• AKD and Gammanpila point out that CC’s approval is essential per Constitution 

In the wake of the problematic situation which has arisen with the third service extension granted to Inspector General of Police (IGP) Chandana D. Wickramaratne by President Ranil Wickremesinghe not being approved by the Constitutional Council (CC), the Parliamentary Opposition requested Speaker of Parliament and CC Chairperson Mahinda Yapa Abeywardana to seek the opinion of the Attorney General (AG) on the powers of the CC, and to not allow the President to grab the CC's powers.

Wickramaratne, whose first and second three-month service extensions expired on 26 June and 9 October, respectively, was granted another three-week service extension by President Wickremesinghe on 13 October, but the same was not approved by the CC, which met on Tuesday (17).

Per Article 41C(1) of the Constitution, "No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article (includes the IGP in Part II of the Schedule), unless such appointment has been approved by the CC upon a recommendation made to the CC by the President".

Speaking in Parliament yesterday (19), the Janatha Vimukthi Peramuna-led National People's Power Leader and Opposition Parliamentarian Anura Kumara Dissanayake raised concerns over the third service extension granted to Wickramaratne. "The President granted this service extension to Wickramaratne, subject to the CC's approval, but the CC did not approve it. Then, who is the current IGP of the country? The tenure of service of Wickramaratne ended on 9 October," he said, and queried Public Security Minister Tiran Alles as to which IGP he (Alles) issues orders to.

In response to Dissanayake's query, Prime Minister and Public Administration, Home Affairs, Provincial Councils, and Local Government Minister Dinesh Gunawardena said that the person to whom the service extension was granted (Wickramaratne) would oversee the duties of the IGP till the end of this month (October), as per the powers vested in the President.

With Dissanayake again pointing out that Wickramaratne could not function as the IGP when the CC had not approved the service extension granted to him, Abeywardana said that while it was true that the CC should approve such a service extension, the authority to make appointments was with the President. "The President has the powers to make appointments. The Constitution or the CC has not grabbed it. The CC has the power to approve or disapprove an appointment. On the other hand, even if it is approved, the President has the power to appoint that person or not appoint that person."

At this point, Dissanayake said that the Constitution had clearly mentioned that the President could make such appointments only with the approval of the CC. "You (Abeywardana) are the Chairman of the CC. So, don’t let the President grab the CC's powers. You should stand firm on the stance that the President has no power to make an appointment of this sort without the approval of the CC."

Opposition MP, attorney Udaya Gammanpila also stood at this point, and said that the President had no power to make appointments without the CC's approval. "I just read the Constitution. What it clearly says is that the President cannot make an appointment without the CC's approval. He can only make a recommendation to the CC. When it is approved only can he make the appointment. However, a new culture of making the appointment first, and then seeking the CC's approval has been created now. Therefore, I urge you (Speaker Abeywardana) to seek the AG's opinion in this regard."

Wickramaratne was appointed as the Acting IGP in April 2019, and was confirmed in the position on 25 November 2020. He was scheduled to retire in March 2023, and was granted a three-month service extension by the President, which ended on 26 June. The Police Department functioned without the presence of an IGP for about two weeks, until Wickramaratne was again granted the second three-month service extension by the President on 9 July, which came to an end on 9 October. He was then granted the third service extension for another three weeks on 13 October, a move which has seen opposition from several parties.