Independent judiciary should not be about satisfying those in power: Ali Sabry

24-Aug-2026

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Former Foreign Minister and President’s Counsel Ali Sabry has stressed that if the Executive President is satisfied with the existing judicial structure and wishes to retain it as it is, that cannot simply be considered a matter of reassurance.

He emphasised that a truly independent judiciary should not merely satisfy those who wield political power, but should be capable of winning the confidence of the people.

In a post published on his Facebook page regarding the controversial 22nd Amendment to the Constitution proposed by the Government, Ali Sabry stated:

In a republic, sovereignty belongs to the people. That sovereignty is exercised through three distinct organs — the judiciary, legislature and executive — in order to safeguard freedom and prevent the abuse of power.

However, in Sri Lanka, executive and legislative powers are largely concentrated in a single individual, the President. Therefore, the constitutional separation of powers between these two branches is, in reality, largely theoretical rather than practical.

This makes an independent judiciary indispensable.

The judiciary is not an organ or an extension of the Government. Nor is it a partner in the implementation of government programmes or a structure intended to facilitate them.

Rather, its constitutional responsibilities are to adjudicate independently and impartially, uphold the rule of law, protect the rights of the people and ensure that the Executive exercises its powers within the limits of its lawful authority.

The judiciary must be prepared to restrain the Government when it violates the law, exceeds its powers or acts contrary to the Constitution.

That is the true purpose of judicial independence in a constitutional democracy.

Against this backdrop, if the incumbent Executive President views the existing judicial structure favourably and wishes to retain it in its present form, this cannot be regarded as a reassuring development.

Instead, the public must remain vigilant about the matter.

A truly independent judiciary should not merely be about satisfying those who hold political power; it should be capable of winning the confidence of the people, he stressed.