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TISL urges the President, Government and Opposition to Appoint Commissions under 17th Amendment & Withdraw an Unconstitutional Cabinet Decision

By delaying the appointments to the Constitutional Council, Public Service Commission, National Police Commission and Election Commission, the political authorities in Sri Lanka continuously fail to display their commitment to establish healthy traditions that can ensure an accountable public sector.

Instead of finding solutions and accepting responsibility, the President and the Opposition pass their constitutional responsibilities onto each other. The gravity and extent of the problem is reflected by the fact that the entire public sector and police force at present do not have an apex administrative body.

The genuine interest of political authorities to establish an independent public sector has not been exhibited and thus continues to be questioned. In this context, the Cabinet decision dated 14 December 2005 (wherein the Cabinet unconstitutionally usurped the powers of the Public Service Commission “temporarily” until the Constitutional Council would be established) should be viewed as suspect. This Cabinet decision has nullified the effect of the 17th Amendment to the Constitution and would help political authorities justify the delay in appointing these independent commissions. TISL further states in its letter that the Opposition must also share the responsibility for the delay and failure to appoint these commissions.

TISL urges the Government to immediately withdraw this Cabinet Decision and to proceed with these appointments to the commissions established by the 17th Amendment.

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