Features

Establishing the Supremacy of the Constitution over Parliament

Published

12 months ago

2025/06/20

In a country where the Constitution is supreme, all conduct that is inconsistent with it is invalid. This includes parliamentary legislation, which may be reviewed by the judiciary, potentially resulting in inconsistent provisions being declared invalid. Ideally, other actions of Parliament, such as the conduct of its proceedings and the adoption of resolutions, should also be subject to constitutionality review. Conversely, in countries where parliamentary sovereignty prevails, legislation or processes of Parliament are not open to review.

This article emphasises the importance of permitting judicial review of actions by Parliament and its officials, thereby ensuring the Constitution’s supremacy in practice. It must be emphasised that this also applies to the executive, judiciary, independent institutions, and the citizenry.

Sri Lankan Constitutions

In the Independence (Soulbury) Constitution of Ceylon, although there was no explicit provision conferring upon courts the power to declare legislation invalid, such power was implicitly acknowledged and exercised, as demonstrated in Bribery Commissioner v. Ranasinghe and Liyanage v. The Queen.

Under the Republican Constitution of 1972, the National State Assembly (NSA) was the supreme instrument of state power and possessed unlimited legislative authority, including the power to amend and to replace the Constitution with a two-thirds majority. A Bill inconsistent with a constitutional provision can be passed with a two-thirds majority without amending that provision. All laws that existed when the Constitution came into effect remained valid, notwithstanding any inconsistency with fundamental rights. The Public Security Ordinance, a pre-independence law, was deemed to have been enacted under the Constitution, thereby validating its provisions in relation to the entire Constitution. Legislation can be challenged only at the Bill stage. Section 39 stipulated that the proceedings of the NSA, or anything done, purported to be done, or omitted to be done by the NSA, were immune from judicial review.

The 1978 Constitution declares in the Preamble that it is the Supreme Law of the country. However, several provisions of the Constitution undermine the very concept of its supremacy. Provisions from the 1972 Constitution relating to judicial review, existing laws, passing Bills inconsistent with the Constitution and the Public Security Ordinance remain in effect. The President’s unconstitutional acts could not have been challenged until the Nineteenth Amendment allowed fundamental rights applications to be filed.

The prohibition on post-enactment review means that if citizens have not been vigilant in challenging a Bill containing an unconstitutional provision, such a provision cannot be contested once the Bill becomes law. In a developing country like ours, it is irrational to expect citizens to be watchful and scrutinise all Bills published in the Gazette for potential unconstitutional provisions. Many unconstitutional provisions have escaped the attention of even the Bar Association of Sri Lanka. Furthermore, the effects of a law are best observed once it is in operation; not all possible effects can be anticipated at the Bill stage. Additionally, citizens would benefit from the evolution of the law if post-enactment review is permitted.

Parliament (Powers and Privileges) Act

The 1978 Constitution does not contain a provision similar to section 39 of the 1972 Constitution, stipulating that proceedings of Parliament are immune from judicial review. However, like the 1972 Constitution, Article 67 provides that until Parliament determines its privileges, immunities, and powers by law, the Parliament (Powers and Privileges) Act, 1953, shall apply. Section 3 of the Act states: “There shall be freedom of speech, debate and proceeding in Parliament and such freedom of speech, debate or proceedings shall not be liable to be impeached or questioned in any Court or place out of Parliament.” Several Speakers of Parliament have interpreted Section 3 to assert complete autonomy for parliamentary decisions and unfettered control over proceedings.

For example, Speakers Anura Bandaranaike and Chamal Rajapaksa took up the position that the appointment of a Select Committee to inquire into allegations against a judge of the Supreme Court or the Court of Appeal was immune from judicial review. Speaker Bandaranaike quoted Erskine May, an acknowledged authority on parliamentary procedure in the United Kingdom: The whole of the law and custom of Parliament has its origin from one maxim, ‘that whatever matter arises concerning either House of Parliament ought to be examined, discussed and adjudged in that House to which it relates and not elsewhere.’

However, in Chandraguptha Thenuwara v. Chamal Rajapaksa, a five-member Bench of the Supreme Court held that such an appointment did not fall within the legislative powers of Parliament. Instead, it amounted to executive or administrative action, challengeable under the fundamental rights jurisdiction of the Supreme Court.

