Panel of legal experts proposes legal reforms for Sri Lanka
March 30, Colombo (LNW): The much-needed legal reforms for a system change have been compiled by a panel of reputed legal experts in order to strengthen the present legal system in Sri Lanka.
These reforms have been applauded by a group of local and foreign legal luminaries who visited Sri Lanka for the presentation of the reforms.
Senior Indian Advocate and President LAWASIA Shyam Divan, President Bar Association of India Prashant Kumar and President Commonwealth Law Association R. Santhankrishnan are amongst those who commended these proposed reforms.
According to Upul Jayasuriya PC, who headed the panel that compiled the proposed legal reforms, if these modifications are not implemented, there is no way the country can go forward with a refined legal framework for the much needed system change.
“Opposition Leader Sajith Premadasa has shown a keen interest on these proposed legal reforms and he promised to name them in his upcoming election manifesto,” Jayasuriya PC said.
Jayasuriya PC is also planning to present these reforms to the leaders of the UNP, SLPP, NPP and also to the members of the Aragalaya who also campaigned for much-needed reforms.
“Parties that really want to bring legal reforms to revive the ongoing legal system and implement change can adopt these proposals,” added Jayasuriya PC.
Amongst the proposed reforms are the establishment of a Constitutional Court with powers to re-examine the laws that are in force on the basis of post legislative analysis that deals primarily with constitutional issues and interpretations.
Some of the other proposed reforms are: All appointments made to this Constitutional Court, the Supreme Court (SC), Court of Appeal (CA) and to the Judicial Service Commission, other than its Chairman, shall be made by the President on the recommendation of the Constitutional Council (CC).
“In the recent past it has become apparent that such a court (Constitutional Court) would be necessary and must be manned by judges who have excelled in constitutional law to focus and improve their inputs in the field of constitutional interpretations,” Jayasuriya PC said.
If any allegation is levelled against any judge, they shall be inquired into by a panel consisting of three retired Judges of the Constitutional Court or the SC.
Such a panel shall be appointed by the Speaker on the recommendation of the CC. Parliament shall, by law, provide for all matters including the procedure for the passing of such a resolution, the investigation and proof of the alleged misbehaviour or incapability and the right of such a Judge to appear and to be heard in person or by a representative.
