Call for select committee to probe irregularities in appointments to judicial posts Speaker thwarts opposition’s attempt

• Says constitution does not allow Parliament to oversee, supervise or review the functions or decisions of the JSC

By Yohan Perera and Ajith Siriwardana 

Speaker Jagath Wickramaratne yesterday thwarted a move by the opposition to get a parliamentary select committee appointed to examine the irregularities in the appointment and promotion of judicial officers. 

The opposition which responded immediately said that the incumbent Speaker had overturned the landmark ruling given by one of his predecessors late Anura Bandaranaike in June 2001 where he stressed that Legislature is supreme than the judiciary. Late Speaker Bandaranaike gave this ruling in relation to the move by the legislature to probe the then Chief Justice Sarath N. Silva. 

“The appointment of a select committee to examine matters pertaining to the Judicial Service Commission would be a derogation of independence of the judiciary and thereby derogation of judicial powers vested with the people. This ruling I believe will stand as a landmark in the parliamentary history of Sri Lanka strengthening parliamentary tradition and dignity of this august assembly,” Speaker Wickramaratne said in his ruling. 

He said, “The motion before me seeks a resolution to appoint a select committee to oversee the judicial service committee’s functions and operations.  

 Under standing orders 27 (3) I as the Speaker holds the discretion to decide whether such a motion align with the constitution. Functions and purposes of judicial service commission embody the exercise of people’s judicial power and therefore enjoy the constitutional protection of judicial independence. 

The constitution does not permit Parliament to encroach upon the power by exercising oversight over judicial service commission’s operations. This prohibition is reinforced by the doctrine of separation of powers enshrined in Article 3 read with Article 4 of the constitution.  

The custody of the public purse entrusted to Parliament by people in trust, confers fiduciary responsibility but not hierarchical supremacy and cannot justify encroachment upon the constitutional separation of powers.

 The constitution does not provide Parliament the authority to inquire into, supervise or review function or decisions of the Judicial Service Commission. The Speaker who referred to the ruling given by late Mr Bandaranaike of June 2001 said the factual circumstances which led to his predecessor’s ruling is not comparable with the facts of the instant occasion. 

Opposition Leader Sajith Premadasa who responded that the ruling given by Speaker Wickramaratne is a clear violation of the constitution. “It is a violation of people’s sovereignty, a violation of the constitution and a violation of fundamental rights of the people. He stressed that the three arms of the government are vested with the power to ensure checks and balances and exercise the sovereignty of the people. 

MP Ajith P. Perera said Speaker has overturned the landmark ruling given by his predecessor Anura Bandaranaike who declared that legislature is supreme. “This ruling by Speaker makes today a dark day in the history,” he said.