Majority could decide minority nominee -SC

WASANTHA RAMANAYAKE

The Supreme Court indicated to the Speaker that the nominee of the minority parties in Parliament for the Constitutional Council (CC) could be chosen on the basis of the majority decision if there was no consensus, when the rights application in connection with appointments to the CC was mentioned yesterday.

The Supreme Court indicated to the Speaker that the nominee of the minority parties in Parliament for the Constitutional Council (CC) could be chosen on the basis of the majority decision if there was no consensus, when the rights application in connection with appointments to the CC was mentioned yesterday.

The Court made this indication when Senior State Counsel Nerin Pulle on behalf of the Speaker submitted that on the last occasion the representatives of the minority parties could not unanimously decide on a nominee for the Constitutional Council since there were only 17 members present out of some 39 members.

The Court also suggested that the incumbent Vice Chancellor of the University of Colombo could be appointed as a member of the Constitutional Council.

The Court made the suggestion when Senior State Counsel submitted that the President had not approved the name of one nominee who had been nominated by the Prime Minister and the Leader of the Opposition by consensus.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Jagath Balapatabendi and Justice S.I. Imam. Petitioners Senior Lecturer Sumanasiri Liyanage, University of Peradeniya and Attorney-at-Law Ravi Jayawardane complained to the Court that the non-constitution of the Constitutional Council is a continuing violation of their rights and the rights of the people of the country.

The petitioner stated that the appointments to the Constitutional Council which was a mandatory requirement of the 17 Amendment to the Constitution has not been made since 2005.

They submitted that the appointment of the members to the Council is essential for the maintenance of good governance. They further submitted that according to the Hansard records all the nominations have been made and that the only remaining mandatory duty is the appointment of these nominees to the Council which is a duty cast on the first respondent the President.

M.A. Sumanthiran with Viran Corea and Suren Fernando appeared for the petitioner.

Senior State Counsel Nerin Pulle appeared for the respondents.

President’s Counsel Shibly Aziz with A.P. Niles appeared for the Leader of the Opposition.

The case will be mentioned on March 2.