By Hasarindu Rajapaksa | Translated By Akitha Wijayasinghe
If the proposed 20th amendment is passed, the Judiciary will be under the president and it is against the theory of devolution, lawyer Jagath Liyanarachchi said.
He told Medialk.com through this amendment the independent committees will be abolished and they will become commissions under the executive president.
According to 20A, the President has the authority to dismiss any commissioner of the Judicial Service Commission (JSC), Mr. Liyanarachchi said.
He showed that many vital processes of lower court judges and judicial scheduled officers, such as appointments, promotions, transfers, disciplinary investigations and closing test services were done by the JSC.
He also emphasized that a commissioner of the JSC was removed only by passing a parliamentary proposal. And since 1946, the authority of the commission was kept away by the executive, he added.
He mentioned that through this 20A, the President obtains the power to remove and appoint the members of the JSC, and can sway the decision of the commission to his advantage.
"This is an extreme situation. It goes against the theory of devolution by Montesquieu. All these cause the Judiciary to carry out orders by the executive. This has an adverse effect on people. If I simplify this further, the Executive gets a direct opportunity to interfere with the judiciary. The Independent Commission Councils which were introduced by the 19th amendment will become Commission Councils of the Executive, after the 20A is passed," Mr. Liyanarachchi said.