanadaaustraliarusiaindiasri lanka and moreare federal governments. via DM Android App

    dulan Wednesday, 25 October 2017 08:43 AM

    Now a SLFP lawyer leads it and this is what we hear, last year a UNP lawyer it was another song! No reality but bias.

    Lord Wolfstein Wednesday, 25 October 2017 09:49 AM

    For a modern democracy, Federalism is the best system, especially when different ethnic communities are living in different federal states or provinces. Even the Sinhalese from the south, the west or the highlands look back on a different cultural past and have different interests. A constitutional republic also means that the country is united and indivisible. An article could be included in the constitution, which allows the central government to assume the power of government in a province which wishes to declare itself independent, as is the case in Spain.

    Yahiya Wednesday, 25 October 2017 10:27 AM

    It shows the weakness of BASL. Most of the questions are answerable by BASL. Our professional organization body come to earth.

    Lord Wolfstein Wednesday, 25 October 2017 01:20 PM

    For a modern democracy, Federalism is the best system, especially when different ethnic communities are living in different federal states or provinces. Even the Sinhalese from the south, the west or the highlands look back on a different cultural past and have different interests. A constitutional republic also means that the country is united and indivisible. An article could be included in the constitution, which allows the central government to assume the power of government in a province which wishes to declare itself independent, as is the case in Spain.

    Chandrasiri Wednesday, 25 October 2017 02:17 PM

    It would have been better if the BASL got involved in the drafting stage. Our professionals very good at find faults rather than coming up with innovative proposals to take the country forward.


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