Yet, the issue of the justiciability of other actions of the Speaker and Parliament remains. One must remember that Erskine May was discussing practices in Britain, where the concept of parliamentary sovereignty reigns. Additionally, in the absence of a specific constitutional provision permitting the judiciary to review the constitutionality of actions by the Speaker and Parliament, judicial decisions would be disregarded, as Speakers Bandaranaike and Rajapakse did.

Globally, there have been instances where Members of Parliament have infringed upon the fundamental rights of ordinary citizens under the pretence of exercising their freedom of speech and debate. Citizens have no recourse against such actions. Such instances are significantly fewer in countries with strong political traditions. While effective internal procedures are the best means to ensure that the rights of others are not violated, it is timely to consider alternative procedures and remedies in countries like ours where such violations continue unabated.

Comparative provisions and judgments

It would be useful to examine constitutional provisions and landmark judgments of developing countries where the supremacy of the Constitution is recognised. I chose India, South Africa, Papua New Guinea and Malawi, all members of the Commonwealth.

Although the Indian Constitution does not explicitly declare so, its supremacy is evident throughout. Numerous decisions of the Indian Supreme Court support this position. Legislation is subject to post-enactment judicial review, and acts of the Executive can also be reviewed. Articles 122 and 212 provide that the validity of any proceedings in Parliament and a State legislature, respectively, shall not be called in question “on the ground of any alleged irregularity of procedure.” In and Rojer Mathew vs South Indian Bank Ltd., the Supreme Court interpreted this to mean that the immunity granted is limited to ‘irregularity of procedure’ and does not extend to substantive illegality or unconstitutionality.

The Forty-second Amendment, passed during Indira Gandhi’s notorious emergency rule, stipulated that no amendment to the Constitution could be challenged in any court on any grounds. This provision was struck down by the Supreme Court in Minerva Mills v. Union of India, stating that “Parliament cannot, under Article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic and essential features.”

Section 2 of the South African Constitution reads: “This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”

Economic Freedom Fighters v. Speaker of the National Assembly

concerned a report by the Public Protector regarding allegations of improper conduct or irregular expenditure related to security upgrades at the private residence of President Jacob Zuma. She concluded that the President derived undue benefits and directed him to pay a portion that was reasonably proportionate to the undue benefit. However, based on a report by the Minister of Police, the National Assembly passed a resolution absolving the President of liability. An eleven-member Bench of the Constitutional Court unanimously held that the National Assembly resolution was inconsistent with the Constitution.

In Papua New Guinea, section 11 of the Constitution declares that the Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and all acts (whether legislative, executive, or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective.

Under section 18, the Supreme Court has an original and exclusive jurisdiction as to any question relating to the interpretation or application of any provision of the Constitution or an Organic Law.

Application by the Honourable James Nomane MP

related to a decision made by the Private Business Committee of Parliament to disallow a motion of no confidence in the Prime Minister on the ground that it was brought within twelve months after a similar motion was defeated. Standing Order 165 permitted the Speaker to disallow any motion that is the same in substance as one brought within the previous twelve months. The constitutionality of the decision, as well as of Standing Order 165, was challenged in the Supreme Court. The Court was satisfied that Standing Order 165, which constrains the exercise of the right of a member of Parliament to bring a motion of no confidence, was not reasonably justifiable and therefore unconstitutional. The decision of the Private Business Committee was consequently unconstitutional.

The Speaker was directed to recall Parliament on a date appointed by the Court.

In Reference by Morobe Provincial Executive re Re-election of the Governor-General, the Supreme Court declared that the re-election of a Governor-General by Parliament was unconstitutional and ordered that Parliament be recalled as soon as practicable to remedy deficiencies in the nomination and election of the Governor-General.

Thus, acting under section 18 of the Constitution, the Papua New Guinea Supreme Court has declared a Standing Order unconstitutional, reviewed and struck down decisions of parliamentary committees, declared decisions of Parliament unconstitutional and directed the Speaker to convene Parliament. Parliament obeyed the rulings without demur.

