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Editorial

Forgotten flaws in laws

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Friday 12th July, 2024

The government is going hell for leather to resolve some constitutional ambiguities as regards the length of the presidential term, etc. Now that the Supreme Court has determined that the duration of the President’s tenure is five years, the matter could be considered closed.

The government is apparently trying to use the constitutional amendment on the anvil to bolster its claim that it had nothing to do with the abortive fundamental rights petition that sought to delay the next presidential election on the basis of a non-existent constitutional issue. However, there is a pressing need to rectify some real flaws in the Constitution and make new laws to safeguard democracy. The Parliamentary Elections Act should also be amended to prevent it being used to circumvent a vital constitutional provision pertaining to the people’s franchise.

A chronic flaw in the Constitution allows political party leaders and their cronies to undermine the people’s franchise. It enabled Ranil Wickremesinghe, who lost his seat in the 2020 general election, to enter Parliament via the National List (NL) and become the President. Even a person who has never contested a parliamentary election can enter Parliament by having an NL vacancy created; worse, it is possible for him or her to become the President in a situation like the one we experienced in 2022. Hence the need for a constitutional amendment to prevent the misuse of the NL mechanism.

A questionable change effected to the parliamentary election laws about 36 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 bypass the Constitution and appoint individuals of their choice to Parliament as NL members.

As we have pointed out in a previous editorial 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. In 1988, the then UNP government 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 to bring in persons of their choice as MPs. Attempts to have this highly undemocratic practice terminated by judicial means have been in vain. This ‘smuggling tunnel’ must be closed once and for all.

Worse, it has now been revealed that the words, ‘any member’, were smuggled into 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 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 devious methods that governments employ to subjugate even the Constitution to their political interests. It may be recalled that the UNP-led Yahapalana 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.

The vociferous members of both sides of the House, given to talking hind legs off a donkey, have not cared to take up the aforesaid issues which undermine the integrity of the Constitution and the electoral process. No wonder public confidence in Parliament is at a low ebb; anti-politics is on the rise, and protesters wear Guy Fawkes masks.



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Editorial

Battling congestion in urban centres

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The Colombo District Development Committee (CDDC), at a recent meeting chaired by Prime Minister Dr. Harini Amarasuriya, has stressed the need for a comprehensive public parking plan and proposed multi-storey parking structures to ease severe congestion, exacerbated by the proliferation of commercial establishments in areas, such as Nugegoda. The committee has also discussed the issue of congestion near schools in Colombo city. Parking facilities are vital to any traffic management plan, but they alone do not help tackle congestion, which mainly results from the way existing road space is used and the interaction among through traffic, local traffic, pedestrians, parking and public transport, as experts have pointed out.

Traffic congestion in urban centres continues to worsen as successive governments have failed to implement a holistic approach to tackling the problem. There have been only piecemeal solutions.

Traffic congestion is multifactorial, and several key causative factors that have been identified and solutions proposed by experts over the years. The World Bank has pointed out that the growth of private vehicle ownership is a principal cause of congestion in Colombo. Deficiencies in public transport are driving the public towards private transport. Buses and trains are unreliable, uncomfortable or poorly coordinated.

Major roads carry both through traffic as well as traffic whose destination is somewhere along them, creating unnecessary interaction between different types of vehicular movement. A World Bank assessment identifies the lack of orbital links and secondary roads as a weakness in Colombo’s road infrastructure. This holds true for other urban centres as well.

Too many intersections are another problem. At every junction, vehicles entering from side roads, particularly those turning right across the main traffic stream, interrupt through traffic. Closely spaced intersections can therefore turn an otherwise adequate road into a sequence of bottlenecks. This problem has been tackled in the Kalutara town to a considerable extent; an uninterrupted central route runs through the town, with parallel roads providing local access. Local turning and stopping movements are prevented from repeatedly disrupting through traffic. There is a need to redesign junctions, coordinate signals, improve lane discipline and use modern traffic-management systems.

On-street parking and vehicles stopping on the carriageway also contribute to congestion. This is a particularly avoidable cause of congestion, as the CDDC has rightly observed at the aforementioned meeting. The World Bank has specifically identified “inadequate parking facilities” as a contributor to street congestion, noting that traffic lanes are blocked by double parking. Roadside commercial activity and encroachment have also been identified as one of the main causes of congestion. Shops, vendors, loading and unloading, parking, etc., effectively reduce the usable width of a road in a busy urban area.

Weak enforcement has resulted in illegal parking, stopping, turning and other violations that reduce the capacity of any road. Experts have called for consistent enforcement of traffic regulations, supported, where appropriate, by cameras. Lack of discipline among all road users, especially heavy vehicle and trishaw drivers and motorcyclists, is responsible for ever-worsening road chaos. This aspect of the problem too needs to be addressed.

