Dangerous precedent for judicial integrity

Last week, former Chief Justice Jayantha Jayasuriya presented his credentials as Sri Lanka’s Permanent Representative to the United Nations (PRUN) in New York representing not just a troubling development for the judicial system, but a step backward for the country’s democratic and legal institutions. Jayasuriya’s appointment sends a disturbing message to all serving judges who are meant to be independent of the executive: the price for serving the Government’s interests is not just political survival, it’s the promise of a cushy, high-profile post in retirement. In other words it is a bribe to the judiciary. 

It’s not merely the appointment itself that raises eyebrows but also what it symbolises about the nature of judicial independence. Jayasuriya’s new role is a glaring reminder of the perilous relationship between the judiciary and executive power in the country, where judges are seemingly rewarded for their political loyalty. This, sadly, is not a new phenomenon, but rather a disturbing trend that continues to undermine the integrity of the judicial system.

The parallels to the appointment of Mohan Peiris as the Permanent Representative to the UN in New York under former President Gotabaya Rajapaksa and subsequent administrations should not be lost on us. Peiris’s tenure, which followed his appointment as Chief Justice after the controversial impeachment of Chief Justice Shirani Bandaranayake, is now etched in the annals of Sri Lanka’s judicial history as one of the most egregious examples of judicial corruption. His appointment to the UN post was a reward for his acquiescence to the political interests of the Rajapaksa regime. The fact that the current administration has followed Peiris’s example is abhorrent. 

The fact that Jayasuriya has followed this path, stepping into the very same position vacated by Peiris, only reinforces the perception that the judiciary’s independence is for sale. The message is loud and clear: if you follow the Government’s orders and toe the political line, the rewards are lavish. These perks do not come in the form of improved judicial reforms or transparency, but in the shape of plush diplomatic assignments that are nothing more than a reward for political servitude.

Jayasuriya’s appointment comes the same week that India’s Chief Justice announced that he and his colleagues in the Supreme Court have made a public pledge not to accept any post-retirement roles or positions from the government to ensure public trust and judicial integrity. 

In contrast, Jayasuriya’s appointment is not just a bad precedent, it is an affront to the rule of law. It signals to the public that the judicial system is beholden not to the law or the Constitution, but to the whims of the executive. Such decisions don’t just erode trust in the judiciary, they actively undermine the core pillars of governance. Where is the safeguard against executive overreach if those tasked with upholding the law are nothing more than ambassadors in waiting to be appointed by the President?

President Anura Disanayake and his administration, despite their promises of reform and systemic change, have shown that they too are willing to indulge in such practices. The continuation of this toxic cycle will only serve to further entrench the culture of impunity that has long plagued Sri Lanka’s political and legal spheres. For all the talk of reforms and a “system change”, such decisions prove that the same old game is still being played. If the executive can reward its loyal judges with plum diplomatic positions, the message is clear to those serving in those positions, they too can expect plum retirement positions if they do the bidding of the current administration. 

This type of judicial corruption is not just morally indefensible, it is a recipe for disaster. A judiciary that answers to the executive is no judiciary at all. It is simply an extension of the Government’s will, no matter how unjust or unconstitutional that will may be. Without a genuinely independent judiciary, Sri Lanka’s democratic institutions are at risk of being hollowed out, leaving the country vulnerable to a slide into autocracy.

The people of Sri Lanka deserve better. They deserve a better judiciary and a better diplomatic service that is free from political interference. If the current administration is serious about reform, it must start by rethinking such appointments and ensuring that the judiciary and the foreign service are held to the highest standards of integrity. Anything less will only continue to erode the trust of the public.

In the long term, such appointments will weaken the State itself, as they provide the executive with unchecked power. Judicial corruption at this level is not just a blemish on the country’s legal history but it’s a profound threat to the democratic future of the nation.

Jayantha Jayasuriya is one of several poor choices for diplomatic postings in recent months with many party loyalists and relatives of political powerbrokers appointed to important diplomatic positions due to nepotism. This is not the system change that was expected from president Disanayake but a repeat of the Rajapaksa era cronyism.