Sarath Wijesinghe President’s Counsel

Independence of the judiciary

This article is prompted due to the article on Sunday Island by Professor G L Peris on the constitutionality and impact on the independence of the judiciary on the amendment proposed on the constitution. Sufficient protection is given in the constitution on the independence of the judiciary in addition to the conventions practices and powers given to judges on laws on contempt of court. The thesis of the article mentioned is that proposed changes to the constitution are injurious to interiority and independence of judges due to ad-hoc legislation on the proposals to judges and not all government servants. There are ample constitutional provisions on the consultation to protect the independence of the judiciary and they are well paid and protected legally with safeguards during the course of professional duties. Are the judges independent is a moot issue and the readers are advised to read the article by the winter on the subject by browsing the internet. But we can certainly and openly say that judges in the world are independent except for few Banana Republics. In Sri Lanka some judgments on matters of political nature and the way bail is granted are worrying to observe as independent careful and vigilant citizens, and shall not discussed the issue on independence of judiciary in Sri Lanka any longer.

Constitutional Changes proposed

It is suggested to prepare a different salary structure and extensions to judges only on ad hoc basis and not commonly to all the public servants agitating for salary adjustments. Why only for judges is definitely a question when the country needs experienced professionals when other countries opt to use their knowledge and experience not found anywhere except on them. Chanes must be blanket and reasonable not confined to a certain group. Professor Peris has clearly argued that it is not safe and proper to consider judges special for whatever reasons that are based on. It is also noted that judges are paid well with lot of perks and especially the Supreme Court discouraging them to accept lucrative and powerful position which is in the form of a bribe. There was a Chief Justice who was appointed Chairman of a Bank and others on powerful diplomatic positions which is wring and unethical. There was another CJ who directly involved in politics with his friend then President who became the most controversial Chief Justice late Victor Ivon followed and filed many cases against on controversial and semi political issues.

Retirement of Judges in the USA and other countries

No retirement ages for the judges of Supreme Court in USA or Professors in universities as they need their experience maturity and knowledge to the country that could not be obtained otherwise. In the Privy Counsel the judges continue to serve at maturity ages and are sharp and smart. Therefore, it is a good idea in Sri Lanka too consider obtaining the services of experienced judges and government servants without effecting the proportion process and governance in the government machinery.

Way out

In the circumstances it is proposed to seek assistance of the Bar Association and arrive at a compromise as Minister of Justice who is a good listener and a student of law as a legal practitioner to come down from the Ivory Tower where his colleagues are on ,  and plan the best for the citizen to find answers to laws delays, Independence of Judiciary, incompetence  prevent mass scale bribery and corruption spread  as air  of judiciary including a proper training  on practice and judiciary temperament of the judges especially the minor judiciary. Sarath Wijesinghe PC Solicitor