Colombo, July 26, 2024 — The Bar Council has issued a strong rebuttal to Prime Minister Dinesh Gunawardena’s statements regarding the appointment of an Acting Inspector General of Police (IGP). Saliya Peiris, President’s Counsel for the Lawyers Collective, challenges the Prime Minister’s assertion that decisions by the Constituent Assembly are immune from judicial scrutiny.
In his address to Parliament, Prime Minister Gunawardena asserted, “The Supreme Court cannot question the decisions of the Constituent Assembly. The Police Ordinance Act stipulates that an Inspector General of Police cannot be dismissed abruptly. The position is currently held by the former IGP, and there is no vacancy for an Acting IGP. Parliament’s decisions are final and beyond judicial review, rendering any legal action against the appointment of an Acting IGP invalid.”
Peiris responded by critiquing this interpretation, stating, “Prime Minister Gunawardena’s statement that courts cannot review decisions made by the Constitutional Council is fundamentally flawed. Article 41 (O) of the Constitution explicitly provides that decisions of the Constitutional Council are subject to Supreme Court review. If the President is unable to perform their duties, the Constitution mandates the appointment of an Acting IGP. The President has a constitutional duty to make this appointment and cannot evade this responsibility through misinterpretation of the law.”
Peiris further elaborated on the constitutional framework, explaining, “The Constitution clearly outlines the procedures for appointing an Acting IGP if the President is incapacitated. The claim that such appointments are unnecessary or outside judicial oversight is incorrect and undermines constitutional provisions designed to ensure governance continuity and legal accountability.”
This disagreement underscores the ongoing debate over the balance of power among Sri Lanka’s legislative, executive, and judicial branches. It raises critical questions about the extent to which Parliament’s authority can be reviewed by the judiciary and the role of constitutional provisions in ensuring effective governance. The Bar Council’s response highlights the need for adherence to constitutional norms and reinforces the judiciary’s role in overseeing and upholding legal and constitutional standards.
