Opinion

17th Amendment to the Constitution

It was recently reported that the government had called for a change in the procedure set out by the Constitutional Court for the appointment of members to the Independent Commissions set up after the passage of the above amendment, in the light of the observations made by President.

In an article "Police Commission can’t work or won’t work" published in a weekend paper on Sunday July 13, 2003 (Sunday Island), mention was made to what befell the Bribery Commission, and the question raised was whether the same fate awaited the Police Commission as well given the equivocal remarks of the Interior Minister and others.

The Supreme Court recently dismissed an application made by the Commissioner of Elections on the grounds that he was caught in a constitutional net as the court had no control over the lapses in the law. Here is a unique case where a public servant cannot retire at the usual compulsory age of 60, because the Elections Commission due to be constituted as a result of the above amendment has still not seen the light of day.

In the light of the above, has the 17th Constitutional Amendment turned out to be a Constitutional Amusement?
M. T. M. de Silva
Moratuwa


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