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Editorial

Laws and flaws

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Monday 16th October, 2023

Laws, passed by the Parliament of Sri Lanka during the past several years, contain flaws, which have even impeded the implementation of some of them, according to media reports. The defects have been attributed to lapses on the part of the public officials who drafted the laws at issue. There has been no official denial of the media reports in question, and supposing they are accurate, then drastic action has to be taken to straighten up the flawed laws. But this task has to be carried out in a very transparent manner, and no room must be left for the government to introduce ad hoc changes and thereby compass its political ends on the pretext of ridding laws of their flaws and facilitating their implementation.

An unauthorised change made to a crucial amendment Act, about 35 years ago has had a corrosive effect on the Constitution, especially the people’s franchise, which is a fundamental component of representative democracy. That abominable provision has enabled the political parties to circumvent the Constitution and appoint individuals of their choice to Parliament via the National List (NL).

As we have pointed out in a previous comment, Article 99A of the Constitution allows only the persons whose names are included in the lists submitted to the Commissioner of Elections or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at elections to be appointed to Parliament via the NL. This provision led to the undemocratic practice of the candidates defeated at elections to be brought in as NL MPs. In 1988, the then UNP government did something even worse. It introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL and the people’s sovereignty.

The Parliament Election Act of No 1 of 1981, as amended in 1988, allows ‘any member’ of a political party to be appointed to fill an NL vacancy. After parliamentary elections, political parties appoint their NL members as prescribed by the Constitution, and thereafter engineer NL vacancies and appoint persons of their choice to Parliament. Attempts to have this highly undemocratic practice terminated by the judiciary have been in vain.

Worse, it has been revealed that the words, ‘any person’, were smuggled into the amendment to the Parliamentary Elections (Amendment) Act after its ratification by Parliament! Strangely, there has been no sustained campaign for the abolition of this legal provision, which allows virtually anyone to enter Parliament without contesting a general election or being nominated as an NL candidate, and even become the Prime Minister, who takes over as the Acting President in case of the popularly elected President’s death, removal or resignation.

The aforesaid legal provision has become a fait accompli because the present Constitution does not provide for the post-enactment judicial review of legislation. In a country like Sri Lanka, the need for the judiciary to be empowered to review laws after their ratification cannot be overstressed, given the deplorable methods that governments employ to subjugate even the Constitution to their political interests. It may be recalled that the UNP-led Yapahapalana government stuffed the Provincial Council Elections (Amendment) Bill with questionable sections at the committee stage before rushing it through Parliament, in 2017, to postpone the Provincial Council polls indefinitely.

Hence, care should be taken to ensure that no unauthorised changes are introduced to laws passed by Parliament. The Opposition has to remain vigilant to ensure that the government does not meddle with laws. If the SLFP, which was in the Opposition in 1988, had carried out its legislative duties properly and perused the Parliamentary Election (Amendment) Act, it would have been able to challenge the unauthorised insertion thereinto, then and there. The incumbent government, which has caused elections to disappear, so to speak, will not baulk at anything to safeguard its interests.



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Editorial

When power undermines law and justice

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Saturday 10th Junuary, 2026

Prime Minister Dr. Harini Amarasuriya has revealed in Parliament that as many as 65 court cases, withdrawn during previous governments, have been refiled since the current administration came to power. Attorney General’s Department and the Commission to Investigation Allegations of Bribery or Corruption (CIABOC) had withdrawn those cases, she said yesterday in answer to a question raised by an Opposition MP. In this country, governments are notorious for perverting the legal and judicial processes to let lawbreakers among their members off the hook. They employ various methods for this purpose, and the state prosecutor and the national anti-graft commission have drawn severe criticism for facilitating such sordid operations. One of the NPP’s main campaign promises was to terminate this despicable practice, which has led to a severe erosion of public trust in the legal and judicial processes.

Cases must be neither filed nor withdrawn nor refiled for political reasons. Newly elected governments in this country abuse their power to have their political opponents arrested and prosecuted for various offences. Instances are not rare where charges are trumped up against Opposition politicians and activists, who are arrested and remanded for extended periods. The fact that the Attorney General’s Department, the CIABOC and the police are under the Executive’s thumb has helped governments launch political witch-hunts in the name of pursuing justice.

Governments also abuse their power to protect their members involved in various rackets and help them cover their tracks. But for intense pressure the Opposition, the media and civil society organisations brought to bear on the SLPP government, Minister Keheliya Rambukwella and several state officials would not have faced legal action for the procurement of fake medicines for cancer patients and enriching themselves. Thankfully, that administration, on its last legs, was not politically strong to open an escape route for the culprits.

