Parliament Cannot Probe Judicial Service Commission, Says Speaker

COLOMBO (News 1st); In a landmark ruling Speaker Jagath Wickramaratne today declared a parliamentary motion seeking to appoint a select committee to examine the powers of the Judicial Service Commission (JSC) “out of order.”

The motion, submitted on November 21, 2025, aimed to scrutinize the JSC’s authority over the appointment, promotion, transfer, dismissal, and disciplinary control of judicial officers.

However, the Speaker ruled that such an inquiry would violate the Constitution and undermine judicial independence.

Delivering his decision to the House, Wickramaratne emphasized that the JSC embodies the exercise of the people’s judicial power and enjoys constitutional protection.

He warned that any attempt by Parliament to supervise or review the Commission’s functions would constitute an “affront to the Constitution” and breach the separation of powers enshrined in Articles 3 and 4.

“The Constitution does not permit Parliament to encroach upon that power,” the Speaker asserted, adding that the fiduciary responsibility entrusted to Parliament over public funds does not confer hierarchical supremacy over other organs of governance.

He concluded that appointing a select committee to examine JSC operations would “derogate the independence of the judiciary and thereby the judicial power of the people.”