Features
THE PROPOSED 22nd AMENDMENT
-Is it a Machiavellian endeavour?
by Dr Nihal Jayawickrama
It has been reported that the Government proposes to introduce a Bill to amend the Constitution for the purpose of bringing Article 83 into conformity with the amendments made by the 19th Amendment to Articles 30(2) and 62(2). Since this proposal is wholly unnecessary, and makes no sense whatsoever in constitutional terms, it may be necessary to look beyond the obvious for some less discernible, perhaps more sinister or Machiavellian objective.
The 1978 Constitution provided in Article 30(2) that the President of the Republic shall hold office for a term of six years. It provided in Article 62(2) that unless sooner dissolved, every Parliament shall continue for six years from its first meeting. Article 83 contains a list of 13 Articles (including it) which can be amended only if, following a vote in favour of not less than two-thirds of the whole membership of Parliament, the Bill is also approved by the people at a Referendum. Among these entrenched Articles are 30(2) and 62(2), but Article 83 becomes operative only if an amendment seeks to extend the term of office of the President, or the duration of Parliament, to over six years.
Following the presidential election of 2015, Parliament enacted the 19th Amendment to the Constitution. The Bill that was presented by Prime Minister Ranil Wickremesinghe, following approval by the Supreme Court, sought to amend Article 30(2) to reduce the term of office of the President to five years, and to amend Article 62(2) to reduce the duration of Parliament to five years. That Bill received the support of all the Members of Parliament except one. Article 83 was not sought to be amended since the Bill’s objective was to reduce, not extend, the President’s term of office or the duration of Parliament beyond six years.
Nine years later, without any issue having been raised by the Supreme Court or by any other court or tribunal, or in Parliament, or in any other forum, the Government proposes to amend the Constitution for the sole purpose of replacing the words “six years” in Article 83 with the words “five years”. WHY?
The Supreme Court has thrice affirmed (the third being only last week) the legitimacy of the 19th Amendment. Why then is the Government attempting to set in motion a parliamentary debate followed by a national referendum (the latter at a cost of at least ten million rupees and a massive disruption of public services) a few weeks before the equally expensive and equally disruptive presidential election scheduled for September or October this year?
In the absence of any rational explanation, one is entitled to speculate on whether there could be some devious, deceitful or self-serving objective. Could it be the expectation that at the committee stage, an amendment would be moved to achieve linguistic uniformity not by replacing the words “six years” with “five years” in Article 83, but by replacing the words “five years” with “six years” in Articles 30(2) and 62(2), thereby restoring the 1978 Constitution to its original form? That will not require to be approved by the people at a referendum, but only the affirmative votes of two-third of the parliamentary membership.
If that is the hidden agenda, it will not only save the government the enormous cost of a referendum but may also provide the Members of Parliament elected in 2020 with an additional year in office. Whether it will provide the President, who was elected by Parliament to “hold office only for the unexpired period of the term of office of the President vacating office” (Article 40) to continue in office for an additional year may need to be determined by the Supreme Court, having regard to the fact that his predecessor who fled the country in 2022 was elected in 2019 to serve a term of only five years.
Features
Recruiting academics to state universities – beset by archaic selection processes?
Time has, by and large, stood still in the business of academic staff recruitment to state universities. Qualifications have proliferated and evolved to be more interdisciplinary, but our selection processes and evaluation criteria are unchanged since at least the late 1990s. But before I delve into the problems, I will describe the existing processes and schemes of recruitment. The discussion is limited to UGC-governed state universities (and does not include recruitment to medical and engineering sectors) though the problems may be relevant to other higher education institutions (HEIs).
How recruitment happens currently in SL state universities
Academic ranks in Sri Lankan state universities can be divided into three tiers (subdivisions are not discussed).
* Lecturer (Probationary)
– recruited with a four-year undergraduate degree. A tiny step higher is the Lecturer (Unconfirmed), recruited with a postgraduate degree but no teaching experience.
* A Senior Lecturer can be recruited with certain postgraduate qualifications and some number of years of teaching and research.
* Above this is the professor (of four types), which can be left out of this discussion since only one of those (Chair Professor) is by application.