Haphazard, large developments generate enormous additional traffic if they are concentrated around already congested roads or junctions. Nugegoda is a case in point. High-rise apartment complexes are mushrooming in Colombo even on narrow lanes. How such building plans pass muster with municipal and urban development authorities defies comprehension.

There have been several major transport studies and master plans to tackle congestion and related transport issues. If the incumbent government is keen to make roads less chaotic and prevent avoidable waste of fuel and manhours, it can commission a follow-up study to review and update the findings of the previous ones and formulate a comprehensive strategy to ease congestion.

It is believed that congestion costs Sri Lanka tens of billions of rupees a year and wastes millions of productive man-hours, with estimates ranging from about Rs. 32 billion in Greater Colombo in 2009 to more than Rs. 200 billion annually in a more recent estimate.

Expressways have benefited the country, and the current government has unveiled an ambitious plan to build some more. New expressways may be built, but the government ought not to lose sight of the need to develop the other roads characterised by congestion and delays.

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Editorial

Patriots, terrorists and succour for terror

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Thursday 17th September, 2026

The police have been grappling with a chronic manpower shortage, but they have not allowed it to stand in the way of investigating Opposition politicians. They are going to probe an NGO activist’s complaint that the LTTE, a banned organisation, was ‘promoted’ at a recent SLPP rally in Anuradhapura, according to media reports. Presumably, the complaint is about Jaffna District MP Ramanathan Archchuna’s admission during his speech at the SLPP rally on 12 Sept., that he was a Tiger (LTTE member).

If the police launch an investigation into MP Archchuna’s statement at issue, they should also probe some serious allegations he made against the incumbent government, especially his claim that pro-LTTE groups residing overseas backed the JVP-led NPP’s election campaigns.

The JVP-NPP government is all out to paint a black picture of the SLPP as a party of rogues and pseudo-patriots in a bid to prevent nationalistic forces from rallying behind the Rajapaksas again. So, all signs are that the police will go the whole nine yards and probe MP Archchuna’s declaration that he is a ‘Tiger’, though this is not the first time he has said so. It is doubtful whether the JVP/NPP leaders will be able to portray themselves as patriots by causing legal action to be taken against Archchuna and the SLPP over his Anuradhapura speech.

All self-proclaimed patriots in Sri Lankan politics have demonstrated that they do not scruple to subjugate their ‘patriotism’ to political expediency. Real patriots do not abuse power, resort to violence or terrorism, suppress democracy, destroy state assets, steal public funds or indulge in bribery and corruption, do they?

A probe is currently underway into an allegation that the SLPP engineered the 2019 regime change with the help of the National Thowheed Jamaath (NTJ), which carried out the Easter Sunday carnage. On Tuesday (15) Additional Solicitor General Dileepa Peiris informed the Colombo Fort Magistrate’s Court that investigations had uncovered that a person named Alawdeen, the father-in-law of one of the Easter Sunday suicide bombers, had provided speedboats to Zahran and his associates to travel to India before the Easter Sunday terror attacks. Alawdeen’s daughter, who was married to the bomber, had been released from detention during the presidency of Gotabaya Rajapaksa, and Alawdeen had supported Rajapaksa’s election campaign, Peiris claimed. His allegation reminds us of Yusuf Mohamed Ibrahim, the father of two Easter Sunday suicide bombers, Inshaf and Ilham. Ibrahim has been a key suspect in the Easter Sunday bombing investigation, and his company was under investigation for its alleged role in supplying materials used in the Easter Sunday attacks. Investigators have revealed that one of the two Ibrahim brothers who carried out the terror attacks spent about Rs. 45 million on NTJ terror operations. Ibrahim was a JVP National List nominee in 2015.

The Rajapaksa family has been accused of securing the help of both northern terrorists and eastern terrorists to capture power. One may recall that it enlisted the support of former southern terrorists as well. The UNP accused Mahinda Rajapaksa of having won the presidency in 2005 by bribing the LTTE to call for a boycott of the 2005 presidential election, thereby preventing many Tamil voters, who were thought to be supportive of UNP candidate Ranil Wickremesinghe, from voting. Mahinda contested from the SLFP, which was backed by a collective of left parties, with the JVP leading his presidential election campaign from the front and making his victory possible. President Rajapaksa subsequently provided political leadership for defeating the LTTE.

