By The Pulseline News Desk
The Constitutional Council (CC), the body entrusted with safeguarding the independence of Sri Lanka’s key oversight institutions, is facing an unusual problem: it cannot find enough suitable candidates to fill vacancies in some of the country’s most important commissions.
After receiving only 10 applications each for vacancies in the Human Rights Commission of Sri Lanka (HRCSL) and the National Police Commission (NPC), the Council has been compelled to reopen the recruitment process, inviting fresh applications until July 31.
The development is more than an administrative setback. It reflects a growing reluctance among experienced professionals, retired judges and eminent public figures to seek appointment to institutions that were once regarded as prestigious pillars of Sri Lanka’s constitutional framework.
Fresh call after poor response
The Constitutional Council first called for applications to fill vacancies in the NPC on March 27 and the HRCSL on April 24. However, according to informed sources, only 10 applications were received for each commission.
The Council was reportedly unable to identify candidates suitable for recommendation to the President from the applications received, prompting the decision to advertise the vacancies once again. Those who had applied in the initial round have also been invited to submit fresh applications before the closing date.
The shortage of applicants marks a sharp contrast with previous years, when vacancies in constitutional commissions routinely attracted senior lawyers, retired judges, academics and other distinguished professionals, with appointments largely viewed as merit-based.
Why are qualified candidates staying away?
Several factors appear to be contributing to the decline in interest.
One concern repeatedly raised by those familiar with the appointments process is the Constitutional Council’s practice of requiring applicants to appear before the Council for interviews. While interviews may appear routine, some prospective candidates believe the process has altered the character of appointments that were previously based primarily on professional standing, independence and proven public service.
As a result, many respected professionals and retired members of the judiciary have reportedly shown little interest in applying, leaving retired public servants as the majority of applicants.
Equally significant is a growing perception that the selection process itself lacks transparency.
Questions over openness
The Constitutional Council’s approach to public disclosure has come under increasing scrutiny in recent months.
Journalists seeking information under the Right to Information (RTI) Act on nominations received to fill vacancies on the Right to Information Commission (RTIC) were denied access to the names of nominees and the organisations that nominated them.
That decision represents a departure from previous practice. A differently constituted Constitutional Council released similar information during appointments made in 2022.
The Council’s Office has also declined to disclose information relating to its consideration of the President’s nominee for Auditor General in response to an RTI request filed by an attorney-at-law, arguing that the information was protected by confidentiality arising from a fiduciary relationship.
The decisions have fuelled concerns among governance advocates that the appointments process has become increasingly opaque, discouraging accomplished professionals from subjecting themselves to an uncertain selection exercise.
Similar challenge at RTI Commission
The Constitutional Council is also struggling to fill vacancies on the RTIC.
Unlike other independent commissions, appointments to the RTIC are made through nominations from designated sectors rather than through open applications. The Commission consists of representatives nominated by the Bar Association of Sri Lanka (BASL), civil society organisations and media organisations, while the President appoints the Chairperson. The Constitutional Council recommends the remaining member.
This year, the Commission lost both its civil society and media representatives following their resignations.
Only five nominations were received to fill the first vacancy. The subsequent call for nominations from media organisations after the second resignation on June 30 has also reportedly failed to generate sufficient interest.
Outdated remuneration adds to concerns
Another issue affecting appointments to the RTI Commission is remuneration.
Unlike members of other constitutional commissions, RTI Commissioners continue to receive payments that have remained unchanged since the Commission was established under the Right to Information Act in 2016.
Commissioners receive a monthly payment of Rs. 65,000 together with travel and telephone allowances of Rs. 25,000 and Rs. 5,000 respectively. They are also not entitled to many of the official facilities available to commissioners serving on other independent bodies.
While financial compensation may not be the primary consideration for many senior professionals, observers say the failure to revise remuneration over the past decade has become another disincentive.
Wider implications
The difficulties confronting the Constitutional Council come at a time when independent commissions are expected to play an increasingly important role in protecting democratic institutions, ensuring accountability and strengthening public confidence in governance.
The HRCSL oversees the protection of fundamental rights and investigates alleged human rights violations, while the NPC is responsible for promoting professionalism and accountability within the police service. The RTIC serves as the guardian of citizens’ statutory right to access information held by public authorities.
Together, these institutions form a cornerstone of Sri Lanka’s constitutional governance framework.
The Constitutional Council’s inability to attract a strong pool of candidates — and the broader concerns surrounding the transparency of the appointments process — raise wider questions about whether confidence in the country’s independent institutions is beginning to erode.
Unless those concerns are addressed, observers warn that attracting individuals with the independence, expertise and public credibility needed to serve on these commissions may become an increasingly difficult task.
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