State universities cannot hire permanent academic staff as and when they wish. Prior to advertising a vacancy, approval to recruit is obtained through a mind-numbing and time-consuming process (months!) ending at the Department of Management Services. The call for applications must list all ranks up to Senior Lecturer. All eligible candidates for Probationary to Senior Lecturer are interviewed, e.g., if a Department wants someone with a doctoral degree, they must still advertise for and interview candidates for all ranks, not only candidates with a doctoral degree. In the evaluation criteria, the first degree is more important than the doctoral degree (more on this strange phenomenon later). All of this is only possible when universities are not under a ‘hiring freeze’, which governments declare regularly and generally lasts several years.
Problem type 1
– Archaic processes and evaluation criteria
Twenty-five years ago, as a probationary lecturer with a first degree, I was a typical hire. We would be recruited, work some years and obtain postgraduate degrees (ideally using the privilege of paid study leave to attend a reputed university in the first world). State universities are primarily undergraduate teaching spaces, and when doctoral degrees were scarce, hiring probationary lecturers may have been a practical solution. The path to a higher degree was through the academic job. Now, due to availability of candidates with postgraduate qualifications and the problems of retaining academics who find foreign postgraduate opportunities, preference for candidates applying with a postgraduate qualification is growing. The evaluation scheme, however, prioritises the first degree over the candidate’s postgraduate education. Were I to apply to a Faculty of Education, despite a PhD on language teaching and research in education, I may not even be interviewed since my undergraduate degree is not in education. The ‘first degree first’ phenomenon shows that universities essentially ignore the intellectual development of a person beyond their early twenties. It also ignores the breadth of disciplines and their overlap with other fields.
This can be helped (not solved) by a simple fix, which can also reduce brain drain: give precedence to the doctoral degree in the required field, regardless of the candidate’s first degree, effected by a UGC circular. The suggestion is not fool-proof. It is a first step, and offered with the understanding that any selection process, however well the evaluation criteria are articulated, will be beset by multiple issues, including that of bias. Like other Sri Lankan institutions, universities, too, have tribal tendencies, surfacing in the form of a preference for one’s own alumni. Nevertheless, there are other problems that are, arguably, more pressing as I discuss next. In relation to the evaluation criteria, a problem is the narrow interpretation of any regulation, e.g., deciding the degree’s suitability based on the title rather than considering courses in the transcript. Despite rhetoric promoting internationalising and inter-disciplinarity, decision-making administrative and academic bodies have very literal expectations of candidates’ qualifications, e.g., a candidate with knowledge of digital literacy should show this through the title of the degree!
Problem type 2 – The mess of badly regulated higher education
A direct consequence of the contemporary expansion of higher education is a large number of applicants with myriad qualifications. The diversity of degree programmes cited makes the responsibility of selecting a suitable candidate for the job a challenging but very important one. After all, the job is for life – it is very difficult to fire a permanent employer in the state sector.
Widely varying undergraduate degree programmes.
At present, Sri Lankan undergraduates bring qualifications (at times more than one) from multiple types of higher education institutions: a degree from a UGC-affiliated state university, a state university external to the UGC, a state institution that is not a university, a foreign university, or a private HEI aka ‘private university’. It could be a degree received by attending on-site, in Sri Lanka or abroad. It could be from a private HEI’s affiliated foreign university or an external degree from a state university or an online only degree from a private HEI that is ‘UGC-approved’ or ‘Ministry of Education approved’, i.e., never studied in a university setting. Needless to say, the diversity (and their differences in quality) are dizzying. Unfortunately, under the evaluation scheme all degrees ‘recognised’ by the UGC are assigned the same marks. The same goes for the candidates’ merits or distinctions, first classes, etc., regardless of how difficult or easy the degree programme may be and even when capabilities, exposure, input, etc are obviously different.
Similar issues are faced when we consider postgraduate qualifications, though to a lesser degree. In my discipline(s), at least, a postgraduate degree obtained on-site from a first-world university is preferable to one from a local university (which usually have weekend or evening classes similar to part-time study) or online from a foreign university. Elitist this may be, but even the best local postgraduate degrees cannot provide the experience and intellectual growth gained by being in a university that gives you access to six million books and teaching and supervision by internationally-recognised scholars. Unfortunately, in the evaluation schemes for recruitment, the worst postgraduate qualification you know of will receive the same marks as one from NUS, Harvard or Leiden.
The problem is clear but what about a solution?
Recruitment to state universities needs to change to meet contemporary needs. We need evaluation criteria that allows us to get rid of the dross as well as a more sophisticated institutional understanding of using them. Recruitment is key if we want our institutions (and our country) to progress. I reiterate here the recommendations proposed in ‘Considerations for Higher Education Reform’ circulated previously by Kuppi Collective:
* Change bond regulations to be more just, in order to retain better qualified academics.
