The Bar Association of Sri Lanka (BASL) has requested the government, Speaker and the Opposition that the appointment of civil society members to the Constitutional Council should be done in consultation with the civil society and professional organisations, including the BASL.

The following is the text of the letter dated Dec 22, 2025 , addressed to President Anura Kumara Dissanayake, PM Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickramaratne and Opposition Leader Sajith Premadasa: “BASL wishes to draw your collective attention to the forthcoming expiry of the tenure of the three Civil Society representatives presently serving on the Constitutional Council in January 2026.

The Constitutional Council, established under Article 41A(1) of the Constitution, plays a pivotal role in ensuring the independent functioning of the Commissions of the Republic and in relation to appointments to High Offices. Under Article 41B(1), no person may be appointed as Chairperson or member of the Independent Commissions listed in the Schedule to that Article without the recommendation of the Constitutional Council. Moreover, appointments to High Offices–including the Chief Justice and Judges of the Supreme Court, the President and members of the Court of Appeal, and the Attorney General – -contained in the Schedule to Article 41C, cannot be made without the approval of the Constitutional Council. The Council therefore occupies a central place in safeguarding the independence of institutions and the integrity of appointments to the highest offices of the State.

In terms of Article 41A(3)(e), three members of the Constitutional Council are to be nominated by the Speaker of Parliament with the agreement of the Prime Minister and the Leader of the Opposition, and thereafter appointed by the President.

At present, Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere, and Prof. (Mrs.) Dinesha Samararatne serve as Civil Society representatives. They have rendered commendable service during their tenure, which is now drawing to a close.

It is important to recall that the Constitutional Council was first introduced in 2001 by the 17″ Amendment to the Constitution, thereby establishing independent commissions and depoliticising appointments. Subsequently, under the 18th, 19th, and 20th Amendments, the powers and form of the Council were altered. The present Constitutional Council was re-established by the 21 Amendment to the Constitution, changing its composition to include broader cross-party representation, with the aim of achieving greater consensus and accountability.

The BASL, being deeply concerned with the rule of law, the independence of Commissions, and the integrity of appointments to High Offices, respectfully requests that the new Civil Society representatives to the Constitutional Council be persons of exemplary integrity. In addition, such representatives must be individuals who enjoy wide acceptance in society and who are dynamic and vibrant, capable of contributing meaningfully to the Council’s deliberations. We further urge that these appointments be made after obtaining observations from Civil Society and from Professional Organisations including the BASL, as stakeholders in the governance framework of the Republic.

We trust that due consideration will be given to these concerns in the interest of strengthening democratic governance and ensuring the continued independence of the Constitutional Council.”