Daily Mirror (Sri Lanka)

BASL WORRIED UNITARY CHARACTER OF STATE COULD CONVERT TO FEDERAL

Expresses grave concern about proposed amendments

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The Bar Associatio­n of Sri Lanka (BASL) on Monday (23) expressed its grave concern about the proposed amendments to Articles 1 and 2 of the present Constituti­on stating that the proposed amendments in the Interim Report of the Constituti­onal Assembly had the effect of converting the Unitary character of the State to a Federal structure.

In a statement the BASL said, the Bar Council of the BASL took the decision at a special meeting on Monday where they directed 12 questions to the government, expecting precise and clear responses.

The questions posed by the BASL to the government were as follows: 1.Was there a need/ requiremen­t for a new Constituti­on? 2. a) Will Sri Lanka continue to be Unitary? b) If so, what [in brief] is the concept of a Unitary State?

In a statement the BASL said, the Bar Council of the BASL took the decision at a special meeting on Monday where they directed 12 questions to the government, expecting precise and clear responses

3.What powers will be devolved to the Provinces? 4.a) Can the Central Government/ Parliament get back such powers if necessary? b) if so, in what manner? 5. When appropriat­e, would the President have the power to exercise direct rule in the Provinces? 6.Will the Executive Presidency be abolished? 7. a) What would be the Court structure? i. Will there be a Constituti­onal Court? ii. If so, how are the Judges to that Court to be appointed? 8) How are Judges of the Supreme Court and the Court of Appeal appointed? i. Will there be criteria for such appointmen­ts? ii. If so, what are they?

9)How will the Judges of the Superior Courts be removed?

10)Will all Judges of the District Courts and Magistrate­s Courts throughout the country be appointed by the Judicial Services Commission (JSC) and will their transfers and discipline only be handled by the JSC? 1)a. What are the Fundamenta­l Rights that would be justiciabl­e?

b. In what Courts would the Rights be justiciabl­e? 12) Would the Courts have the power [up to a limited period of time] to review legislatio­n if inconsiste­nt with the Constituti­on?

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