Meanwhile, the Opposition has accused the NPP government of trying to cover up a mega coal scam. SLPP MP D.V. Chanaka has alleged in Parliament that the state has incurred massive losses due to the procurement of substandard coal for power generation. He has told Parliament that only 107 metric tonnes of coal are usually required per hour to generate 300 megawatts of electricity but 120 metric tonnes of newly imported coal are needed to produce the same amount of power. In other words, 13 extra tonnes of coal are required per hour and six extra shipments of coal a year.

MP Chanaka has said tests conducted at the Lakvijaya Coal Power Plant revealed that the calorific value of the first two newly imported coal shipments ranged from 5,600 and 5,800 kilocalories per kilogram (kcal/kg). But under the coal tender guidelines, the minimum required calorific value was 5,900 kcal/kg.

Energy Minister Kumar Jayakody has said the test reports issued by the Lakvijaya laboratory cannot be accepted because it does not have an accredited laboratory and action will be taken once the report from an accredited laboratory is received. One is intrigued. Coal has been tested at the Lakvijaya laboratory all these years, according to the Opposition and media reports, and why has the government refused to accept its test reports? What guarantee is there that the coal samples will be tested properly at the so-called accredited lab? Is the government trying to obfuscate the issue?

A thorough probe must be conducted into the alleged coal scam without further delay. What the members of the incumbent government must bear in mind is that they will not be in power forever; they will have to face legal action for their transgressions one day. Former ministers have been jailed for misusing fuel allowances and offences such as causing staggering losses to the state through coal scams will not go unpunished.

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Editorial

Reform imbroglio

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Friday 9th January, 2026

The SJB-led Opposition is in overdrive to move a no-confidence motion against Prime Minister Dr. Harini Amarasuriya, who is also the Minister of Education, for numerous shortcomings in the government’s education reforms, including content deemed unsuitable for children, flaws in modules, etc. The Opposition’s move is bound to fail in Parliament, where the government commands a two-thirds majority. But a debate on the no-confidence motion will provide the Opposition with an opportunity to gain some propaganda mileage at the expense of the JVP-led NPP, and the Prime Minister. Therefore, speculation is rampant that the government will do everything in its power to scuttle the Opposition’s no-faith motion. The JVP/NPP does not scruple to violate parliamentary traditions and Standing Orders when it has to defend its interests. The deplorable manner in which it prevented the Opposition from moving a no-confidence motion against Deputy Minister of Defence Aruna Jayasekera over some matters related to the Easter Sunday terror strikes is a case in point.

The general consensus is that education reforms are long overdue. However, reforming the education system is a very intricate task that has to be carried out carefully with the help of all key stakeholders. Intoxicated with power, the NPP government has blundered by rushing headlong to prepare an education reform package and trying to shove it down the throats of other stakeholders, triggering a backlash.

It has now been revealed that most of the modules prepared hurriedly under the current education reform programme contain flaws. But the government has declared that it will forge ahead no matter what. The arrogance of power blinds governments to reality. Supermajorities are jinxed in this country; they drive governments to perform dangerous high-wire acts without safety nets and suffer falls. Secretary of the Workers’ Struggle Centre Duminda Nagamuwa has aptly likened the NPP’s education reform programme to President Gotabaya Rajapaksa’s disastrous organic farming experiment which contributed to the downfall of the SLPP government.

A group of representatives of several education sector trade unions and professional associations, at a press briefing in Colombo, yesterday, pointed out numerous flaws in the NPP’s education reforms. They also said the government had not provided schools with facilities needed for the implementation of the education reforms. General Secretary of the Ceylon Teachers’ Union Joseph Stalin claimed that some schools were collecting money from students to buy smart boards, etc. The soaring cost of living has left most parents struggling to make ends meet. They cannot cough up any more money for their children’s education. Therefore, the government must put an end to the practice of schools raising funds at the expense of parents.

The critics of the controversial education reforms have called upon President Anura Kumara Dissanayake to direct PM Amarasuriya to abandon them. They are labouring under the misconception that President Dissanayake is not responsible for the education reforms at issue, and the blame for them should be laid solely at PM Amarasuriya’s doorstep. What they should bear in mind is that the controversial education reform package carries the imprimatur of President Dissanayake, who has been defending it to the hilt both in and outside Parliament. One may recall that in July 2025, taking part in a parliamentary debate, President Dissanayake waxed eloquent, endorsing the education reforms; he said no one could be satisfied with the current education system, the young generation it had produced, or the economy it has fostered. “Therefore, we urgently need comprehensive education reform. The proposed education reform is not merely limited to curriculum revision but will simultaneously elevate both the social and economic spheres of the country.”

