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22 A: Amendments accepted at ‘committee stage’ should be subjected to SC approval

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Nalin de Silva highlights major constitutional flaw

By Shamindra Ferdinando

Sri Lanka’s former Ambassador to Myanmar, Prof. Nalin de Silva, has said that whatever amendments introduced to a particular Bill at the committee stage should be definitely subjected to the approval by the Supreme Court.

The one-time Mathematics Don has stressed that the Speaker shouldn’t endorse the amended Bill until the Parliament obtained the Supreme Court’s consent.

Prof. De Silva said so commenting on a simmering controversy over Justice Minister Dr. Wijeyadasa Rajapakse, PC, manipulating the committee stage process to introduce new amendments which may not be in line with the Supreme Court ruling on the original Bill on the 22nd Amendment to the Constitution.

Prof. de Silva dealt with the issue at hand as sections of the ruling SLPP, including dissidents, warned against any moves to dilute executive powers to enable the full operationalisation of the 13th Amendment to the Constitution.

The outspoken retired academic has urged the Parliament to introduce an amendment to prevent the Speaker from endorsing an amended Bill, till the Supreme Court approves it.

Prof de Silva last served as Sri Lanka’s top envoy in Myanmar, from 2020 to 2021.

The activist described the absence of provision for the Supreme Court to examine a Bill, following the committee stage, as a major flaw in the Constitution. This loophole should be closed, Prof de Silva said, recalling how successive governments had exploited the committee stage of controversial Bills to pursue their agendas. Prof de Silva cited the passage of the 19th Amendment to the Constitution as a case in point.

Prof de Silva stressed that the Justice Minister’s approval of amendments were certainly not sufficient. Therefore, Supreme Court approval should be a prerequisite for the Speaker’s endorsement, he said.

Having pointed out that the 22nd Amendment had been presented to the public, through Gazette notification, Prof de Silva emphasized that the executive, the legislature and the judiciary were involved in the overall process.

Prof de Silva said that all amendments proposed to the 22 A that would be taken up for vote tomorrow (07) should be defeated. In fact, future attempts to introduce amendments at committee stage of a particular Bill, too, should be thwarted as the Speaker and the Justice Minister whichever party/alliance in power didn’t have the competence to examine the constitutionality of the proposals, Prof de Silva said.

The former diplomat said that the move to dilute executive powers should be examined against the backdrop of President Ranil Wickremesinghe’s failure to secure the required international financial assistance. Declaring that the incumbent government couldn’t obtain at least loans from Western powers let alone grants, Prof de Silva questioned the status of Sri Lanka’s much-touted Staff-Level Agreement with the International Monetary Fund now being contradicted by the government.

Prof de Silva was commenting on Premier Dinesh Gunawardena’s declaration in Parliament on Tuesday (04) that there was only a draft agreement and they were yet to finalize the Staff-Level Agreement with the IMF.

Prof de Silva said that before the finalization of the agreement, the draft agreement should be submitted to the Parliament.

The retired academic said that the government owed an explanation regarding the efforts to introduce constitutional amendments at a time political parties, represented in Parliament, should be concentrating on a tangible economic recovery plan. Prof de Silva asked whether they genuinely expected the introduction of 22 A to the Constitution would really enhance political stability.

Prof de Silva expressed serious concerns about how the powers that be could propose certain amendments at the committee stage of the 22 A with a view to appeasing the Tamil National Alliance (TNA) as well as the Sri Lanka Muslim Congress (SLMC), a constituent party of the main Opposition Samagi Jana Balavegaya (SJB). The retired University Don pointed out the possibility in the government proposing consultations between the appointing authority (the President) and the Chief Ministers in respect of the appointment of Governors of the Provinces. In terms of the Constitution now, the appointment of Governors is the prerogative of the President.

Prof de Silva said that the President couldn’t dilute executive powers enshrined in the Constitution.



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ITS Giuseppe Garibaldi’ departs Colombo

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The Italian Naval Vessel ‘ITS Giuseppe Garibaldi’ departed the Port of Colombo today, 12 September 2026, after completing a replenishment stop for logistics and services.

