Impeachment: constitutionally correct – Choksy

Veteran Constitutional lawyer and President’s Counsel, K. N. Choksy said the procedure adopted by the Government in the impeachment motion against Chief Justice Shirani Bandaranayake and the PSC hearing is constitutionally correct.

He said that Sri Lanka’s Constitution is based on the Rule of Law and that no democracy can function effectively unless the law is applied to every individual and institution. The State itself is required to observe and administer law and justice.

“The Constitution devotes an entire chapter to the Independence of the Judiciary, without which justice cannot prevail. The Select Committee of Parliament has completed its enquiries and made its Report to the Speaker. Parliament will now consider the proposed impeachment of the Chief Justice,” the former UNP Minister said.

He said there is neither provision made nor room for the appointment of a Commonwealth Panel of Judges. “Such a move will be ultra-vires the Constitution. Parliament has to act according to our Constitution and Standing Orders. It cannot adopt ad-hoc measures. The procedure adopted by the Government so far is constitutionally correct,” he said.

Choksy said that there is no requirement to adopt any other procedure including the proposed Commonwealth Panel of Judges as Sri Lanka’s Constitution has an open system for the impeachment of Superior Court Judges.