Judiciary Independence & Separation of Powers: Constitutional Debate ⚖️

• Context: A legal critique challenges Prof. G.L. Peiris’s view that the Judiciary should show deference to the Executive during states of emergency. The debate stems from the Supreme Court's ruling that the 2022 emergency declaration by the Acting President violated Fundamental Rights. • Key Legal Principles: Separation of Powers (SOP): Unlike the 1972 Constitution, the 1978 2nd Republican Constitution explicitly reintroduced the SOP, delineating Executive, Legislative, and Judicial powers. Judicial Review: The Supreme Court holds exclusive jurisdiction under Articles 125 and 126 to interpret the Constitution and protect Fundamental Rights. Executive Accountability: There are no constitutional restraints preventing the Judiciary from reviewing Executive actions, including emergency declarations. • Recent Developments: The Speaker of Parliament recently (Jan 9, 2026) refused a motion to oversee judicial appointments, affirming that Parliament is not hierarchically superior to the Judiciary. The legal consensus emphasizes that the independence of the judiciary is a foundational feature, ensuring "power is a trust" and preventing unfettered Executive discretion. • National Impact: Maintaining a strong SOP is vital for the Rule of Law, which underpins investor confidence and economic stability in Sri Lanka's legal and business environment.