POLITICAL SCIENCE 1972 Andukramaye wyawasthadhayakaya

Under the Soulbury Constitution, the appointment of the Chief Justice, other judges of the Supreme Court, and Commissioners of Assize were made by by the Governor General. A Judge of the Supreme Court could serve till the age of 62. The Governor General could extend the services of a Supreme Court Judge by one year. The removal of a Supreme Court judge was the power of the Governor General on a recommendation by the Senate and the House of Representatives. The constitution had provisions to safeguard the independence of these judges. The other judges were appointed by the Judicial Service Commission. The Soulbury constitution had provisions to safeguard the independence of the judiciary. (Discuss in the class the Judicial Service Commission and other provision that were meant to ensure an independent judiciary). The 1972 Constitution introduced changes to the judiciary. The provision that enabled making appeals to the Privy Council in the UK was repealed in 1971 and those appelate powers were given to the Court of Appeal. It ensured continuity of the term of sitting judges of the Supreme Court and Appeals Court after the 1972 constitution came into force. The structure of the court system could be altered by the National State Assembly by an Act. The Administration of Justice Law of 1973 did that. A new court system was thus established with the following structure: • Court of Appeal • Supreme Court • High Court • District Court • Magistrate Court. The Administration of Justice Law of 1973 divided Sri Lanka into 16 judicial zones and High Courts were established for each zone. Each zone was divided into Districts and District Courts were set up accordingly. Each zone was also divided into Divisions accordingly, Magistrate Courts were established for these Divisions. The retiring age of Supreme Court judges was made 63. The Judicial Services Advisory Board and the Judicial Services Disciplinary Board were established (These 8. 6 Fundamental Rights Inclusion of a Bill of Rights is a feature of modern liberal constitutions. The 1972 Constitution, although not a liberal constitution, had a chapter on Fundamental rights, for the first time in Sri Lanka. The fundamental Rights chapter of the 1972 Constitution embodied the following principles: Equality before the law and equal protection of law Freedom of life, liberty and security Freedom of thought Freedom of conscience and religion Freedom to enjoy and promote one’s own culture Freedom of speech and expression. However, there were some serious limitations in the fundamental rights chapter of the 1972 Constitution. • The rights and freedoms listed in the constitution were subjected to limitations. • Although fundamental rights and freedoms were recognized in the Constitution, citizen could not seek judicial redress when a right was violated. • Most of the rights were restricted to Sri Lanka’s citizens. • The scope of rights recognized by the Constitution was narrow. • Rights and freedoms listed were limited to traditional civil and political rights.