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Non-partisan 18th amendment before cabinet

The cabinet will this week consider an 18th amendment to the constitution to ensure that members of the constitutional council will be protected from personal liability damages as a result of their official actions, senior governmental sources said yesterday.

This has become necessary because two recent decisions of the Supreme Court have signalled that third parties can play the role of "officious inter-meddlers or busybodies" by invoking the Supreme Court’s fundamental rights jurisdiction with regard to appointments to the five commissions that will be responsible for running the public service, police, judiciary, elections and media.

A senior minister said yesterday that members of the constitutional council have brought to the government’s notice that they can be personally liable for official acts in the light of the recent Supreme Court decisions.

"In these circumstances, it will be impossible to get persons of high stature to serve on the constitutional council unless some preventive measures are taken," this source said.

Prime Minister Ranil Wickremesinghe has discussed the problem with party leaders last week and there is no opposition to the 18th amendment being enacted to protect members of the constitutional council from such liability.

It has also been agreed that the constitutional council be asked to not merely make nominations to the five commissions but also set down the principles that should govern appointments to such apex bodies.


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