President Mahinda Rajapakse has recently filled the vacancies in the Supreme Court and Court of Appeal without following the constitutional provisions and bypassing the Constitutional Council.
These appointments have added to the long list of unconstitutional appointments to several commissions under the 17th Amendment. The political decision taken by President Mahinda Rajapakse to ignore the 17th Amendment will have serious repercussions on the implementation of the rule of law. The present appointments to the judiciary would certainly affect the independence and integrity of the judiciary while having the effect of embarrassing and undermining the judiciary.
The President and the so called advisors of the political leadership should bear the responsibility for the long term adverse consequences of these ill advised appointments. We must remind ourselves that the politicians are trustees of the public and not the owners of the Republic. Politicians cannot and should not disregard the will of the public that is enshrined in the Constitution.
TISL warns the government that, as a result of this continuing process of unconstitutional appointments, the upper tier of the hierarchy of all organs of the State is on the verge of collapse resulting in the loss of independence, integrity and legitimacy of the government in the eyes of the public. TISL notes with regret that in effect, the country is pushed towards an extremely undemocratic governance structure.