Interestingly, both the opponents and proponents of the education reforms have concocted conspiracy theories. In response to the government’s claim of a conspiracy behind the campaign against the education reforms, the SBJ has argued that the conspirators may be some JVPers trying to smoke out PM Amarasuriya so that one of them could secure the premiership. If so, isn’t the SJB giving a boost to their campaign by singling out the PM for attack and moving a no-faith motion against her?

The only way the government can pull itself out of the current imbroglio is to put its education reform package on hold without delay and bring the key stakeholders to the table for a serious discussion.

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Editorial

The strange case of Sara Jasmine

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Thursday 8th January, 2026

The JVP/NPP leaders seem to have forgotten that serving justice for the Easter Sunday terror victims was a central plank of their election platform in 2024. They delivered thunderous speeches replete with theatrics at election rallies, condemning the previous governments for their failure to trace the masterminds behind the Easter Sunday carnage. They garnered favour with the families of the Easter Sunday carnage victims and other seekers of justice to win elections. Sadly, a fresh probe, launched into the Easter Sunday terror attacks, following the 2024 regime change, has been relegated to the back burner for all intents and purposes, and the government leaders have the audacity to give evasive answers when they are questioned on vital issues pertaining to the investigations into the Easter Sunday terror attacks. What transpired in Parliament yesterday is a case in point.

SJB MP Nizam Kariapper asked Deputy Defence Minister Maj. Gen. (retd.) Aruna Jayasekera why four military intelligence officers who served under the latter when he was the Security Forces Commander in the Eastern Province, in 2019, had not been arrested and grilled in connection with the Easter Sunday terror attacks although the police had identified them as suspects. Jayasekera said he would not answer that question as investigations were still on. SJB MP Mujibur Rahman asked Public Security Minister Ananda Wijepala a question about Sara Jasmine or Pulasthini Mahendran, the widow of Mohammed Hashtun, who carried out a suicide bomb attack on St. Sebastian’s Church in Katuwapitiya in 2019. Claiming that she had fled to India and Minister Dr. Nalinda Jayatissa himself had vouched for that fact when he was in the Opposition, Rahman demanded to know why the government had neither obtained an arrest warrant for her nor taken up the issue of her escape to India with Prime Minister Narendra Modi and Indian Foreign Minister Dr. S. Jaishankar. Minister Wijepala’s reply was that there was no conclusive evidence that Sara had fled to India and a warrant would be obtained, if necessary.

MP Rahman’s claim about Dr. Jayatissa’s averment that Sara fled to India should be viewed against a very serious allegation made by Dr. Jayatissa, as a member of the Parliamentary Select Committee that probed the Easter Sunday carnage. In an interview with BBC in 2019, Dr. Jayatissa declared that according to ‘investigative evidence’ he was privy to, India had been behind the Easter Sunday terror attacks. So, why the NPP government has not taken up the issue of Sara’s disappearance with India is the question. Minister Wijepala’s claim that there is no credible evidence to prove that Sara is in India is not convincing. Is the NPP government wary of taking up that issue with New Delhi lest it should antagonise the Indian leaders?

The incumbent government cannot be expected to allow the aforesaid four military intelligence officers to be arrested or even questioned as it does not want to open a can of worms. There is a clear case of conflict of interest where those intelligence operatives and Jayasekera are concerned. The same is true of Secretary to the Ministry of Public Security, retired SDIG Ravi Seneviratne, and CID Director, retired SSP Shani Abeysekera. The CID, which was under Seneviratne and Abeysekera in 2019, has come under fire for its failure to prevent the Easter Sunday terror attacks and properly investigate terrorist activities in the Eastern Province, particularly the execution-style killing of two policemen in Vavunathivu, a few months before the carnage. The conflict of interest at issue has had a corrosive effect on the integrity of ongoing investigations into the Easter Sunday attacks.

It is imperative that a serious effort be made to arrest Sara, who was privy to the inner workings of the National Thowheed Jamaath, which carried out the Easter Sunday attacks, and therefore can reveal who actually masterminded the carnage. After all, the JVP/NPP leaders pledged to unravel the truth about the Easter Sunday bombings swiftly and have justice served expeditiously.

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