dc.description.abstract | Comparative to the limited number of
different organizational structures in the private
sector, the Sri Lankan public sector has a diverse
spectrum of organizational structures such as
boards, authorities, commissions, departments,
funds, bureau, corporations, institutes, agencies,
councils, foundations, centers etc. Similarly, even
within the same category of public entities, there are
drastic dissimilarities than similarities in many
perspectives including their legal characteristics.
Thus, such diversifications within a common
category of public entities resulted many economic,
social, managerial and legal consequences. This study
primarily aimed to examine the said issue by
selecting statutory commissions in Sri Lanka and
their legal repercussions as an example. This is a
qualitative study based on primarily desk research
supplemented with Black Letter law where
necessary. This paper specifically aims to provide a
substantive legal critic on the contemporary role and
consequences of statutory commissions in Sri Lanka.
The findings of the study highlighted the gap between
the ideal and actual roles of statutory commissions
and how such deviation caused consequence on due
process of law as well as public. This study also shed
light on necessary legal reforms in order to narrow
the said gap and to make statutory commissions
more trustworthy to the public and transform them
as effective public entities. Also, the findings of this
study revealed an absence of systematic and
coherent legal framework pertaining to formation,
continuation and winding up of such public entities,
especially with reference to various commissions in
Sri Lanka that have diluted the strength of such
structures by curbing the anticipated outcomes.
Further, such structures failed to gain public trust
and confidence on their findings and
recommendations. Hence, this study recommends to
formulate comprehensive and systematic legal
framework that is applicable to all public entities to
streamline and restructure them based on their legal
and functional characteristics in general to make the
Sri Lankan Public sector more viable, productive and
effective. Further, the recommendations were made
to resolve the present loopholes in statutes related to
formation and function of commissions in Sri Lanka. | en_US |