Our Constitution needs ample space to mature

This week the High Court made two major rulings that significantly reduce presidential discretion in the exercise of executive power vis-a-vis the Judiciary. In one case, the court declared that the President had no power to review the persons nominated as judges by the Judicial Service Commission (JSC). He was obliged to appoint those nominated, and without delay.

In the other, Section 30(3) of the Judicial Services Act was declared unconstitutional. These decisions raise interesting jurisprudential questions on the true content of the constitutional powers of the President as appointor of State officers. For those unfamiliar with the latter matter, Article 166 of the Constitution provides that the Chief Justice and Deputy Chief Justice shall be appointed by the President "in accordance with the recommendation of the Judicial Service Commission...".