General

The Speaker of Parliament, Dr. Jagath Wickramaratne, has ruled that a motion put forth by 31 Members of Parliament on 21 November 2025, which called for a parliamentary select committee to supervise the Judicial Service Commission (JSC), is not valid and goes against the Constitution. This motion, led by Leader of the Opposition Sajith Premadasa and other opposition members, aimed to look into the JSC’s powers regarding the appointment, promotion, transfer, dismissal, and discipline of judicial officers. It also intended to suggest changes to the Constitution and laws, as well as new guidelines and appeal processes to fix reported issues. During a detailed explanation in today’s parliamentary session, Speaker Wickramaratne stated that the JSC is a key part of the judiciary and holds the judicial power of the people, as mentioned in Articles 111D, 111H, 111K, and 111L of the Constitution. He pointed out that the JSC operates independently from the executive and legislative branches, and that parliamentary review of its decisions would breach the principle of separation of powers. “The role and aim of the Judicial Service Commission represent the exercise of the people’s judicial power and are thus protected constitutionally for judicial independence,” the Speaker remarked. He added that while Parliament manages public funds and has responsibilities, this does not allow it to have authority over judicial matters. Quoting Sri Lankan and international legal principles, including Supreme Court decisions, the Speaker emphasized that judicial independence should not be influenced by politics or legislative actions. His ruling highlights that any parliamentary effort that intrudes upon the JSC’s powers would violate the Constitution and undermine the judicial authority of the people. Speaker Wickramaratne noted that this decision will be significant in Sri Lankan parliamentary history, reinforcing the nation’s dedication to the separation of powers and the independence of the judiciary.