The UNP cut secret deals with the LTTE. President Ranasinghe Premadasa donated arms, ammunition, building materials and money to the LTTE while it was fighting the Indian Peace Keeping Force. The TNA, created by the LTTE, announced the 2005 presidential election boycott in the LTTE-held areas, and acted as the LTTE’s mouthpiece in Parliament. In the 2010 presidential election, the TNA backed former Army Commander Gen. Sarath Fonseka, who contested from the New Democratic Front, supported by the JVP, the UNP, the SLMC, etc. The same UNP-led opposition alliance, backed by the TNA and the JVP, among others, supported Maithripala Sirisena’s successful presidential bid in 2015. The JVP is now facing allegations that it is shielding an Easter Sunday terror suspect (Ibrahim) and has secured the support of pro-LTTE groups to win elections.

Politicians are not alone in having double standards on terrorism. Some prominent religious leaders who publicly express their abhorrence of terrorism had no qualms about meeting LTTE leaders, including Prabhakaran, and posing for photographs with them.

Nothing gives greater succour to terrorism than the hypocrisy of political and religious leaders.

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Editorial

More fuel price shocks shrouded in secrecy

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Wednesday 16th September, 2026

Opposition propagandists are in overdrive trying to portray the JVP-NPP government as an inefficient regime or a kakistocracy. But there are certain tasks it carries out very efficiently, and they include increasing taxes, tariff, and fuel prices. Speculation is rife that another fuel price hike is in the pipeline. Filling stations, operated by some foreign companies, have stopped dispensing diesel, claiming losses, according to media reports.

Opposition-aligned trade unionists and consumer rights groups have claimed that the government is trying to jack up diesel prices on the pretext of preventing losses to foreign petroleum companies so that the cost of running oil-fired power plants to meet Norochcholai’s generation shortfall caused by low-grade coal imports could be passed on to the public. The government stands accused of recovering losses due to procurement rackets by increasing electricity tariffs and petroleum prices.

Norochcholai’s coal quality issues translate directly into lost megawatt-hours, which must be replaced by expensive diesel power generation to avert power cuts. Experts have pointed out that even short durations of this replacement can consume hundreds of thousands of litres of diesel, depleting national stocks and costing billions of rupees.

Maintaining adequate fuel reserves and preventing coal supply shortfalls are critical for the country’s energy security. Delays in coal shipments and quality issues have compounded problems besetting the Norochcholai power complex. When coal power generation dropped due to substandard coal imports, the government should have planned for diesel demand surges while fixing the coal procurement process to minimise recurring shortfalls. Its failure to do so has driven the Ceylon Petroleum Corporation (CPC) to buy diesel at very high prices, as revealed by HSBC Group CEO Georges Elhedery, who told the media that Sri Lanka had once paid as much as USD 286 for (refined) diesel per barrel. The CPC subsequently admitted that it had purchased diesel at the extraordinarily high prices mentioned by the HSBC CEO. CPC Chairman D. J. Rajakaruna claimed that his institution had been left with no alternative but to pay the exceptionally high prices for diesel, as refusing to do so would have resulted in a fuel shortage. What was left unsaid however was that the demand for diesel had surged as oil-fired power plants were being pushed into service to make up for the shortfall in Norochcholai’s generation and avert power cuts.

Now that the government has indicated its willingness to consider increasing fuel prices, in two weeks, filling stations are bound to place bigger orders in the coming days and hoard fuel.

The government’s efforts to conceal the fact that the public has had to bear the losses caused by the coal scam have been in vain. There is no way the coal procurement rackets can be covered up. One may recall the UNP-led Yahapalana government’s attempts to obscure the Treasury bond scams in 2015 by means of aggressive denials and obfuscation failed. In a bid to muddy the water, it used a forensic examination of earlier Treasury bond transactions dating back to 2008 in keeping with a presidential commission of inquiry recommendation. The incumbent government is apparently trying to do something similar to confuse the public. When the coal procurement racket under its watch was exposed, it appointed a presidential commission of inquiry to probe all coal transactions dating back to 2009, when the coal procurement process reportedly began. A wag says that if a JVP-NPP politician happens to be caught with a gun and venison, the government may appoint a commission to investigate deer hunting since the time of King Devanampiyatissa, who encountered Arahant Mahinda while out on a deer hunt.

It is imperative that the government ensure transparency in fuel pricing. The public should be shown the complete cost reflective pricing formula together with the exact international benchmark, exchange rate, landed cost, taxes, levies, CPC costs, any loss-recovery component, etc., every time pump prices are revised. Consumers have a right to know how fuel prices are calculated.

Sadly, the Opposition does not seem keen to address issues concerning lack of transparency in fuel pricing, and the allegation that the government resorts to cost padding to justify price hikes. It is all hat and no cattle, critics say.

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