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| Friday, 30 July 2004 |
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| Proposed motion against Chief Justice unconstitutional- MP Freedom Alliance National list Parliamentarian President's Counsel Wijeyadasa Rajapakshe in a letter to Speaker W.J.M. Lokubandara termed as unconstitutional the recent motion seeking a direction to appoint a Select Committee to inquire into the alleged conduct of the Chief Justice. The letter states: "I learnt through the media report that an honourable Member of Parliament has submitted a motion to yourself seeking a direction to appoint a select committee to inquire into certain matters involving the conduct of the Hon. Sarath N. Silva, Chief Justice. In the event the Parliament is concerned about the conduct of the Chief Justice, Judges of the Supreme Court, the President of the Court of Appeal and the Judges of the Court of Appeal, the Parliament is bound to follow the provisions contained in Article 107(2) and 107(3) of the Constitution. In terms of the proviso to Article 107(2), no resolution can be entertained by the Speaker or placed on the Order Paper of the Parliament, unless such a resolution is signed not less than one-third of the total number of members of the Parliament and sets out full particulars of the alleged misbehaviour or incapacity of such Judge. Such powers can be invoked only by a motion presented for the purpose of removal of a Judge of the Apex Courts. Article 107(3) also empowers the Parliament to make necessary laws or Standing Orders relating to presentation of such a motion including the procedure for investigation. Neither the Constitution nor the Standing Orders permit the Parliament to appoint a select committee to inquire the conduct of a Judge of the Superior Courts without strict adherence to the said Constitutional Provisions. As you are aware the framers of the Constitution have made such specific provisions keeping in line with the principle of the separation of powers as contemplated in Article 4 of the Constitution. Hence, I wish to draw your attention to Article 107(2) and (3) of the Constitution and submit that the motion tendered by a Member of Parliament seeking a direction to appoint a select committee to inquire into the alleged conduct of the Hon. Chief Justice is unconstitutional. Accordingly, I kindly request you to reject the said motion." |
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