The Sri Lankan president’s direct appointment of commissioners to the National Police Commission and Public Service Commission is a serious setback to the little constitutionalism remaining in the country. These appointments have perverted the independent character of the commissions as established under the 17th Amendment to the Sri Lankan constitution.
The root of the commissions’ independence lies in the selection process of the commissioners. Under the 17th Amendment, the process is entrusted to an independent group of persons thought to be impartial and with integrity–the Constitutional Council. The selection of commissioners on the basis of objective criteria laid down by the council and made known to the public was seen as a prevention of politically driven appointments. The selected commissioners would themselves have to set out and follow objective criteria regarding the appointments, promotions, transfers and disciplinary control of public officials supervised by the respective commissions.
The recent appointments have abandoned this process in favour of direct selections by the executive. This is a prescription for undue influence and corruption within public institutions.
For any system to function rationally, its institutions must be protected from undue political interference through the implementation of objective criteria.
The selection through the Constitutional Council allows for the screening of persons to be appointed to any commission. This screening is done not only through the council members themselves, who will look into the qualifications and background of the proposed persons, but also through the public, who are given the opportunity to make objections. Certain individuals may have information regarding proposed persons not known to the rest of society. This information can then be given to the council for its assessment.
When this process is bypassed, and commissioners are selected in contravention of the constitution, can they exercise power under the constitution? It is the 17th Amendment that sets out the power, obligations and procedures of the police, public service and other commissions as well as the selection process of the commissioners. Being selected in violation of the 17th Amendment, the appointed persons cannot legitimately exercise the authority given to the commissioners under the same amendment.
The appointments to the police and public service commissions by the president are contrary to the constitution, legally ludicrous and disastrous to society. The Asian Human Rights Commission supports the call made by many other groups and individuals requesting the president to call off the appointments. It also supports the request made of the appointed commissioners not to accept such appointments, which merely discredits the commissions they were appointed to as well as themselves.
