The Constitutional Council discarded applications to the Police Commission and Human Rights Commission, and called for fresh applications last week.
Last weekend The Sunday Times reported that the Constitutional Council called for applications again as there were only 10 applicants in the previous call – they weren’t able to make a recommendation from them. The Examiner was unable to independently verify the number of applicants. In 2023, the last time applications were called for these two commissions, 246 people applied to the Police Commission and 171 applied to the Human Rights Commission.
Critics fear that procedural changes and delay will put-off high-calibre candidates, reducing the ability of these powerful commissions to hold the government and bureaucracy accountable.
The two high-profile commissions, which enjoy constitutional protection, are designed to ensure independence and accountability on the part of the police and the state.
The Police Commission is ultimately responsible for police recruitment, transfers, and discipline, while the Human Rights Commission’s role is to protect citizens’ rights. These commissions have intervened at critical moments, like when Sarath Fonseka was detained in an army camp after losing the presidential election. They have also failed to act; for example, the Police Commission promoted officers who the Supreme Court called torturers.
While the Constitutional Council searches for candidates, sitting commissioners will continue to serve until new ones are found.
Nominations not welcome
Historically, the council relied on nominations from both council members and professional bodies. The council evaluated those who were nominated and decided who to appoint, based on criteria like integrity, capability, and conflicts of interest.
This process changed to an application-only one in 2024.
The Human Rights Commission, along with scholars The Examiner spoke to, think the Constitutional Council shouldn’t rely solely on applications when making appointments. Instead they think the council should also allow nominations — the earlier practice from when the independent commissions were created decades ago. Many distinguished citizens, like former Supreme Court judges, are unlikely to apply for a poorly paid and demanding job. But they will take on the job if nominated, they feel.
The first Constitutional Council created a database of eminent persons based on 182 nominations. “Sometimes most of the people don’t like to apply, the people who apply may not be suitable,” said Prathap Ramanujam who was a Constitutional Council member.
Another former member said “by calling for applications I don’t think you get the best”. His council hand-picked members, getting people like Jayantha Dhanapala, an esteemed diplomat, and A.T. Ariyaratne, Sarvodaya’s founder, to join.
One commissioner also thinks the council should’ve extended the deadline, rather than calling for fresh applications as “good candidates” who applied in the first round may not apply again.
