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Right to life, consent for marriage, Constitutional Court among new features in proposed Constitution
View(s):The subcommittee report on fundamental rights has recommended the inclusion of the “right to life” in the new Constitution.
The relevant section of the report presented to the Constitutional Assembly yesterday reads: “Every person shall have the inherent right to life, dignity, equality, freedom and security of the human person. Every person shall have the right to recognition as a person before the law. No person shall be arbitrarily deprived of his or her life or punished with death.”
In sharp contrast to the proposed Criminal Procedure Code amendment, which denies a suspect access to legal counsel until after the recording of the first statement by police, the subcommittee has recommended that “every person shall, from the time of his or her arrest, have the right to choose and consult an attorney-at-law of his or her choice.”
The report also calls for the inclusion in the new Constitution of a clause stating, “No person shall be subject to enforced disappearance …. and no circumstances whatsoever, including a state of war or a threat of war, internal political instability or any other public emergency, shall be invoked as a justification for enforced disappearance.”
It proposes the inclusion of a clause which would read: “No person shall be arbitrarily discriminated against on any ground, including race, gender, sex, sexual orientation, gender identity, maternity, marital status, parental status, caste, ethnic or social origin, age, disability, religion, conscience or belief, political or other opinion, culture, language, place of birth, or place of residence.”
The section on family rights states, “Every person of marriageable age shall be entitled to marry and to found a family. No marriage shall be entered into without the free and full consent of the intending spouses.” Meanwhile, the report of the subcommittee on judiciary recommends the inclusion of a clause specifying that judges of the Superior Courts shall be appointed by the President on the recommendation of the Constitutional Council which would receive nominations from a panel of former judges of the Supreme Court.
It envisages the formation of a Superior Courts Judges Disciplinary Commission–the members of which shall be recommended by the Constitutional Council and appointed by the President. The Commission shall inquire into any allegations of misconduct or incapacity and submit a report to the Constitutional Council.
It also recommends the establishment of a seven-member Constitutional Court tasked with interpretation of the Constitution, including the authority to determine whether a matter/issue falls within the ambit of interpretation of the Constitution; judicial review of bills; judicial review of laws and statutes; issues arising between and/or among the Centre and Provinces; breach of privileges of Parliament; and review of its own judgements.
The report of the subcommittee on finance has recommended that the Head of State shall not hold the portfolio of Finance in the Cabinet of Ministers. It proposes that provincial and local spheres of Government shall have access to adequate sources of revenue.
The subcommittee on public service calls for inclusion in the Constitution a clause that makes each Minister of Cabinet or Members of Provincial Boards of Ministers accountable for the directives given by him or her to the Ministry Secretary.
Also presented were reports of the subcommittees on law and order and on Centre-Periphery relations. The latter recommends the adoption of the Grama Rajya Concept.
(The full reports can be accessed at constitutionalassembly.lk)