January 16, 2013 | The Hindu
Sri Lanka’s democratic institutions are in
ferment once again. The impeachment of Chief Justice Shirani Bandaranayake and
her quick replacement with former Attorney General Mohan Peiris come as an
unsavoury climax to an unedifying standoff between the judiciary on the one hand
and the legislature and executive on the other. The episode is one more
instance of President Mahinda Rajapaksa placing his own and his regime’s
interest over that of the country and its institutions. It is certain to
contribute to institutional decay, attract international opprobrium and
underscore the impression that Sri Lanka is ruled not by law but by the will of
individuals. And the worrying fact about the country’s travails is that its
chief executive, who ought to be the one most concerned about it and do more to
strengthen them, is actively contributing to the undermining of its
institutions. The country’s Parliament ignored judicial decisions against the
validity of a parliamentary inquiry against Chief Justice Bandaranayake and
went ahead with her impeachment. Mr. Rajapaksa lost little time in accepting
the impeachment motion and appointing the Cabinet’s legal adviser to replace
her. To external observers, the merit, or lack of it, in the charges said to
have been proved against Ms Bandaranayake is of little consequence. Rather, the
timing of the impeachment — coming close on the heels of a Supreme Court
determination that a new law on development needed ratification by all
provincial councils — is worthy of notice. The process, too, was of doubtful
legitimacy, and the parliamentary vote, largely on party lines.
The legal fraternity in Sri Lanka is already up
in arms against the appointment of a new Chief Justice, as large sections of it
seem to believe that the impeachment is a nullity as the parliamentary report
based on which it was pursued has already been quashed by the Court of Appeals.
Even if Mr. Peiris settles down in his post, it is doubtful if his rulings will
command credibility. President Rajapaksa may be unable to undo this irreversible
action, but the latest institutional crisis might help remind him that
cleansing the judiciary is not a perfunctory task; rather, it requires a
well-thought-out process involving appropriate legislation that safeguards the
institution’s independence while ensuring a truly independent inquiry into
charges of misconduct against judges.
