The New Nation - Internet Edition

THE Adviser for Law and Information recently outlined to the press a plan to bring into existence a Constitutional Council (CC). The express purpose of it would be ensuring the selection of competent, scrupulous and non-political persons to the Judiciary and constitutional bodies like the Election Commission (EC), Public Service Commission (PSC) and the University Grants Commission (UGC). The idea of the formation of the CC is a very sound one indeed. Hardly any quarter having sensibility and the desire for sustainable progress of the country will find any objection to raise against this plan. Indeed, it would be warmly received by all who wish the country to make progress in all spheres avoiding the kind of catastrophic conditions that prevailed in the country prior to the takeover by this caretaker government

All of the previous political governments tried to fill positions in the vital state institutions mentioned above with their own supporters with the least consideration for impartiality, competence and integrity of the appointees. The moves by successive governments to politicise all pivotal state institutions such as the above led squarely to a kind of situation that honest and scrupulous actions on their part became deeply suspect Thus, the caretaker government has made it its top priority to reform these institutions and restore their health. This has certainly happened in relation to the PSC and the EC. But reforms of the Judiciary, specially the higher Judiciary, cannot be similarly atempted without the formation of a body like the CC.

The proposed council would need to be empowered not only to ensure the dependability and cleanliness of future appointments. The delegation of powers to it to carry out removals of persons from their existing positions in the higher Judiciary based and justified upon scrutiny, will be also very important for the CC to carry its activities to a comprehensive and successful conclusion.

The composition of the proposed CC as has been reported looks good on the face of it It would have seven members including the President of the Supreme Court Bar Association (SCBA). The other members would be ministers and senior-most judges of the Appellate Division of the Supreme Court But for dynamism, incorruptibility and checks and balances within this vital body may require the inclusion of some more members. The inclusion of the SCBA President may lend the body a genuine element of freedom from any form of official coercion. But at least two other members may be from the Judiciary, preferably retired justices of the Supreme Court with good track records. One member may be from the civil society the media with similar reputation of neutrality and integrity. The biggest gain of forming the proposed CC would be strengthening of the elements of stability of the system.