Promoting judicial diversity should be a State policy: Judge Rajakaruna
Promoting judicial diversity by developing guidelines and the implementation of strategies should be a policy of the State, newly appointed Court of Appeal Judge Sobitha Rajakaruna said.
Speaking during the ceremonial welcome accorded to him by the Bar on Tuesday, Justice Rajakaruna stated that the 1947 Constitution and both the Republican Constitutions of Sri Lanka have provided adequate measures for protection for the judiciary. They are not without defects, but many liberal democracies not having much constitutional protections have achieved greater levels of judicial independence, he opined.
“The appointment of Judges to the higher Judiciary by the Executive limb of the Government also immensely contributes favourably or otherwise to the safeguard and the protection of the Independence and the stability of the Judiciary and the rule of law,” he further added.
“The meeting of Commonwealth Law Ministers and Senior officials held in Colombo in November last year discussed the Commonwealth Guidelines on this aspect. The Commonwealth Compendium on the Appointment, Tenure and Removal of Judges addressed the need for judicial diversity, but focused on judges in the superior courts or the higher bench. The compendium places emphasis on the fact that commonwealth countries have adopted equality of opportunity, appointment on merit and consideration of the need to address gender inequity and other historic factors of discrimination as fundamental objectives of their judicial appointment systems. Several commonwealth jurisdictions have developed strategies to promote judicial diversity and collecting these good practices will be a first step towards developing commonwealth guidelines on promotion of judicial diversity.”
According to the paper No SOLM(19)6 issued by the Commonwealth Secretariat on this topic at the said Law Ministers meeting, judicial diversity is one of the most critical, yet often undermined, linchpins of access to justice, and is relevant to promoting access to justice and the rule of law, Judge Rajakaruna pointed out.
He noted that in Sri Lanka, there is no judicial appointments’ committee or an appointments process, which is available in some countries which have given thought to judicial diversity. Similarly, there is no recruitment scheme available for higher Judiciary unlike for minor judiciary.
He also stressed that the independence of the Judiciary is a ‘right’ of the Judiciary, and the duty of the Judiciary is impartiality. Promoting judicial diversity by developing guidelines and implementation of strategies should be a policy of the State, he stressed.
Solicitor General Sanjaya Rajaratnam pointed out that prior to joining the judiciary, Justice Rajakaruna served for more than 25 years at the Attorney General’s Department. “The manner in which His Lordship has conducted himself as a Counsel of the State is a fitting example for all aspiring State Counsel. Justice Rajakaruna attended to his work in an honourable manner, with patience and diligence; these are character traits that all State Counsel should emulate. Having led by example, I am most certain that the young counsel who have worked with you will not forget to uphold and cultivate these traits,” he remarked.
“I know that the Court of Appeal is privileged by the appointment of His Lordship, but more so the litigants who seek justice. I say this because, patience has been a virtue which his Lordship has demonstrated right throughout his career, and I cannot but emphasise the need for Judges to give a patient hearing. In this regard, Your Lordship has a temperament that befits a judge,” he further added.
“I wish to place on record that Your Lordship is regarded by the Bar as a capable Counsel; an independent public official; and above all as a person imbued with the personal qualities, characteristics and ethics that make Your Lordship eminently suitable to adorn the bench of the Court of Appeal of the Republic,” said Bar Association of Sri Lanka (BASL) Vice President Shavindra Fernando, welcoming Justice Rajakaruna on behalf of the Bar.
“After having served and defended the State in Court for the last 25 years, Your Lordship will now be called upon to adjudicate on issues concerning ordinary litigants, as well as disputes arising between the State and ordinary litigants. We are of the utmost confidence that Your Lordship has the maturity, the sincerity and the integrity to adjudge such issues courageously and with absolute impartiality,” he added.