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Sunday, 10 March 2002  
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Const. council this week ?

by ANANTH PALAKIDNAR

President Chandrika Bandaranaike Kumaratunga is expected to make a formal announcement on the composition of the Constitutional Council this week, for the creation of the Election Commission and the National Police Commission.

Presidential spokesman Harim Peiris said that the President would make her announcement on the Constitutional Council early this week.

He also said that the 17th Amendment to the Constitution was introduced during the Peoples Alliance government, and assured that the President would not create any obstacle to the process.

Minister of Constitutional Affairs, Professor G.L. Peiris told the Sunday Observer that the President's failure to respond in time means the Election Commission and the National Police Commission cannot be set up before the Local Government polls on March 20.

Commenting on the formation of the two Commissions, Prof. Peiris said that the 17th Amendment to the Constitution required the approval of both Prime Minister and the Leader of the Opposition on five names for the Constitutional Council. He said: "On February 21, Prime Minister Ranil Wickremesinghe and the Leader of the Opposition Mahinda Rajapakse submitted the names of the five members as agreed upon by them to the President to be appointed to the Constitutional Council. But so far the President has not responded to their appointments including her own nominee.

"The 17th Amendment states that once the names of the members have been agreed upon by the political parties for the Constitutional Council, the President should make the appointments forthwith without leaving room for any delay. The word 'forthwith' was included in the Amendment on the insistence of the Janatha Vimukthi Peramuna (JVP).

"All political parties in Parliament are acting swiftly to create the Constitutional Council, but the only stumbling block is the delay on the part of President. The Constitutional Council is the sole authority for creating the Electoral Commission and the National Police Commission which the people want, to be free of political interference.

"The delay in obtaining the President's approval for the Constitutional Council has created a situation in that the two Commissions could not be formed before the forthcoming Local Government polls this month," Prof. Peiris said.

Presidential spokesman Mr. Harim Peiris confirmed that President received the names as agreed upon by the Prime Minister and the Leader of the Opposition for the Constitutional Council.

"The Presidential Secretariat has received the letter in that connection on February 21. But there were other issues and vital meetings to be attended by the President," he said .

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