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Conflict left in Sri Lanka constitution to avoid referendum

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ECONOMYNEXT –The 19th Amendment created a conflict in Sri Lanka’s constitution, but it remained unresolved because the then government was determined to avoid a referendum.

The deficiency in the constitution was highlighted in a report by EconomyNext on Tuesday and later taken up during a government meeting at the highest levels, sources familiar with the issue said.

The constitutional error, which has persisted since April 2015, could allow an incumbent president to extend his term by less than a year without facing a referendum.

Former legislator and President’s Counsel Jayampathy Wickramaratne said the brief from the then government was to come up with a bill for a 19th Amendment which could be passed without a referendum.

“As a member of the team that drafted the 19th Amendment to the Constitution, I wish to make a clarification,” Wickramaratne said, adding that they were aware of the issue.

“The government had clearly advised the drafting team that the Nineteenth Amendment Bill should be passed only by a two-thirds majority, in keeping with the pledge of presidential candidate Maithripala Sirisena… that no amendment necessitating a referendum would be placed before Parliament.

“As such, the draft did not propose reducing the maximum period from six to five years,” he said, referring to an Article which should have been amended to read “five years” instead of the original “six years.”

Article 83, which was an entrenched provision, could not have been amended without a referendum, and therefore they left Article 83(b) untouched.It leaves an ambiguity at best and a loophole at worst.

Even changing a full stop or a comma in the constitution requires a two-thirds majority in parliament and in some cases requires endorsement at a national referendum.Political sources said there had been polemic invective directed at those behind the 19th Amendment when the government discussed the issue on Tuesday.

While all references to the six-year terms of both the president and parliament were changed to five years in line with the 19th Amendment, Article 83(b) was left untouched, giving President Ranil Wickremesinghe a loophole to extend his term.

Any bill to extend the five-year term of the president or parliament requires approval in parliament with a two-thirds majority, followed by endorsement at a referendum.

However, under Article 83(b), such a referendum is required only if the bill extends the term to over six (6) years, not five (5) years as it should have been.

This means that, in theory, President Wickremesinghe could extend his own term and that of parliament by 11 months and 29 days without breaching the constitution.

See the full report on this here: https://economynext.com/constitutional-error-could-give-ranil-and-parliament-another-year-167442/



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Presidential pardons: Govt. studying Justice Thurairaja’s recommendations – Minister

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Thurairaja / Harshana

By Shamindra Ferdinando

Justice and National Integration Minister Harshana Nanayakkara said yesterday that the Cabinet was studying a set of recommendations made by a Committee, led by retired Supreme Court judge Sithambarampillai Thurairaja, PC, regarding a systematic, fair and transparent mechanism for granting presidential pardons to convicted prison inmates.

Attorney-at-law Nanayakkara said so when The Island raised the issue in the wake of the ongoing controversy over prison authorities compelling General Secretary of the Bodu Bala Sena (BBS) Ven. Galadodaaththe Gnanasara to wear civilian attire when produced in court.

The Minister declined to elaborate but said the Cabinet of Ministers was yet to reach consensus on the recommendations. The NPP government, on 25 June 2025, appointed Thurairaja’s committee to study the provisions of the Article 34(1) of the Constitution, along with other statutory acts and judicial rulings.

Justice Thurairaja handed over his report to Justice and National Integration Ministry Secretary Ayesha Jinasena, PC.

The other members of the Committee were Deputy Minister of Mass Media Dr. Kaushalya Ariyarathne, Additional Secretary to the Ministry of Justice and National Integration Piyumanthi Peiris, Additional Solicitor General Nerin Pulle, Senior Deputy Inspector General of Police (SDIG) Legal Asanga Karawita, Chairperson of the Bureau of Rehabilitation Professor Wasantha Subasinghe, Specialist Dr. Chiththahari Abayanayake, former Acting Commissioner of Prisons Nishan Dhanasinghe, Acting Commissioner General of Prisons Prasad Hemantha Kumara, Senior Assistant Secretary (Legal) to the Ministry of Justice and National Integration Roshani Hettige, and Senior Assistant Secretary to the Ministry of Justice and National Integration Chandima Welikala.

The government called for guidelines regarding presidential pardon over a year before the Supreme Court rescinded, in September this year, the presidential pardon granted by Maithripala Sirisena to Ven Gnanasara serving a six-term of rigorous imprisonment for contempt of court. That pardon was granted in May 2019, the third controversial release by Sirisena during his presidency.

