11 independent commissions defunct amidst political drama
Sri Lanka’s independent commissions appointed to oversee the public service, judiciary, finance, the police, elections, and human rights, etc have become defunct as at November 19 following the expiry of the 3- year term of office of its chairmen and members.
President Maithripala Sirisena has to re-appoint them or new members following the approval of the Constitutional Council in accordance with the 19th Amendment to the Constitution.
The present members of the 11 commissions - the Election Commission, Public Service Commission, National Police Commission, Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, Nat i o n a l P ro c u rement Commission, University Grants Commission and Official Languages Commission were appointed on November 19, 2015.
“The President has to appoint new members or extend the term of office of chairmen and members to these commissions overseeing state institutions for the next three years commencing from November 19 according to the provisions of the 19th Amendment,” a top official of the Speaker’s Office told the Business Times.
The operation of these commissions at present is limited to day- to- day administration while there is an urgent need to reconstitute those establishments by appointing new members or extending the term of office of present members of the commission, he disclosed.
The normal procedure of appointing new members to these commissions has been blocked due to the ongoing political crisis instigated by the President making it impossible for the members to take decisions.
A senior officer of Sri Lanka Administrative Service told the Business Times that the President has not taken any action to reactivate these commissions or to extend the term of office of present members creating another crisis in the public administration.
If the political impasse continues unresolved then the 11 independent commissions will be without independent leadership and thus come under the direct control of the government, he disclosed.
The chairmen and members of commissions cannot “exercise, perform and discharge all their powers duties and functions" relating to public service, judiciary, finance, the police, elections, and human rights, etc under the present circumstances, he disclosed.
He noted that these commissions currently continue to function under interim provisions in the 19th Amendment to the Constitution.
“It is difficult to carry out normal functions due to financial constraints imposed by the Treasury. This is where the true independence of the Commission is tested,” he said.
The President has to act promptly pursuant to the 19th Amendment to the Constitution to reconstitute the independent commissions to continue progressive institutional reforms reshaping a decrepit political culture with a high tolerance for authoritarianism and corruption, political analysts said.