Section 5 (Supremacy of this Constitution) of the Constitution of Malawi states: Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid. Section 108(2) states: “The High Court shall have original jurisdiction to review any law, and any action or decision of the Government, for conformity with this Constitution, save as otherwise provided by this Constitution and shall have such other jurisdiction and powers as may be conferred on it by this Constitution or any other law”.

In Tembo v. Attorney-General, the Malawi High Court held that it had no difficulty in concluding that ‘government’ as used in section 108 includes the three organs of government. When the Speaker or the National Assembly makes a decision within the House that involves interpreting the Constitution or a law, such a decision is subject to review by the judiciary to ensure it complies with the law and the Constitution. Both the Supreme Court and the High Court held similarly in Nseula v. Attorney-General, where a decision of the Speaker that the petitioner’s seat in Parliament had fallen vacant as he had allegedly crossed the floor was challenged.

Establishing constitutional supremacy

Sri Lankans are weary of both persons in authority and institutions running roughshod over the law. The Aragalaya’s demand for “system change” exemplified the popular sentiment, which was followed by an electoral mandate for a radical transformation. The promised Constitution must therefore be a transformative constitution that reflects the people’s wishes. Regarding actions of the legislature, this would mean a constitution under which all actions of Parliament, whether legislative or otherwise, are subject to review by the judiciary for constitutionality.

BY (Dr) Jayampathy Wickramaratne, President’s Counsel ✍️

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Features

Proactive peacemaking becomes a paramount need

Published

4 hours ago

2026/06/4

Sahan Weerasooriya

Wasting wars: Some war-displaced people in Lebanon. BBC

It may be some time before the full impact of food inflation is felt in the West. Until such time the world would continue to keep itself in suspense over whether the Trump administration is in earnest when it seeks to convey the impression that it is backing a negotiated solution in West Asia.

As is usually the case, consumer stress would be one of the final determinants of political change. To the degree to which the average US consumer somehow ‘muddles through’ and puts the food on the table, to the same extent would the Republican sections of the US public in particular be tolerant of the Trump administration’s inconsistent handling of the West Asian war and the main issues stemming from it. That is, there would be no grave popular disaffection and a demand for political change in the short term.

However, the indications are that the Trump administration’s support base is suffering some erosion in the wake of the current economic crisis. While reports indicate that Democratic sections are firming-up their opposition to the political centre, Republican support for Trump is also showing signs of waning, we are given to understand.

The above developments are probably why Trump is on record as having given Israeli Prime Minister Benjamin Netanyahu a ‘dressing down’ recently on his seeming intransigence on the question of giving negotiations a chance in West Asia. The show of displeasure could be really aimed by Trump at containing the impatience of the American public.

However, the current ground situation in the Middle East, particularly the uncontained bloodshed, is likely to impress on the thinking sections of the world that more than temporary political change is needed in West Asia and the US.

A well thought out political solution that addresses all the contentious issues at the heart of the Middle East conflict is what enlightened opinion would demand, and very rightly. Right now, the ‘peace efforts’ initiated by the Trump administration give the impression of being piecemeal solutions at best.

There have been, of course, numerous initiatives in the past aimed at bringing permanent peace to the Middle East. These failed mainly because they did not address in full the root causes of the conflict.

At bottom the Middle East conflict is mainly about race and religious hate bred by socio-economic and material inequalities. For instance, if the Palestinian people were not displaced and deprived of land occupied by them at the time of the founding of the Israeli state, ethnic enmities would not have grown to the current unmanageable proportions.

When addressing the above questions, though, it must be remembered that the Israelis too were a displaced people who were entitled to land and a state of their own in the Middle East. Basically, out of these seemingly irreconcilable and conflicting demands have grown the Middle East imbroglio.

Middle East peace is considerably about reconciling these demands and arriving at a solution that would ensure the creation of two states that would opt for peaceful co-existence thereafter.

As long as the US does not see the need for a non-partisan solution that addresses the needs of both ethnicities and religions and goes all-out, as it were, to have it implemented, the Middle East would continue to bleed.

However, staunching the blood flow through the creation of two states would be only half the job done, though a very important part of it. More pernicious, pervasive and difficult to remedy are the inter-ethnic and inter-religious hatreds that have been unleashed over the decades.