* Update the schemes of recruitment to reflect present-day realities of inter-disciplinary and multi-disciplinary training in order to recruit suitably qualified candidates.
* Ensure recruitment processes are made transparent by university administrations.
Kaushalya Perera is a senior lecturer at the University of Colombo.
(Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.)
Features
Talento … oozing with talent
This week, too, the spotlight is on an outfit that has gained popularity, mainly through social media.
Last week we had MISTER Band in our scene, and on 10th February, Yellow Beatz – both social media favourites.
Talento is a seven-piece band that plays all types of music, from the ‘60s to the modern tracks of today.
The band has reached many heights, since its inception in 2012, and has gained recognition as a leading wedding and dance band in the scene here.
The members that makeup the outfit have a solid musical background, which comes through years of hard work and dedication
Their portfolio of music contains a mix of both western and eastern songs and are carefully selected, they say, to match the requirements of the intended audience, occasion, or event.
Although the baila is a specialty, which is inherent to this group, that originates from Moratuwa, their repertoire is made up of a vast collection of love, classic, oldies and modern-day hits.
The musicians, who make up Talento, are:
Prabuddha Geetharuchi:
(Vocalist/ Frontman). He is an avid music enthusiast and was mentored by a lot of famous musicians, and trainers, since he was a child. Growing up with them influenced him to take on western songs, as well as other music styles. A Peterite, he is the main man behind the band Talento and is a versatile singer/entertainer who never fails to get the crowd going.
Geilee Fonseka (Vocals):
A dynamic and charismatic vocalist whose vibrant stage presence, and powerful voice, bring a fresh spark to every performance. Young, energetic, and musically refined, she is an artiste who effortlessly blends passion with precision – captivating audiences from the very first note. Blessed with an immense vocal range, Geilee is a truly versatile singer, confidently delivering Western and Eastern music across multiple languages and genres.
Chandana Perera (Drummer):
His expertise and exceptional skills have earned him recognition as one of the finest acoustic drummers in Sri Lanka. With over 40 tours under his belt, Chandana has demonstrated his dedication and passion for music, embodying the essential role of a drummer as the heartbeat of any band.
Harsha Soysa:
(Bassist/Vocalist). He a chorister of the western choir of St. Sebastian’s College, Moratuwa, who began his musical education under famous voice trainers, as well as bass guitar trainers in Sri Lanka. He has also performed at events overseas. He acts as the second singer of the band
Udara Jayakody:
(Keyboardist). He is also a qualified pianist, adding technical flavour to Talento’s music. His singing and harmonising skills are an extra asset to the band. From his childhood he has been a part of a number of orchestras as a pianist. He has also previously performed with several famous western bands.
Aruna Madushanka:
(Saxophonist). His proficiciency in playing various instruments, including the saxophone, soprano saxophone, and western flute, showcases his versatility as a musician, and his musical repertoire is further enhanced by his remarkable singing ability.
Prashan Pramuditha:
(Lead guitar). He has the ability to play different styles, both oriental and western music, and he also creates unique tones and patterns with the guitar..
Features
Special milestone for JJ Twins
The JJ Twins, the Sri Lankan musical duo, performing in the Maldives, and known for blending R&B, Hip Hop, and Sri Lankan rhythms, thereby creating a unique sound, have come out with a brand-new single ‘Me Mawathe.’
In fact, it’s a very special milestone for the twin brothers, Julian and Jason Prins, as ‘Me Mawathe’ is their first ever Sinhala song!
‘Me Mawathe’ showcases a fresh new sound, while staying true to the signature harmony and emotion that their fans love.
This heartfelt track captures the beauty of love, journey, and connection, brought to life through powerful vocals and captivating melodies.
It marks an exciting new chapter for the JJ Twins as they expand their musical journey and connect with audiences in a whole new way.
Their recent album, ‘CONCLUDED,’ explores themes of love, heartbreak, and healing, and include hits like ‘Can’t Get You Off My Mind’ and ‘You Left Me Here to Die’ which showcase their emotional intensity.
Readers could stay connected and follow JJ Twins on social media for exclusive updates, behind-the-scenes moments, and upcoming releases:
Instagram: http://instagram.com/jjtwinsofficial
TikTok: http://tiktok.com/@jjtwinsmusic
Facebook: http://facebook.com/jjtwinssingers
YouTube: http://youtube.com/jjtwins
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