Appointments to High Posts and Independent Commissions

30 March 2015 05:32 am - 0     - {{hitsCtrl.values.hits}}

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APPOINTMENTS TO HIGH POSTS
Appointments to the following offices shall be made by HE in consultation  with the PM, Leader of the Opposition and  the committee of parliamentary leaders of all parties 
  • Chief Justice (Shall be the senior most Judge of  the Supreme Court)
  • Attorney General  
  • Auditor General
  • Inspector General of Police
  • Ombudsman
  • Secretary General of Parliament
 
JUDICIAL SERVICE COMMISSION (WILL NOT COME UNDER ICAA)
  • Shall consist of 7 members
  • The Chief Justice, who presides at meetings of the Commission
  • The President of the Constitutional Court
  • 2 Judges from the SC appointed  by  the HE in consultation with the Judges association
  • The President of the Appeal Court
  • One Professor of law designated by Professors of law at the  universities
  • A  distinguished Jury appointed by the HE in consultation with the Judges association
 
INDEPENDENT PUBLIC SERVICE
 There must be a clear separation between the role of the elected representative and the public service 
Over the decades elected representatives have taken full control of the public service. 

But the role of the politician is not to interfere in technical decision making or in running the department but to supervise the bureaucracy to ensure that their decision making is in the public interest, according to laid down laws and guidelines and transparent. 

The appointment, promotion and discipline of the Public Service should be under the purview of an independent Public Service Commission. Elected representatives should not take these powers to themselves 
Parliament is responsible for 
  • Policy making and
  • legislating 
Implementation of government policies and enforcement of law and order are by public institutions.
  • Recruitment, promotions, transfers and disciplinary matters of all staff shall   be free of political interference. 
  • Determination of whether law and order has been enforced without fear or favour can only be possible when the Judiciary is  independent.
  • For the Judiciary and the Administration to act independently 
  • their appointments should be through an apolitical process 
  • their control shall only be through Independent Commissions
An   Independent Commissions Appointing Authority (ICAA) shall be established to recommend the appointments for high posts and independent commissions

 
INDEPENDENT COMMISSIONS APPOINTING AUTHORITY (ICAA)
Shall be a permanent authority (not subject to dissolution)
  • Speaker shall be the chairperson 
  • Shall have 10 members
The PM
The leader of the Opposition 
Eight appointed members

 
Term for appointed members
  • one  term of 4 years 
  • One half of the appointed members retire after every second year
  • When the authority is constituted for the first time the first four members will continue to serve for 6years


 
CONSTITUTION  OF ICAA
OBJECTIVES IN FORMULATING THE PROCESS FOR THE APPOINTMENT OF ICAA
  • Should be a selection/election  and not a nomination (Any appointee by a political person, in practice, may not be fully independent)
  • Selection should be an open and transparent process and  from a large pool of eminent people 
  • Selection committee shall include at least two eminent persons with no political affiliation
  • Office of the Speaker shall be responsible for the process leading to selection of appointed members. 
  • Process leading to selection of appointed members
1. Nominations
2. Selection and Appointment 


 
NOMINATIONS
Nominees shall be of eminence and integrity who have distinguished themselves in public life, academic, professional or administrative fields
have no political affiliation or any conflict of interest
Nominations will be received by the Speaker from 
 
PARLIAMENT – 
  • Not exceeding 
  • Three from the ruling party/ ruling coalition 
  • Three from the main opposition party 
  • One each from other parties represented in the parliament
 
PROVINCIAL COUNCILS – 
  • One from each council
  • Every proposal shall be supported by the proposer enumerating the special attributes for which the nominee is proposed
  • Canvassing or sponsoring at any stage shall disqualify the concerned candidate(s)
  • In selecting the candidates due consideration should be given that the final composition of the authority would inspire the confidence of all the communities in Sri Lanka.(This does not mean that all communities have to be represented) 


 
SELECTION AND APPOINTMENT
  • Required number shall be finalized from the list , by the parliamentary leaders of all the parties. In case of disagreement it shall be by majority vote.
  • Forwarded  to HE for approval and appointment


 
QUORUM
  • Shall be six (6)
  • If any member is absent for a period of over 2 months or a vacancy arises, the next person in the last selection list may be appointed by the speaker for the remaining period.


 
APPOINTMENTS TO INDEPENDENT COMMISSIONS 
Appointments to the following  shall be made by HE on the recommendation of the ICAA 
Election Commission
Public Service Commission
National Police Commission
Commission To Investigate Bribery and Corruption 
Independent Parliamentarians Remuneration Committee  (dealing with pay, allowances, claims, and pension of MPP)
Human Rights Commission
Finance Commission
Delimitation Commission
National Land Commission
Sri Lanka Media Commission
Commission For Gender Equality And Child Protection

 
  • All the above commissions shall be permanent
  • Each member shall serve a period of 4 years In selecting the members due consideration should be given that the members would enjoy the confidence of all the communities and the stake holders
  • (This does not mean that all communities have to be represented) 


 
OBJECTIVES OF THE PSC
  • De-politicization of the Public Service
  • Total abolition of political influence and interference in Administration
  • Establishment of Carder (Institution-wise) for All Grades of Public Employees
  • Job Description with Time Table for all  Public Employees
  • To revise criteria for appointments ,promotions and transfers, if necessary, to ensure a  transparent and fair system
  • To establish appeal boards for any complaints regarding irregularities in appointments (Jobs), promotions and transfers(JAB, PAB & TAB)
(The writer is a senior consultant physician attached to Dr. Neville Fernando Teaching Hospital)
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