Higher court appointments face legal criticism as Truth Seekers warn delays threaten judicial independence and public justice.
Higher court appointments have become a fresh constitutional flashpoint after “Sathya Gaveshakavo” (Truth Seekers) accused the executive of endangering the rule of law and judicial independence.
The organization said the continued delay in appointing judges to the Supreme Court and the Court of Appeal creates a serious threat to the country’s justice system. It also said President Anura Kumara Dissanayake’s recent statement in Parliament raises grave concerns under public law and the Constitution.
In a statement signed by Attorney Premnath C. Dolawatta, the group rejected the President’s reasoning. It said administrative problems in the lower courts cannot legally justify delays in higher court appointments.
Higher Court Appointments Under Scrutiny
According to the statement, the Constitution places the recruitment and administration of Magistrates and District Judges entirely under the Judicial Service Commission (JSC).
However, the appointment of judges to the higher courts remains a special responsibility of the President, subject to approval by the Constitutional Council. Therefore, the group said the executive has no lawful power to hold the composition of the higher courts “hostage” because of systemic failures in another branch of government.
The statement also warned that the delay causes irreparable professional harm to career judges. It said the executive disregards their “Legitimate Expectations” when it leaves vacancies unfilled without a lawful basis.
Truth Seekers said this artificial delay reduces the period available for senior judges to serve in the higher courts. As a result, it disrupts leadership succession across the entire judicial system.
The organization further said the government cannot deny constitutional rights due to its own administrative weaknesses. It argued that the delay directly violates Article 12(1) of the Constitution.
The statement also noted that vacant benches in the higher courts delay appeals and fundamental rights petitions. This, it said, creates severe injustice for the public.
Truth Seekers urged the executive to act immediately to protect judicial independence and speed up the filling of vacancies in the higher courts.
