The Bar Association of Sri Lanka (BASL) has called for special consideration to be given in the appointment of new civil society representatives, as the terms of the three current civil society members serving on the Constitutional Council are due to expire in January 2026.
In a letter addressed to the President, the Prime Minister, the Leader of the House of Parliament, and the Leader of the Opposition, the Bar Association stated that the existing civil society representatives—Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundara, and Professor Dinesha Samaratne—have rendered commendable service during their tenure on the Constitutional Council.
The BASL highlighted that the Constitutional Council, established under Article 41A of the Constitution, plays a vital role in ensuring the independent functioning of independent commissions and in appointments to key state institutions. It further noted that appointments to independent commissions, as well as to high offices such as judges of the Supreme Court and Court of Appeal, the Chief Justice, and the Attorney General, cannot be made without the recommendation or approval of the Constitutional Council.
The Association emphasized that, under Article 41A(3)(e) of the Constitution, the three civil society representatives of the Constitutional Council must be nominated by the Leader of the House of Parliament with the consent of the Prime Minister and the Leader of the Opposition, and subsequently appointed by the President.
Recalling the history of the Constitutional Council, the Bar Association noted that it was first introduced through the 17th Amendment to the Constitution in 2001 with the objective of minimizing political influence and establishing independent commissions. While the 18th, 19th, and 20th Amendments altered its powers and structure, the 21st Amendment re-established the Constitutional Council with broad political party representation, with the aim of strengthening consensus and accountability.
Expressing deep concern over the rule of law, the independence of commissions, and the credibility of appointments to senior state positions, the BASL stressed that newly appointed civil society representatives should be individuals of the highest ethical standards, widely accepted by society, and capable of making a meaningful contribution to the work of the Constitutional Council.
The Bar Association further emphasized that these appointments should be made after considering views received from civil society and professional bodies, including legal professionals.
Taking these matters into account, the Bar Association expressed confidence that the relevant authorities would take the necessary steps to strengthen democratic governance and ensure the continued independence of the Constitutional Council.