However, if substantial, long-lasting peace is to be fostered in the region the latter ‘demons’ would need to be exorcised from the hearts and minds of the communities concerned. No doubt an uphill task but one that must be undertaken by those who wish the region well.

The UN would need to put its ‘best foot forward’ in such undertakings but it is time that it dawned on the international community and other caring quarters that Middle East peace, and all other such uphill challenges, require proactive peacemaking on the part of all civilized sections for their effective management. That is, public involvement in peacemaking too is a must.

Since hatreds are harboured in the human consciousness the enmities embedded in the latter need to be managed and defused judiciously alongside other undertakings in a peace process. In the case of West Asia, such enmities could be even spread globe-wide besides being multi-dimensional. For instance, it ought to be thought-provoking that Iran is insistent on a peace initiative that would also include Lebanon.

Besides security considerations it is also ethnic and religious affiliations that account for Iran making this demand. For instance, the Shias are a numerically important religious community in Lebanon and they provide a significant number of Hizbollah fighters, who are in a vital sense carrying out a ‘proxy war’ for Iran. It also needs to be factored in that Iran is a Shia-majority country.

Thus trans-border religious affiliations could add to the complexities and enormity of ethno-religious conflicts. However, the task of managing centuries-long enmities needs to be launched and prodded on with by peacemakers since a downing of arms alone would not guarantee substantive peace.

It is not realized sufficiently that the process of ending hatreds begins with mutual apologies by antagonists to a conflict for the harm inflicted on each other. This would be anathema in some ears but there is no getting away from the requirement. It is the vital first step to permanent peace anywhere.

In fact there could be no reconciliation worth speaking of without such mutual apologies. It is a point worth re-iterating in these times when even the government of Sri Lanka is voicing the need for national reconciliation. Well, without the words, ‘I am sorry’, there could be no permanent end to enmities – they would do well to remember.

The above requirements may not go down very well with governments, but they resonate in the hearts and minds of most people, since they are inheritors of religious traditions of some kind.

This is a principal reason why peacemaking works well when publics too are involved in them. The effectiveness of such campaigns increases several fold when they have a Mahatma Gandhi or a Jawaharlal Nehru at their helm. A strong proactive involvement by the public in peace could lead to the emergence of such leaders at some point in these campaigns.

Features

Dialog Brings Sri Lanka’s Largest Digital Vesak Experience to Matara

Published

4 hours ago

2026/06/4

Sahan Weerasooriya

From left to right: Hon. Saroja Savithri Paulraj, Hon. Sunil Handunnetti, and Lasantha Theverapperuma experience the Dialog 5G Ultra-powered VR tours.

Official Digital Partner of the 2026 ‘Dakshina Prabha’ National Vesak Zone

Dialog Axiata PLC, Sri Lanka’s #1 connectivity provider, collaborated with the Ministry of Buddha Sasana, Religious and Cultural Affairs to bring one of Sri Lanka’s largest and most technologically advanced Vesak experiences to the ‘Dakshina Prabha’ National Vesak Zone. The three-day celebration, in Matara attracted more than hundred thousand visitors, who engaged with a series of innovative digital activities powered by Dialog 5G Ultra, including Artificial Intelligence (AI) and Virtual Reality (VR) experiences, digital pandols and a Data Dansala. The opening ceremony was attended by Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development and Hon. Saroja Savithri Paulraj, Minister of Women and Child Affairs, along with distinguished guests and Dialog’s senior management.

One of the key attractions at the venue was the Dialog 5G Ultra-powered Virtual Reality (VR) experience, which attracted more than 35,000 participants. The activation enabled devotees to virtually visit and pay homage to sacred Buddhist sites, including the Jaya Sri Maha Bodhi in India and the Atamasthana in Anuradhapura, directly from the Vesak zone in Matara.

Visitors receive complimentary mobile data through Dialog’s QR-powered Data Dansala.