President Sirisena pardoned an ex-LTTE terrorist and also the Royal Park murderer Don Shramantha Jude Anthony Jayamaha, in 2016 and 2019, respectively. The Supreme Court, in June 2024, annulled the pardon granted to Jayamaha and ordered his arrest though he still remains free having fled overseas no sooner he was granted the pardon.

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Mahinda and Shiranthi hospitalised

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Former President Mahinda Rajapaksa was admitted to a private hospital yesterday morning (12).

Meanwhile, former First Lady Shiranthi Rajapaksa, who is currently in remand custody at Welikada Prison, has been admitted to the Cardiology Unit of the National Hospital in Colombo.

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Monks must be allowed to wear robes when produced in court: Mahanayake Theras

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SJB MPs meeting Most Venerable Tibbotuwawe Sri Sumangala Mahanayake Thera of the Malwathu Chapter

“JVP did not bomb Dalada Maligawa; it seized weapons from security personnel stationed there”

By S. K. Samaranayake

Most Venerable Tibbotuwawe Sri Sumangala Mahanayake Thera of the Malwathu Chapter yesterday said the President has assured that a final decision on new prison regulations would be taken withn two weeks and until then whenever bhikkhus were produced before court, they must be allowed to wear robes. The monk said the Mahanayaka Thera has written to the Commissioner General of Prisons about their decision.

The Mahanayake Thera said so when SJB MPs, led by General Secretary Ranjith Madduma Bandara, paid a courtesy call on him.

During the meeting, the Mahanayake Thera expressed the following views:

“Currently, a massive campaign is underway on social media to insult and disrespect the Maha Sangha. Some individuals carrying out these attacks are not linked to any political party. We expected the government to intervene and completely put an end to this, which is entirely possible. Laws should be introduced to control this. The insults directed at monks must be stopped immediately. We cannot accept these acts, no matter who commits them. We even saw fabricated images circulated on social media depicting the President in robes and monks in lay attire. Such disrespect is completely unacceptable and must be curbed.

“We also know that some individuals currently representing Parliament have past ties to the Sasana. All we ask is for the mudslinging and insults targeting monks to be halted immediately. Certain elements continue to spread falsehoods about the government. Before this administration came to power, they claimed temples were finished, Buddhism was over, and the Perahera wouldn’t take place. But didn’t they just conduct the Kandy Perahera brilliantly?

“Various people are even complaining about the Casket (Karanduwa) of the Dalada Maligawa. In particular, we saw former Diyawadana Nilame Niranjan Wijeratne criticising the matter. Much of what he said was false. During his tenure, the previous casket was coated in lacquer, which nobody talks about. Replacing the old brass casket with a golden casket is a very commendable step what is wrong with that? Just as items from royal eras are retired and modern equivalents are put to use, the older casket has been given due respect and securely housed. There is no issue there. Some people claim the JVP bombed the Maligawa too. Nothing of the sort happened; it was LTTE terrorists who bombed the temple. The JVP merely seized weapons from the security personnel stationed there.”

Meanwhile, speaking during the visit, SJB General Secretary Ranjith Madduma Bandara and other parliamentarians charged that the current administration is laying the groundwork to turn the country into a secular state.

“It is impossible to introduce new laws for monks within two weeks; it takes much longer,” Bandara noted. “The President has the authority to issue an interim directive that any monk presented to court must appear in robes, but he chooses not to do so because he does not want to. Everyone who speaks out against this is targeted and smeared on social media, driven by a network of 2,000 to 3,000 social media operators tied to the government who attack and insult me. Even during the case of Father Mathew Peiris, who committed murder, his clerical cassock was not stripped. Inside the prison religious leaders were respected.

“The public base of this current government is rapidly eroding as a result of their actions, which is why they are attempting to strike at Buddhism to secure minority votes. Any government is constitutionally bound to protect the Buddha Sasana. We will not allow them to destroy Buddhism and turn this country secular; we will defend Buddhism to the very last, and all Sri Lankans must step forward for this cause.”

Following their meeting at the Malwathu Chapter, the delegation proceeded to the Asgiri Mahavihara, where they met the Mahanayake Thera of the Asgiri Chapter, Most Venerable Warakagoda Sri Gnanaratana Mahanayake Thera, and Anunayake Venerable Narampanaye Sri Ananda Thera to brief them on the current situation.

The delegation included SJB Parliamentarians Ranjith Madduma Bandara, Kins Nelson, Sujeewa Senasinghe, A.C. Alahapperuma, Rohana Bandara, Suranga Ratnayake, Rohini Kaviratne, Chandrani Kirielle, alongside prominent figures such as Lakshman Kiriella, Wasantha Yapa Bandara, Ranjith Aluwihare, and Professor Upul Dissanayake.

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