During the ship’s stay, the Commanding Officer of ITS Giuseppe Garibaldi, Captain Marco GUERRIERO, called on the Commander Western Naval Area, Rear Admiral Harsha De Silva, at the Western Naval Command Headquarters.

Members of the visiting crew also toured several tourist attractions across the Colombo area during their port call.

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Green Climate Fund (GCF) Regional Dialogue for East and South Asia will be held from 14 to 17 September 2026 at Cinnamon Life at City of Dreams Hotel, Colombo

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The Green Climate Fund (GCF) Regional Dialogue for Eastern and Southern Asia is scheduled to be held from September 14 to 17, 2026, at Cinnamon Life at City of Dreams, Colombo.

The Dialogue is hosted by the Government of Sri Lanka. The Green Climate Fund is the world’s largest dedicated climate fund established under the United Nations Framework Convention on Climate Change to assist developing countries in responding to the challenges of climate change.

The Green Climate Fund aims to promote a paradigm shift towards low-emission and climate-resilient development
pathways by supporting developing countries in reducing their greenhouse gas emissions and adapting to the impacts of climate change.

The Ministry of Environment of Sri Lanka serves as the country’s National Designated Authority for the Green Climate Fund, playing a critical role in coordinating access to climate finance, nominating institutions for accreditation to the Green Climate Fund and approving funding proposals, and ensuring that activities supported by the Green Climate Fund are aligned with national development objectives.

More than 120 delegates from 10 countries are expected to participate. The participating countries are Bangladesh, Bhutan, China, India, the Maldives, Mongolia, Nepal, Pakistan, the Republic of Korea, and Sri Lanka.

Participants will include representatives of National Designated Authorities of the above countries, Direct Access Entities, Accredited Entities, civil society organizations, the private sector, development partners, and technical institutions across the region.

Sri Lanka’s delegation comprises Dr. Dammika Patabendi,  Minister of Environment,  Anton Jayakody, Deputy Minister of Environment, K.R. Uduwawala, Secretary, Ministry of Environment, and high-level government officials.

The Dialogue will provide a platform to:

Share challenges, experiences, and lessons learned from the implementation of climate change projects and programmes.

Strengthen regional cooperation and partnerships on climate finance.

Discuss the Green Climate Fund’s evolving strategies, policies, and approaches.

Identify opportunities to accelerate climate investments across East and South Asia.

Hosting the Regional Dialogue in Colombo will provide Sri Lanka with an important opportunity to engage with senior government officials, private-sector representatives, development partners, technical experts, and international climate finance institutions.

The event is expected to support Sri Lanka’s efforts to improve access to climate finance and international grants, showcase national climate action initiatives and achievements, and strengthen the country’s engagement with the global climate community.

The Dialogue will also offer a strategic platform for Sri Lankan institutions that have applied for direct accreditation to present their project concepts and engage directly with representatives of the Green Climate Fund. These engagements are expected to support the accreditation process and contribute to the expansion of Sri Lanka’s network of Direct Access Entities through stronger regional partnerships and increased cooperation on climate finance, the Regional Dialogue will
contribute to positioning Sri Lanka as a credible and reliable partner for climate investment.

Projects that Sri Lanka has received funding from this fund are:
• The main projects that Sri Lanka has received support from the Green Climate Fund at present include the Wevu Gam Pubuduwa Project (52.1 USD Million) and the GCF Knuckles Project (49 USD Million).

7.5 USD Million has been allocated from GCF for 5 National Designated Authority Readiness Projects (NDA Readiness Projects) and for the National Adaptation Plan Readiness Project (NAP Readiness Project).

Approval has also been obtained for 3 regional projects. (Cooling Facility Programme, Global Fund for Coral Reef Investment Window, PEEB COOL Programme)

Sri Lanka has also identified 5 project concepts as priority projects for the Green Climate Fund period 2024-2027 and has taken steps to submit those project concepts (Concept Notes) for
approval by the Green Climate Fund.

The “Climate-resilient Fisheries in Sri Lanka” project concept (USD 107.5 million) submitted by DFCC Bank has already received approval.

