A group of opposition Members of Parliament has written to the Speaker of Parliament, who also serves as Chairperson of the Constitutional Council, raising concern over prolonged vacancies in Sri Lanka’s higher judiciary.
In their letter, the MPs draw attention to four unfilled vacancies in the Supreme Court and four in the Court of Appeal, stating that the positions have remained vacant for an extended period. They argue that the delay in filling these posts appears inconsistent with Article 107(1) of the Constitution, which provides for the appointment of judges of the superior courts by the President, subject to the approval of the Constitutional Council.
The MPs have requested the Constitutional Council to ascertain whether the Chief Justice has formally notified either the Council or the President regarding the existence of these vacancies. If such notification has not been made, they urge that the reasons for the omission be examined.
The letter states that the continued existence of vacancies in the superior courts may discourage eligible senior judges from expecting timely consideration for promotion and could create uncertainty regarding judicial career progression. It also raises concerns about equal protection under the law, as guaranteed by the Constitution, in the context of delayed appointments.
Beyond individual implications, the MPs warn that the vacancies are affecting the efficient administration of justice, increasing the workload on serving judges, and potentially undermining public confidence in the judicial system. They further reference Article 4(c) of the Constitution, which places responsibility on the state to ensure the effective exercise of judicial power through properly constituted courts.
In their appeal, the opposition MPs have requested the Speaker, in his dual capacity, to bring the matter before the Constitutional Council and the President for urgent consideration. They also call for the issue to be highlighted in Parliament as a constitutional concern requiring prompt action. (Newswire)
