Features
WHY THE HURRY ABOUT 20A?
by Professor G. L. Peiris
Minister Of Education
May I begin by expressing my appreciation to the Kandy Professionals Association for embarking on this very timely initiative of meeting every month, on a Sunday, to discuss in depth the issues involving constitutional reform, and the way forward in our country. I consider this an exercise of immediate relevance and value.
The decision by the Government to present to the Cabinet of Ministers the text of the 20th Amendment to modify significantly the contents of the 19th Amendment and, after obtaining the approval of the Cabinet, to move the Amendment in Parliament, has attracted considerable public interest and discussion. As a preliminary to this, I think it is important to explain to the country the need for this. The public should have a clear understanding of the rationale underpinning this reform. This is all the more necessary because of the elaborate myths which have been assiduously cultivated, skilfully spread, by vested interests throughout the spectrum of our society.
The core of their argument is that the retention of the 19th Amendment is essential to preserve seminal values which we all believe in – the Rule of Law, independence of the judiciary and the separation of powers. They contend that removal or reform of the 19th Amendment is an act of treachery and that all must stand firm against it. If this is allowed to happen, so they contend, the result will be a mortal blow struck against human rights, democracy and seminal institutions including Parliament. The argument, set forth in the most emotional terms, needs to be assessed in the light of cold reason. What is the truth of this? Nothing is more crucial at this point than to inform the public mind about the reality of the current situation.
It is strenuously contended by interested parties that the 19th Amendment brought immense benefits in its wake, and that it has to be protected at any cost. Nothing could be further from the truth. It is for the entrenchment of narrow vested interests that this intricately orchestrated campaign, fortified by abundant resources and closely knit organization, has been launched. Why is 20A necessary? For a variety of reasons, no doubt. But chief among them, indisputably, is the maintenance of law and order – essential as it is for the protection of life and limb. This takes precedence over all other obligations – development in the economic, social and cultural fields.
This, then, is the principal and indispensable obligation of the State. If this duty is not fulfilled, all else become illusory.
What impact did the 19th Amendment have in this regard? The 19th Amendment categorically states that the President is debarred from holding any portfolios. Who is the President? He is the leader elected by the entire population of the country by the free exercise of the franchise. The inalienable duty of the President is the security of the State and the People. But the 19th Amendment prevents him from functioning as the Minister of Defence. We emphatically reject this position.
The 19th Amendment did contain a transitional provision. That, however, was limited in its operation to former President Maithripala Sirisena, who was permitted to hold the portfolio of Environment and Mahaveli Development during his tenure of the Presidency. This was an individual-centric provision which did not apply to Presidents who succeeded him.
For all other Presidents, the 19th Amendment imposes an inflexible bar against the holding of any portfolio, including Defence. Arguably, Articles 3 and 4 of the Constitution, read together, allow and indeed require, the President to hold the Defence portfolio, but this is a matter that would require judicial interpretation, in the event of a challenge in the Courts. Is this uncertainty and ambiguity desirable? Does it buttress or destroy the human rights and democracy which are sanctimoniously appealed to?
The 19th Amendment involves a basic conundrum. Articles 3 and 4 have the effect that the President is the repository of the Executive power of the State. Article 4(b) makes it clear that the defence of the nation is an integral and inseparable element of Executive power.
The defence of the country, then, is the sacred duty of the President. This is, without question, his responsibility. What he lacks, however, is the authority required to fulfil this responsibility. Here lies a fundamental contradiction, entailing as it does dire consequences for the nation’s security.
Prior to the enactment of the 19th Amendment, the Constitution of Sri Lanka contained explicit provision in respect of Urgent Bills. In the event of an unexpected contingency, an Urgent Bill could be presented to Parliament within seven days. The legislative process in ordinary circumstances, Is cumbersome and protracted: it may not enable a swift response to an unanticipated situation. To cater for this, the pre-19A law made provision for rapid intervention through the mechanism of Urgent Bills. It is this statutory provision that is abolished by 19A which compulsorily requires an interval of 14 days before legislation is introduced in Parliament. It is scarcely difficult to conceive of contexts in which this could imperil the safety and security of our country.
We have recently seen before our very eyes the horrendous consequences that were brought about by 19A. It created, in its foundation, two potentially warring centres of power. If the President and the Prime Minister belong to different political parties, we saw for ourselves the intensity of the conflicts, in terms of values, policy and even personalities, which arose in the day to day practice of Governance. It is the people of this country that paid an exorbitant price for this state of affairs. As many as 265 valuable lives were lost in the Easter Sunday carnage. To whom do we attribute responsibilities for this calamity? The Prime Minster says: “What can I do? I am not even invited to the National Security Council”. Indeed, meetings of the Council were not held for months on end. Was information conveyed to the President available to the Prime Minister, and vice versa? There was an internal tug of war – working not together but at odds with each other.
