Features
Sir John takes over, cabinet meeting at N’Eliya and the EL Senanayake election case
(Excerpted from Memoirs of a Cabinet Secretary by BP Peiris)
The first meeting of the new Cabinet placed on record its appreciation of the services rendered to the country by Mr Dudley Senanayake. Sir Kanthiah Vaithianathan, who had resigned his post as Permanent Secretary to the Ministry of Defence and External Affairs, took over the Portfolio of Housing and Social Services.
Sir John was spending a few days in December 1953 at his official residence, The Lodge, Nuwara Eliya. More out of mischief than on grounds of urgency, he summoned the Cabinet to meet at The Lodge on December 31. On the New Year Day following, A. G. Ranasinha, the Secretary, was to receive the honour of knighthood, and I, the O.B.E., and we found the arrangement very inconvenient, but had to obey orders and attend the meeting.
We accordingly travelled to Nanu Oya by the night train on the 30th with office peons and Cabinet security boxes. On reaching our destination early next morning at about six, we found Police cars waiting for us on Sir John’s instructions. On our reaching The Lodge, the cook, Periasamy, was there to greet us, again on Sir John’s orders, with egg hoppers and fish curry, which was most welcome. Sir John was asleep but had given his orders with military precision.
We soon got ready and the meeting started rather early at about 9 a.m. At 11 a.m. drinks were served. Every possible brand of liquor was laid out on a side table, and we were asked to help ourselves. At 1 p.m. there was a short adjournment for lunch, preceded by a few more drinks. An excellent lunch, of mulligatawny, yellow rice and chicken curry was provided by the cook. The meeting terminated early afternoon and we had to while away the time till 5 p.m., when Lord Soulbury had invited us to tea.
Some Ministers preferred to walk on the well-trimmed lawns. Sir John, Bulankulame Dissawa, M. D. Banda, and I were in the sitting room, warming ourselves by the fire when Sir John asked me, “I say, Peiris, aren’t you getting something tomorrow?” The recommendation for the honour is made by the Prime Minister, but the letter inquiring whether I would accept the honour comes from Queen’s House marked ‘Top Secret’.
I therefore replied “I know nothing about it, Sir”, and Sir John told the other Ministers “Look at this chap; I recommend him for the honour and he thinks it is a Cabinet secret and wants to hide it from me. Anyway, I’ll be at your house at 7 p.m. Don’t give lime juice.”
We took the night train back, travelling to Nanu Oya again in Police cars. It was a bit of a rush because the Mayor, Mr Vijayaratnasingham, had a cocktail party in our honour and Ranasinha and I were worried that we would miss our train. Sir John had seen to it that baskets of flowers were put into our cars. True to his word, the Pilot car preceding the Prime Minister’s car turned in at my gate sharp at seven the next evening. He had two whiskeys and was off to be in time at the next place because mine was not the only house of ‘honours’ men he visited that evening.
He was surprised when I asked him in French whether to sing him a French song. He said “Oui, oui, oui” and asked who was going to play. I sat at the piano and, with Sir John standing by me with his glass in his hand, sang a naughty song which Maurice Chevalier used to sing at the Moulin Rouge in Paris in the early thirties, and the words of which no one but Sir John understood. When I was getting to the end of the chorus, he whispered in my ear “Sing the chorus again.” The first line of the chorus was “Dites moi, ma mere, dites moi ma mere pourquoi less chiens daps les rues se months dessous”.
One of the first major questions which the Prime Minister asked his Cabinet to consider was that of bribery and corruption. He was determined, if possible, to stamp this moral stain out of public life. A new law was drafted to be in operation in the first instance for 18 months and to be applicable to public servants only. Charges were to be investigated by the Criminal Investigation Department and the tribunal hearing the charges was to consist of judges or retired judges.
Power was also taken to make the new law applicable, if necessary, to the findings of a Commission appointed to investigate allegations of bribery and corruption against a Senator or Member of Parliament, and it was agreed that any fee or reward paid or given to a Senator or Member of Parliament to appear for any person before a public officer other than a judicial or quasi-judicial officer should be deemed to be a bribe. The Bill was passed into law as Act No. II of 1954, and has been amended more than once to vest additional powers in the Bribery Commissioner.