Dialog also conducted an AI Digital Vesak Greeting Card Competition from 21 May to 01 June 2026, attracting numerous entries from across the country. The shortlisted designs were showcased across 20 large LED screens throughout the venue and across Matara City, and were also made available for download via mobile devices. Further, through the use of AI, traditional Jathaka Katha were reimagined in a digital format, demonstrating how technology can be used to preserve and enhance cultural and religious heritage. Together, these initiatives blended traditional Vesak celebrations with emerging technologies, offering visitors a unique and immersive way to engage with Vesak traditions.

Extending the spirit of Vesak through connectivity, Dialog conducted a special Data Dansala powered by its QR Reload platform, enabling visitors to receive complimentary mobile data by scanning QR codes placed across the venue. In addition to the Matara National Vesak Zone, similar Data Dansala activations were also conducted at the Gangaramaya and Bauddhaloka Vesak zones in Colombo.Visitors also had the opportunity to create personalised Vesak-themed digital photos through an AI Photo Booth, generating AI-enhanced portraits using their own photographs and adding a contemporary digital element to the Vesak celebrations.

Visitors watch AI-generated Jathaka Katha

Commenting on the initiative, Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development, said, “The 2026 Dakshina Prabha Vesak Festival marked the first time AI-powered digital innovations were incorporated into a National Vesak Festival in Sri Lanka. Presenting Buddhist stories and teachings through technology created a new and engaging way for visitors to connect with these traditions. We thank Dialog for supporting this initiative and for working closely with us to bring our vision to life. Their contribution played an important role in making this first-of-its-kind event a reality.”

Lasantha Theverapperuma, Group Chief Marketing Officer of Dialog Axiata PLC said, “We thank the Government of Sri Lanka for the opportunity to support the 2026 Dakshina Prabha National Vesak Festival and for embracing technology as part of this year’s celebrations. As the Official Digital Partner, we were privileged to contribute through our Dialog 5G Ultra and AI capabilities, creating new ways for visitors to engage with Vesak traditions while preserving their cultural significance for future generations.”

Beyond supporting the National Vesak Zone in Matara, Dialog also enhanced the Gangaramaya and Bauddhaloka Vesak zones through a range of digital activations during the Vesak season. The company additionally continued its sustainability initiatives, including the Thirasara Aloka Poojawa, which illuminated rural places of worship through solar-powered lighting solutions.

Features

Beauty, elegance and talent…for women

Published

4 hours ago

2026/06/4

Sahan Weerasooriya

Universal Woman is an international pageant focused on “beauty, elegance, and talent” for women, positioning itself as a platform to shape global ambassadors. The 2026 edition will be held in Cambodia, and Sri Lanka will be there, as well.

According to reports coming my way, contestants, at the international event, will work with industry trailblazers, under international standards.

Sri Lankan supermodel, runway and pageant trainer Chulpadmendra Kumarapathirana, is the National Director for Universal Woman Sri Lanka 2026.

With over two decades in the industry, Chula was crowned Miss Sri Lanka 2006, and has since shaped the next generation of titleholders through her Colombo-based Chulpadmendra Catwalk Studio, widely regarded as one of the country’s leading modelling academies.

The team behind Universal Woman Sri Lanka 2026

A former host of Derana Miss Sri Lanka for Miss World 2008 and a judge for Miss Universe Sri Lanka 2025, Chula now serves as National Director for Universal Woman Sri Lanka 2026, leading the franchise’s search for Sri Lanka’s delegate to the international final in Cambodia.

Applications for Universal Woman Sri Lanka 2026 are being taken, via WhatsApp: 077 659 4994, says Chula.

The judging panel for Universal Woman Sri Lanka 2026 includes Senaka De Silva, Pageant Aesthetic Advisor & Chairperson of the Judging Panel, Angela Seneviratne, Caroline Jurie, Rozelle Plunkett, and Suraj Mapa.

Universal Woman Sri Lanka 2026 officially began its journey with a first round of auditions, held in Colombo, marking the start of an exciting new chapter in Sri Lanka’s pageant industry.

Launching the first round of auditions

The platform aims to empower women while selecting an intelligent, confident, and inspiring representative to compete at the Universal Woman International Pageant 2026 in Cambodia, this September.

Universal Woman Sri Lanka now moves forward with the vision of creating one of the country’s most prestigious and empowering pageants while preparing to crown a queen who will proudly represent Sri Lanka on the international stage.