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Saturday Dec 14, 2024
Friday, 30 November 2012 03:27 - - {{hitsCtrl.values.hits}}
By Ashwin Hemmathagama Our Lobby Correspondent
Speaker Chamal Rajapaksa in a special address in the House last evening ruled that no external institutions can direct Parliament and members of the Legislature are not bound by court order.
He said no outside body can question his rulings, the Parliament, or a committee appointed by him.
The Speaker’s ruling followed a question of privilege raised by Leader of the House Nimal Siripala De Silva, who asked for a verdict on whether notice served on the Parliamentary Select Committee set up to probe the impeachment against the Chief Justice by the courts constituted a breach of Parliamentary privilege.
De Silva made submissions that all members of the PSC had been issued notice by the Supreme Court after petitioners challenging the impeachment process cited all 11 members of the legislative committee and the Speaker of Parliament as respondents in the case.
“The PSC is abiding by your instructions and guidance. There are no provisions for third parties, institute or courts to provide recommendations or directives to the PSC appointed by you. As members we are bound to protect Parliament from all threats,” De Silva told the House yesterday raising a point of privilege.
He asked the Speaker to rule on whether the court issuing notice on the members of the PSC constituted a breach of Parliamentary privilege for legislators.
He quoted the ruling given by former Speaker of Parliament Anura Bandaranaike, in 2001, during which Parliament’s supremacy was asserted and it was determined that the courts had no power to issue injunctions on members of Parliament.
“It is a fact that such decisions has no binding effect on Speaker, the Parliament, or and members of the PSC. In 2001, Speaker Anura Bandaranaike held Supreme Court has no jurisdiction over the Parliament. So, we expect your decision on this,” said Minister de Silva.
Supporting De Silva’s submissions, Opposition Leader Ranil Wickremesinghe said that the 1978 Constitution had not necessarily been framed on Montesque’s Separation of Powers theory. “Whether we like it or not, we have to follow the provisions of the 1978 Constitution when we handle the impeachment,” he added, urging Speaker Rajapaksa to follow former Speaker Bandaranaike’s lead.
During the impeachment motion against former Chief Justice Sarath N. Silva, the Supreme Court issued an injunction on the PSC proceedings but was overruled by Speaker Bandaranaike who determined that Parliament was supreme and did not have to answer the dictates of the courts.
The process to impeach Chief Justice Shirani Bandaranayake has been undertaken by the PSC under the regulations stipulated in Standing Order 78A of Parliament, after a resolution of impeachment was tabled in parliament on 6 November with the signatures of 117 UPFA Members of Parliament.
The process is facing mounting legal challenges with seven writ applications being referred to the Supreme Court by the Court of Appeal for Constitutional interpretation of Article 107 of the Constitution which pertains to the appointment and removal of judges.
