29 September, 2020

Blog

A Constitutional Deadlock

By Basil Fernando

Basil Fernando

With the quashing of the appointment, report and any decisions of the Parliamentary Select Committee by the Court of Appeal, a serious question will arise in the event that the government proceeds with the impeachment, removes the incumbent Chief Justice and appoints a new Chief Justice. Such an appointment can be challenged on the basis of the judgement by the Supreme Court and the Court of Appeal, on the grounds of unconstitutionality and illegality.

The Supreme Court, by its interpretation dated 1.1.2013 (delivered by the Court of Appeal on 3.1.2013 as required by law), determined that Standing Order 78/A does, in fact, contravene Article 107(3) of the Constitution. When the case filed by the Chief Justice challenging the report of the seven members of the PSC came up in the Court of Appeal, the arguments were heard fully and the Court made a final order. A Writ of Certiorari was issued, quashing the report of the Parliamentary Select Committee.

On the basis of these two judgments, the removal of the incumbent Chief Justice will be invalid and therefore she will continue to hold office. Under such circumstances, a new person for the same post is unnecessary and therefore cannot be appointed.

Thus, there will be an unresolvable constitutional deadlock.

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Latest comments

  • 0
    0

    It will solved OK – his Panel will advise him that the PSC has given
    an acceptable Report (which will not be made Public) and CJ will be
    asked to go, in keeping with the present Constitution.? MR cannot
    see any deadlock as long as AGs dept is his.

    A change in CJ is necessary for MR and all his supporters in Parliament,
    to enable them to win again in any election – because the voters are such!

  • 0
    0

    Dear Madam CJ.Shirani Bandaranayke and the Judiciary..

    First I honestly tell you all that PLEASE DO NOT TRUST RANIL WICKREMASINGHE TO HELP YOU TO GET HIS SUPPORT. HE INFACT IS A DOUBLE CHARACTER….OR A POLITICAL CROOK WHO IS EVER SERVING HIS MASTER MR BY GETTING AN ANNUAL SALARY OF 86 MILLION RUPEE (OUR MONEY THROUGH MR) AS A BRIBE.

    THE REASON I TELL IS DUE FOLLOWING REASONS.
    ———————————————————————–
    1) RW not only, did not participate to hear the Appeals court hearing…but also restricted the other two UNP PSC members from attending it.

    Please read and listen to the following VIDEO what Mr. Wickremasinghe said during the SiriKotha UNP party membership drive.

    http://www.dailymirror.lk/news/24804-media-must-apologise-to-unp-ranil.html

    1)Ranil clearly say that finally SC said what HE said was the correct decision…..what his correct decision….
    I want to know what correct decision SC verdict to say what RW said was correct.
    What Appeals court said was that Parliament PSC CJ verdict was unconstitutional and viod……So what is Ranil saying other than Lying.

    2) Also RW says that SC CANNOT TOPPLE MR GOVERNAMENT……..I want to know who said that SC is trying to topple MR govt……It is utter lies…….Both CJ, SC, Appeals court and WE are only looking for justice for CJ with an impartial hearing and not to topple the govt.

    3)RW also say that he is treated like a FOOT BALL WHERE HE BOUNCE WHENEVER HE IS BEEN HIT.

    WE KINDLY TELL MR.RANIL THAT HE IS ALREADY A FOOTBALL WITHOUT AIR. THERE IS NO POINT HIM TO THINK WINNING ELECTIONS WHILE HE IS IN THAT SEAT…..AND MAY BE HE KNOWS IT……But with a Rs: 86 million annual pay…….he don’t mind dreaming to be ever to be the opposition leader.

    4)IF RW and the UNP PSC two members came for the Appeals Court Hearing, it would have sent a strong message to MARA not to play politics with Judiciary and with country’s constitution……

    BUT HE PURPOSLY SKIPPED IT AND ALSO FORCED THE 2 UNPer’s not to attend……following MARA’s advise.

    Now he is shedding crocodile tears telling “Speaker to Intervene”……It is the biggest joke one could hear for the whole life. Whom he try to deceive…..MR Paid Joker. Don’t he know that MR is already a dictator. while RW think of winning election in 2014…….What a Joke.

    RANNIL YOU LET US AND THE WHOLE UNP DOWN AND HUMILIATED. ENOUGH IS ENOUGH.

    Finally I tell Mr.Wickremasinghe…..Please if you have any bit of self respect left…..don’t go to President’s house to have BLACK COFFEE WITHOUT SUGAR.

    IF YOU WANT I WILL SEND YOU THE BEST COFFEE IN THE WORLD….ETHIOPIAN OR COLUMBIAN COFFEE……BUT FOR OUR ONE SAKE AND RESPECT PLEASE STAY AWAY FROM GOING TO PRESIDENT’S HOUSE TO HAVE BLACK COFFEE.

    IF YOU WANT TO MEET PRESIDENT…..MAKE IT IN THE PARLIAMENT.

    PLEASE FOLLOW THE EXAMPLE OF MADAM CJ.BANDARANAYKE.

    Thank you.

    Dear Madam CJ.
    ————————————-
    The coming days are going to be very hard for you, SC, Judiciary and all of us who love you for the justice and we people you stand for.

    But please have a lot of extra courage, patience and Will Power and never GIVE UP….

    With God’s help you will come as a winner…….and I am ONE HUNDRED PERCENT SURE OUR GOD ALMIGHTY WILL PROTECT YOU AND WILL SHOW YOU THE WAY. JUST LISTEN TO YOUR INNER VOICE AND ACT ON IT.

    REMEMBER HE DIED FOR ALL OF US….AND YOU ARE BEEN PREPARED FOR THIS….AND PLEASE TAKE IT COURAGESLY AND WITH FAITH.

    YOU HAVE ALREADY WON THE BATTLE AND GOING TO STAY IN YOUR SEAT AS LONG AS YOU WANT AND NO ONE CAN CHASE YOU BECAUSE HIS SPITIT IS WITH YOU.

    PLEASE HAVE YOUR FAITH IN HIM….AND WE PRAY FOR YOU AND FOR YOUR PROTECTION.

    GOD BLESS YOU.

  • 0
    0

    Ther eis no deadlock whatsoever. It will be all over on Friday and the country can get on with life.

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