Can there be partiality in CC appointments
The Constitutional Council was structured with the objective of making impartial appointments to positions of high office in the Government. The necessity and the importance of impartiality in appointments made to positions of High Public office was given prominence because of allegations of abuses and partiality during the previous regime and gave rise to the birth of the Constitutional Council through the 19th Amendment.
The members of the Council are as follows:
The Prime Minister, The Leader of the Opposition, The Speaker of Parliament and five persons appointed by the President but nominated by the Prime Minister and the Leader of the Opposition of whom two should be members of Parliament nominated based on certain guidelines keeping in mind the pluralistic nature of the Community as spelt out in the Constitution.
One person, a member of Parliament is appointed by the President; one person, who is a member of Parliament nominated by agreement of the majority of members of Parliament belonging to political parties or independent groups other than the political parties headed by the Prime Minister and the Leader of the Opposition while the Speaker is the Chairman of the council.
This makes up a total of ten members. Is the above composition open to partiality? It ultimately brings up the question of integrity of the persons holding office as a members of the Constitutional Council. If his or her actions despite belonging to a particular political party is in fairness and makes assessments of the candidates eligible for holding high office on predetermined criteria, solely without bias and not swayed by other members of the Council seeking political advantage or trying to impose their will, and attempting to elect candidates of their choice, then we enter into the “cloud of impartiality”.
ANTON ABEYESEKERA
COLOMBO 05.
The necessity and the importance of impartiality in appointments made to positions of High Public office was given prominence because of allegations of