E. B. Wikramanayake, Q. C. now joined the Cabinet as Minister of Justice. He was a man of few words and did not believe in wasting his time or anyone else’s. In the course of a discussion, he made his point in the fewest possible words.
In December 1953, the Governor-General was informed that Her Majesty the Queen intended to visit Ceylon. The Cabinet considered this communication and agreed that Her Majesty should be invited to open the next Session of Parliament. The Queens’ Speech, which I was asked to make as short as possible, was approved by the Cabinet and an advance copy sent to the Palace.
On the day of Her Majesty’s arrival in Colombo, I found five lines of traffic opposite my house on the Havelock Road moving, from two in the morning, towards the city. The streets were decorated and thronged with people, rich and poor, to welcome the Royal visitors. The weather was more than kind; it was a scorching sun, and the Queen, who rode with His Royal Highness Prince )Philip in an open car had a parasol for protection.
I watched the procession from a vantage point in the Dutch Burgher Union in Bullers Road. Persons were perched on the roofs of the houses opposite. ‘The welcome accorded to the Royal couple was rousing as well as spontaneous. The impression that I had was first, that the welcome was a natural gesture of loyalty, and secondly, that, with our own monarchical background, our people just cannot resist Royalty and the pageantry that is associated with that institution.
I wonder how many persons noticed the Constitutional aspect of the Royal visit. Her Majesty was Queen of Ceylon, and, though not domiciled here, she was temporarily resident in one of Her Dominions. As such, during Her residence here, the person she had appointed to represent Her in the Island, Lord Soulbury, officially ceased to exist. The Governor-General could not have assented to a Bill nor could he have exercised the Royal prerogative of pardon. The office of the Governor-General was, for the time being, in abeyance. That is the reason for Lord Soulbury’s absence at the Opening of Parliament. In effect, he “took himself away” and stayed in the background.
Her Majesty opened the Third Session of the Second Parliament on April 12, 1954, and read Her Speech in English in a clear voice. Naturally, she could not be asked to comply, as Sir Oliver Goonetilleke did a few years later, with the requirements of our Official Language Act. At the next Cabinet meeting Ministers Vaithianathan and Natesan referred to the fact that, at the presentation of the Addresses, the speeches had been made in English and Sinhala but not in Tamil. They stated that this had caused uneasiness among the Tamil community.
I think the two Tamil Ministers, when they used the word “uneasiness”, exercised the utmost restraint in the use of language and refrained, with great dignity, in giving vent, not only to their own feelings, but to the feelings of the entire Tamil community. To make matters worse, the Prime Minister assured the Cabinet that the omission of a Speech in Tamil was accidental and not intentional, and promised to make a public statement to that effect. Really, I ask, to whom was the Prime Minister talking? To two of the intellectual Ministers in his Cabinet; and was he talking with his tongue in his cheek? Incidents like this though quickly forgotten by the Sinhalese, remain long in the memories of the minority communities as utterly insulting and unnecessary pinpricks inflicted on purpose.
On Her birthday, April 21, Her Majesty held an Investiture at Queen’s House at which A. G. Ranasinha was knighted and I was invested with the insignia of the O.B.E. A Throne had been placed on the dais for the Queen but had to be hurriedly removed a few minutes before Her Majesty’s arrival because, in England, it is customary for the Sovereign to stand throughout an Investiture. His Royal Highness stood one foot behind the Queen throughout the ceremony and looked thoroughly bored.
Immediately after the Investiture, a group photograph was taken of Her Majesty and Her Ceylon Cabinet. The seats were all arranged. The Prime Minister would naturally sit on the Queen’s right. Sir Oliver Goonetilleke wanted to sit on Her Majesty’s left but Minister J. R. Jayewardene insisted that the setting should be according to the Order of Precedence and that he should be on the Queen’s left. By his sojourn abroad, Sir Oliver had come down in the Precedence Table and, in that historic photograph, would have had to stand in the second row if one of the Ministers had not fallen ill and his place taken by an acting Minister.
