Eran questions validity of IGP’s appointment

SJB MP Eran Wickramaratne alleged on Monday (04) that the procedure laid down in the Constitution in respect of approving appointments to high posts by the Constitutional Council (CC) had been violated. The former UNP State Minister said so commenting on the appountment of Deshabandu Tennakoon as the IGP. As the CC hadn’t adhered to due process, the new IGP’s appointment deemed to have been made violating the Constitution.

Addressing the media at the Opposition Leader’s Office, the Colombo District MP said that the President had nominated the Acting IGP Deshabandu Tennakoon as the IGP . According to the 21st Amendment to the Constitution, the President has the option of nominating anyone to the post of IGP and he is the appointing authority but subjected to the approval given by the CC.

The MP said: “When a name is proposed for an appointment to the Constituional Council it is usually expected to be approved initially by a unanimous decision based on general consensus. If there is no agreement, another name can be proposed to avoid the misunderstanding between the executive and the legislature.”

“However, even if there is no agreement, a vote should be held.”

In the case of approval being given by vote there should at least be five votes in favour of an appointment. The Speaker or the presiding officer has no voting power. Depending on the number of members representing the CC there is a possibility for a tie with four votes to each side. In such a case the Speaker has the deciding vote.

In the case of approving the appointment of the IGP there were four votes in favour two against and two refrained from voting to either side. Accordingly votes received fourwere in favour and two against it proving that the appointment of Mr. Tennakoon as the IGP was not approved by the CC. As it was not a tie the Speaker has no right to cast a vote. This proviso is mentioned in Article 41 E 4 of the Constitution. Speaker has actually acted in mala fide, he said.

Accordingly, as per articles of the Constitution, the appointment of the current Inspector General of Police is an appointment that has not been approved by the Constituent Assembly. Therefore, Wickramaratne emphasized that it is also a violation of the constitution.