It is in the heat of this battle that the security of the nation collapsed altogether. The evidence being given on a daily basis before the Presidential Commission investigating this tragedy, is truly alarming. On the day this occurred, I was in Munich, Germany. On the following day the New York Times – a world renowned newspaper – carried on its first page the names, telephone numbers and addresses of those who were said to be involved in planning and executing this catastrophe.
Indian intelligence had brought these particulars to the attention of the Sri Lankan Government not once, but repeatedly. However, because of the internal dissensions which went from bad to worse, nothing whatever was done to avert the tragedy.
If there had been no 19A, responsibility would have been clear and undivided. What 19A did was to split it up and create chaos. The results are a permanent blemish on our national conscience. These are the matters of which the public should be informed.
What is the constant refrain of those who insist on the retention of the 19A? They proclaim the sanctity of the separation of powers, and regard authority in an individual or institution as the death knell of democracy and the basic elements of democratic culture. They assert their resolve to resist with the utmost vigour any attempt to dismantle the dual structure embedded in 19A. Is this an acceptable position?
At its very root, 19A elevated several institutions above the President. It took away the authority, hitherto vested in the President, to make appointments to high offices in the public service and the security establishment, including the Police. It characterised the retention of this authority in the hands of the President as a danger against which the public need to be protected.
On this footing the President was shorn of these powers. But to whom were they then transferred? To a Constitutional Council dominated by representatives of non-governmental organisations. This Constitutional Council is at the apex of the structure established by 19A, and wields the authority to constitute each and all of the Commissions which are said to be independent. Without the recommendations, or the approval, of this all-powerful body, the President is no longer empowered to make crucial appointments to the public service and the Police. In this regard the President is subordinated to this body – the Constitutional Council – which is sought to be sanctified as the embodiment of integrity, impartiality and probity.
Let us take a closer look at this body, close to being deified. Its membership includes persons who can in no way be regarded as legitimate representatives of the people. The whole object of the exercise, so the protagonists of the 19A whereby, stridently tell us, is to ensure depoliticisation of the State. Their contention is that everything in our country has become progressively politicised, and that the time has come to evolve a constitutional process where persons of undoubted rectitude, far removed from partisan politics, and professing fidelity to the highest moral and ethical standards, are vested with this awesome responsibility.
This is an absolute myth. Can it be maintained, by any stretch of the imagination, that the personnel constituting these Commissions are not tainted by partisan politics? A few examples will suffice. Professor Hoole is a member of the supposedly independent Elections Commission. He is expected to be apolitical. And yet, in an interview with a TV channel, he exhorted the public not to vote for the SLPP; he said that, if they were to do so, they would certainly regret their decision in the future. Can there be a more partisan intervention, coming as it has from a member of a Commission exalted as the zenith of objectivity and political neutrality? The yawning chasm between aspiration and reality is all too evident. Practice on the ground belies the grandiose pretence.
The Elections Commission is itself the creature of the Constitutional Council, identified by 19A as the source from which all the Commissions derive their authority. Mr. Javid Yusuf is a member of this overarching body. His impartiality is, therefore, by definition, axiomatic. Nevertheless, he makes so bold as to declare to the country at large in uncompromising terms, at a public forum: “Whatever you do refrain from giving the Lotus Bud a two-thirds majority. If you do this, you cannot evade responsibility for pushing the country to the brink of disaster”. Words to this effect are unabashedly uttered by a representative of the supreme body which functions as the fons et origo of all the “independent” Commissions.
Faced with this uninspiring reality, I state without hesitation that these “independent” Commissions brought into being by 19A are far more politicised than any other practicing politician in this country. It is to Commissions of this ilk that powers denied to the President of the country are supinely entrusted.
Here is a state of affairs which defies rational understanding, by any criterion. The position of apologists for 19A is, at bottom, the following: conferment of these powers on the President is preposterous and unthinkable; they represent an intolerable affront to the basic elements of democratic culture, and to the essence of human rights. However, these same powers, in the hands of institutions created in the manner defined by 19A, are innocuous and entirely acceptable.
Does this bear scrutiny for a moment? The President of the Republic is elected by all the people of our country, for the finite period of five years, at an Islandwide election. If they are dissatisfied with his performance at the end of his tenure, they have every right and power to reject him at the conclusion of this period. But can the people, in whom sovereignty resides according to the Constitution, make a similar decision is respect of the members of the Constitutional Council and the “independent” Commissions? They are a law unto themselves, accountable to no one.
During the last few months, the President, the Cabinet of Ministers and Parliament have all changed in keeping with the democratically expressed will of the People. But members of the Constitutional Council and the “independent” Commissions remain entrenched in their positions, impervious to the winds of change. Is this defensible as the epitome of a structure of democratic governance, to be acclaimed widely?