It is for this reason that Sir Oliver is seen seated, not next to the Queen, but in the last chair. Was it not Pope who said that every man has just as much vanity as he wants understanding? When this squabble about seating had been settled, the Aide-de-Camp was informed that the Ministers were ready. Her Majesty arrived and took her seat. She was so dignified that the photographer did not dare to tell Her to smile or put her left foot forward; but a beautiful photograph was the result. At the end of the ceremony, Sir John, on behalf of the Cabinet, presented Her Majesty with a silver tray as a birthday present.
It was at about this time that my daughter Kamala, to the family and friends known as ‘Binkie’, married the man of her choice, Dr Cecil D. Chelliah, a specialist in the diseases of the chest. As I said before, her Kundasale training had turned out a plain living, high thinking, sensible and efficient woman. D. S. Senanayake was right in his forecast about the girls turned out at Kundasale. The doctor had music in him, and it was music that brought the couple together. In view of this strong community of interests, which was a firmer basis for sound marriage than good looks, a sports car or a tweed suit, my wife and I readily gave our consent.
He was a Tamil and a Christian; but I had no difficulty in coming to a decision as my education had been completely free of any racial or religious bias and hypocrisy. They have two very musically-minded children, Ranjan and Priyantha, whom I prefer to call “Mr Jones” and “Mr Shaw” respectively. Grandpa has had some lovely musical evenings in his retirement with son-in-law, daughter, Jones and Shaw, showing their prowess, jointly and severally, at their different instruments.
Ministers, like women, are entitled to change their minds and their opinions, but on one thing Sir John was firm and never once wavered. He laid it down that, so long as he was in charge of administration of this country, no person would be employed in the public service who was a communist or who belonged to a revolutionary party.
A rather unusual Bill was now considered and later passed into law. The Government Parliamentary Group had passed a resolution regarding the delimitation of electoral districts for Parliamentary elections. Under the first Delimitation Commission, the number of electoral districts for the Island sent ninety-five members to the House of Representatives. Together with the six Appointed members, the total membership of the House was one hundred and one.
A new Commission had been appointed, as required by the Consti tution. Following the 1953 census, which gave the Ceylon population as 8,098,637, giving approximately every 75,000 of the popultion a seat as laid down in the Constitution, the total membership the House, including the Appointed members, would have been of 139. There had been considerable public opinion that the Constitution should be amended so as to limit the number of members.
It was suggested that the total number of sea should be about 108, and it was proposed create three of four additional special seats for Indians and Pakistanis. Sir John accordingly proposed to the Cabinet that the scheme’ adopted. If adopted, it involved an amendment to the Constitution which would require a two-thirds majority in the House of Representatives to pass it into law. The Bill which he submitted was to in force for 10 years and would enable the Government to discharge its obligations under the Indo-Ceylon pact. The proposed legisla- tion would have conferred on persons registered as Citizens of Ceylon under the Indian and Pakistani Residents (Citizenship) Act, a privilege which was not conferred on persons of other communities, namely, separate parliamentary representation for 10 years.
It would also have made persons so registered as Citizens of Ceylon, liable to a disability to which persons of other communities were not made liable, namely, the exclusion of their names for 10 years from the general parliamentary register of elections. The Bill fixed the to number of members of the House of Representatives for all time at 108. The Ceylon Constitution (Amendment) 1 was passed in 1954, limiting the membership of the House. An Act for the creation of a special Indian and Pakistani Electorate was a passed the same year. Nothing came of either of these Acts. The question whether the Acts were valid under section 29 of the Constitution is now academic as both Acts were repealed in 1959.
Soon thereafter, followed another unusual piece of legislation. E. L. Senanayake was elected Member for Kandy in the House of Rep resentatives, but was unseated on an election petition, and the Prime Minister made the following statement in the House of Representatives on February 5, 1954:
“I wish to inform the House that the Member for Kandy has been granted leave to appeal to the Privy Council from the decision of the Supreme Court of Ceylon. The following telegram has been sent by the Crown Solicitors:
“Senanayake special leave granted reserving leave to Attorney-General or respondent to challenge jurisdiction on hearing of appeal stop Board represented appeal should be heard as soon as possible stop Meanwhile most undesirable that certificate should be published or other steps taken consequent upon the declaration before appeal.”
