The indecent haste with which two far-reaching amendments to our Constitution are being rushed through our Supreme Court and our legislature, took my mind back to 1972. In that year S. Nadesan QC, counsel for Reggie Siriwardene, Secretary of the Civil Rights Movement, was making submissions on the time limit within which the Constitutional Court must give its decision, together with its reasons. The Bill then in question related to the Press Council. This is what Sri Lanka’s great crusader for human rights, whose legal skill was matched only by his passion for justice, said:

“What is contemplated is a judicial decision as to whether a provision of a Bill is inconsistent with the constitution. A judicial decision means that the court must judge conscientiously and as correctly as it possibly can. To do this the court must first inform itself regarding the arguments for and against, read the authorities cited, and make up its mind. The human mind is not an automation which can be called upon to make a decision in a limited time without regard to arguments, reasons or precedents. A judge should be convinced of the correctness of his decision before he decides. If he decides with a mental reservation that he has not had time to explore all aspects of a question, he should not decide, as he may decide wrongly, and thus the citizens may be deprived of the benefit of an important safeguard.”

Suriya Wickremasinghe.