Nowhere are the effects of the dichotomy established by 19A more apparent than in the domain of the economy. Ever increasing volumes of debt cannot provide a sustainable avenue for economic advancement. President Gotabhaya Rajapaksa, in his Manifesto, has explicitly underlined the importance of resiling from the debt trap. The answer is investment, which is certainly feasible, but subject to obvious conditions. The essential requisite is confidence.
In the current intensely competitive international environment for investment, confidence has to be engendered by appropriate policy initiatives. Would any investor look seriously at Sri Lanka as a destination for investment, given the conditions generated by 19A?
The contemporary Yahapalana experience under the aegis of 19A was that the Prime Minister, in the exercise of authority conferred on him, established a Cabinet Committee on Economic Management (CCEM) which, in effect, arrogated to itself, under his Chairmanship, the authority to make major decisions straddling the whole spectrum of the economy, these decision being submitted to Cabinet for its mere formal imprimatur. President Sirisena, increasingly incensed by what he saw as the relegation of the Cabinet with regard to economic matters, in due course found his patience exhausted, and eventually intervened by doing away with the Prime Minister’s brainchild and substituting for it a novel institution, the National Economic Council, under his own superintendence and direction. A few months later, however, he dismissed his own handpicked Chairman of this body, declaring that the officer concerned, although drawing a handsome salary, was seldom in the country. This state of things is hardly likely to offer any incentive for investment in Sri Lanka.
These developments provide the backdrop for a series of reflections. Empirical experience has convincingly demonstrated the weakness of the foundations of 19A. In truth, political power is not to be viewed with innate fear or obsessive suspicion. The contrary is a facile assumption, intuitively made with a total lack of dispassionate thought. Singapore, Malaysia, South Korea and Indonesia are telling examples of Asian countries which could not have achieved the remarkable economic development they did accomplish without the advantage of strong Executive authority.
Admittedly, any system of democratic governance must contain viable checks and balances. However, as with everything else in life, there needs to be a sense of proportion. If the Executive is to be so constrained and hamstrung in every way as to make coherent decision making and movement forward impossible, the inevitable outcome is stagnation, or worse, anarchy.
This is the sad legacy of 19A which is now sought to be swept away as a matter of urgent priority.
Features
Civilizational dialogue proving a remote possibility as realpolitik rages
Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.
This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.
From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.
It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.
That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.
If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.
Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.
However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.
Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.
The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.
Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’
The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.
In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.
Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.
Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.
Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.
Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.
International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.
Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.
Features
Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment
by Shelton Dharmaratne
Sri Lanka has reached an important constitutional moment.
The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.
That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.
The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.
The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.
A narrower constitutional question than the political debate suggests
The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.
Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.
Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.
Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.
Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.
Those are legitimate policy considerations.
But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.
The real question is institutional
The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.
That is an institutional question, not an accusation against individual judges.
A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.
This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.
The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.
Legitimate objectives do not settle constitutional questions
The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.
Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.
A government is therefore entitled to propose reforms designed to improve judicial efficiency.
But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.
That is precisely why constitutional scrutiny matters.
The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.
The appropriate questions are straightforward:
Does extending judicial tenure strengthen the administration of justice?
What risks, if any, could it create for judicial independence?
Are adequate institutional safeguards in place?
Does the proposal operate prospectively, or does it affect judges already serving?
Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?
These questions can be examined rationally without attributing improper motives to either side.
Judicial vacancies and institutional confidence
Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.
Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.
Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.
The government has an opportunity to address these concerns constructively.
Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.
Seniority, merit and transparent criteria
The controversy also exposes a longstanding question concerning judicial appointments.
Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.
If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.
Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.
Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.
Institutional rules are stronger safeguards than assurances of good intentions.
The State is larger than any government
One principle deserves particular emphasis: a government is not the State.
Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.
The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.
For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.
The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.
That is not political weakness. It is constitutional maturity.
Public confidence is a constitutional asset
The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.
Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.
Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.
Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.
A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.
The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.
If a referendum arises …
If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.
The electorate should be given a clear constitutional question and sufficient information to assess it.
Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.
A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.
The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.
Beyond who wins
The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.
Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.
Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.
If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.
Neither side strengthens the country by assuming that the other is acting in bad faith.
The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.
Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.
Sri Lanka should instead seek a broader consensus around a fundamental proposition:
Judicial reform and judicial independence are not competing objectives.
The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.
That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.
The present controversy will eventually pass. Political arguments surrounding it will fade.
But constitutional arrangements can endure for decades.
That is why Sri Lanka must look beyond the immediate political contest.
The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.
Features
Farewell to a Fashion Icon
Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.
Her sudden demise has certainly come as a shock to many.
Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).
Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.
In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.
She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”
Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.
She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.
For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers
She trained hundreds of models for runway, photoshoots, auditions, and international pageants.
She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.
Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)
Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.
Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:
“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.
“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.
“Thank you once again.”
In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.
May she rest in peace. Our deepest condolences to her family, students, and all who loved her.
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