The Government proposed to take steps to avoid unnecessary legal complications in the event of the appeal of the member for Kandy being allowed by the Privy Council. They intended to introduce legislation suspending an Order of the Supreme Court under the Ceylon (Parliamentary Election) Order in Council, pending an appeal to the Privy Council. Meanwhile, the Governor-General had been advised that he should withhold action under the Order in Council, pending the introduction of the Bill. There is no provision of law under which His Excellency is empowered to suspend the steps to be taken under the Order in Council. He was required by law to fix a date for the by-election.
Draft legislation was submitted designed to meet Senanayake’s case. The Bill proposed that where an appeal is taken to the Privy Council, the operation of an Order of the Supreme Court under the Elections Order in Council should be suspended till the decision of the Privy Council in that behalf is known. The legislation was to have retrospective effect to cover the Supreme Court judgment in the Senanayake case.
On advice, the Governor-General suspended action under the Order in Council and did not authorize the holding of a by-election. His action was to be legalized by the proposed legislation. He was to be indemnified against all civil and criminal liability ‘in respect of the noncompliance of the provisions of the Order in Council which required him to order the holding of a fresh election.
Senanayake lost his appeal in the Privy Council and continued to remain out of Parliament. This sort of ad hoc legislation to suit particular persons in most unfortunate. Retrospective legislation is particularly obnoxious and is viewed by the courts with suspicion, but the courts are bound by the laws passed by Parliament.
Features
Civilizational dialogue proving a remote possibility as realpolitik rages
Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.
This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.
From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.
It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.
That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.
If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.
Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.
However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.
Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.
The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.
Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’
The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.
In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.
Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.
Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.
Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.
Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.
International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.
Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.
Features
Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment
by Shelton Dharmaratne
Sri Lanka has reached an important constitutional moment.
The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.
That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.
The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.
The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.
A narrower constitutional question than the political debate suggests
The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.
Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.
Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.
Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.
Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.
Those are legitimate policy considerations.
But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.
The real question is institutional
The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.
That is an institutional question, not an accusation against individual judges.
A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.
This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.
The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.
Legitimate objectives do not settle constitutional questions
The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.
Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.
A government is therefore entitled to propose reforms designed to improve judicial efficiency.
But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.
That is precisely why constitutional scrutiny matters.
The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.
The appropriate questions are straightforward:
Does extending judicial tenure strengthen the administration of justice?
What risks, if any, could it create for judicial independence?
Are adequate institutional safeguards in place?
Does the proposal operate prospectively, or does it affect judges already serving?
Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?
These questions can be examined rationally without attributing improper motives to either side.
Judicial vacancies and institutional confidence
Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.
Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.
Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.
The government has an opportunity to address these concerns constructively.
Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.
Seniority, merit and transparent criteria
The controversy also exposes a longstanding question concerning judicial appointments.
Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.
If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.
Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.
Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.
Institutional rules are stronger safeguards than assurances of good intentions.
The State is larger than any government
One principle deserves particular emphasis: a government is not the State.
Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.
The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.
For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.
The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.
That is not political weakness. It is constitutional maturity.
Public confidence is a constitutional asset
The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.
Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.
Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.
Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.
A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.
The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.
If a referendum arises …
If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.
The electorate should be given a clear constitutional question and sufficient information to assess it.
Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.
A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.
The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.
Beyond who wins
The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.
Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.
Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.
If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.
Neither side strengthens the country by assuming that the other is acting in bad faith.
The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.
Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.
Sri Lanka should instead seek a broader consensus around a fundamental proposition:
Judicial reform and judicial independence are not competing objectives.
The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.
That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.
The present controversy will eventually pass. Political arguments surrounding it will fade.
But constitutional arrangements can endure for decades.
That is why Sri Lanka must look beyond the immediate political contest.
The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.
Features
Farewell to a Fashion Icon
Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.
Her sudden demise has certainly come as a shock to many.
Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).
Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.
In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.
She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”
Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.
She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.
For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers
She trained hundreds of models for runway, photoshoots, auditions, and international pageants.
She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.
Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)
Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.
Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:
“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.
“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.
“Thank you once again.”
In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.
May she rest in peace. Our deepest condolences to her family, students, and all who loved her.
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