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Prof. Pieris says Buddha Dhamma recognised as source of law under Constitution

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G.L. Peiris

Former Minister and People’s Joint Opposition Convener Prof. G.L. Peiris has challenged the assertion that the Supreme Court’s determination on the 22nd Amendment to the Constitution would be based solely on law and not Buddhist teachings, arguing that such a position is inconsistent with Article 9 of the Constitution and established judicial precedent.

In a special statement, titled “Buddhist Doctrine as a Source of Law in Sri Lanka”, Prof. Peiris has said the issue had arisen during the 22nd Amendment determination proceedings when Ven. Balangoda Kassapa referred to the Buddha Dhamma in his submissions.

According to Prof. Peiris, the Chief Justice responded that the determination would be made on the basis of the law and not Buddhist teachings.

Describing this as a “cavalier dismissal” of the Buddha Dhamma. Prof. Peiris has said it is contrary to Article 9, which gives Buddhism the foremost place and requires the State to protect and foster the Buddha Sasana.

Full text of the statement: In the 22nd Amendment determination proceedings, Venerable Balangoda Kassapa, in his submissions, made reference to the Buddha Dhamma. His Lordship the Chief Justice, in reply, made the strong assertion that the determination would be made on the basis of the law and not Buddhist teachings. This cavalier dismissal of the Buddha Dhamma is totally inconsistent with Article 9 of the Constitution and its authoritative interpretation in judicial decisions.

I. Authoritative Sri Lankan Judicial Authority A few examples may be cited.

In the Antiquities Amendment Bill, the Supreme Court, in its determination, observed: “The expression Buddha Sasana is wider than Buddhism and includes the entire establishment, together with objects and places of religious practices and worship of Buddhists”.

In Re the Thirteenth Amendment to the Constitution and the Provincial Councils Bill, 1987 2 Sri Lanka LR 312, Wanasundera J, referring to the term Buddha Sasana, said that it was “a compendious term encompassing all ancient, historic and sacred objects and places which have from ancient times been associated with the religious practices and worship of Sinhala Buddhists”.

It is clear that the Buddha Sasana is not confined to matters of ritual or practice, but includes the substance of Buddhist teachings. This is borne out clearly in other judgments of the Supreme Court.

An explicit example is the determination of the Supreme Court in the Ayurveda Amendment Bill, SCSD, numbers 22-35/2023, where the Court declared: “We hold that Buddha Sasana in Article 9 of the Constitution includes the dhamma, principles and teachings of Buddhism, including in particular recognized and undisputed codifications of the teachings of Lord Buddha”.

There are several other passages in the judgment which offer strong authority on the point.

The Court declared: “We determine that the word Buddha Sasana in Article 9 is a compendious term and includes the entire establishment of Buddhism as defined above. We conclude that the Tripitaka, consisting of the Vinaya Pitaka, the Sutta Pitaka and the Abhidhamma Pitaka, falls within the word Buddha Sasana. Hence the State has a duty inter alia to protect and foster the Tripitaka”.

The Court was uncompromising in its declaration that “While retaining the word Buddhism to denote the religion to which foremost place has been accorded in the Republic, the word Buddha Sasana was used to impose a duty on the State to protect and foster the entire establishment of Buddhism”.

The Court’s approach is very clear from the following passage: “We must proceed to interpret Article 9 of the Constitution on the basis that this change was intentional on the part of the legislature. It was meant to cover an area wider than Buddhism”.

II. International Judicial Authority

There is valuable material in the jurisprudence of the International Court of Justice at The Hague.

Judge C. G. Weeramantry, in his dissenting opinion in the ICJ’s 1996 advisory opinion on the legality of the threat or use of nuclear weapons, said that Buddhism could provide an important humanitarian perspective when considering the legality of nuclear weapons. The judge cited as his source the work by Walpola Rahula, entitled What the Buddha Taught, 1959.

Similarly, Judge Weeramantry, in his separate opinion in the maritime delimitation in the area between Greenland and Jan Mayen case, 1993, commented on the international legal concept of equity. In this connection, he referred to “the elaborately researched concept of fairness and justice in Buddhism”.

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