Opinion
A way out of today’s constitutional impasse and the way forward
The citizens right to recall their elected representatives :
By Dr. Nirmala Chandrahasan and SCC Elankovan
After 30 days of sustained peaceful agitation led by youth and supported by thousands of ordinary citizens all over the country Prime minister Mahinda Rajapaksa finally resigned after many weeks of turmoil and back and forth efforts to retain his position. The Cabinet of Ministers had resigned twice earlier. The resignation came close on the heels of a meeting at the Prime Minister’s residence where he addressed SLPP party supporters after which they descended on the un-armed and peaceful protestors, mercilessly attacking them, not sparing even the women and old people, burning and breaking everything they could get their hands on, while the security forces looked on. Despite the strong-arm tactics, curfew, emergency regulations and the threat of legal action, the protests continue calling for the resignation of the President who, on the strength of the 20th Amendment, has absolute power.The people of this country are asking for accountability. This, in effect, is an exercise of the Right of Recall by the Voters, the people exercising their Right to recall their representatives where they have acted against their interests, mismanaged and brought the country to a state of economic collapse after allegedly being involved in rampant corruption and nepotism.
This protest campaign is giving rise to debate and discussion not just among academics but on the streets and in homes, as to what are the citizens’ democratic rights where their elected representatives do not act in their interests but in an arbitrary and authoritarian way, causing loss and deprivation to the citizens even to the extent as happened recently of inciting violence causing injury to person and property. The other point at issue is how can the impasse be resolved where the citizens demand that the President and the government go and the President and government refuse to depart. It is in this context that we put forward the right of recall as a way to resolve the situation and as being one which the people themselves are voicing through their actions.
“Citizens right to recall the representatives they elected”.This right is premised on the principle of the peoples ‘sovereignty. The Constitution of Sri Lanka, Article 2 states ‘Sovereignty is in the People and is inalienable’.The Right of Recall is an instrument to enhance accountability among elected representatives and gives the electors a method of asserting their sovereignty without having to wait for the elapse of the period till the next election. It is argued that the representatives of the people, holding public office, are answerable to the people and expected to work for the people. If they act contrary to the peoples’ interests and continue in Office against the wishes of the people they could, on the basis of this principle, be recalled.The process of a Recall is a political one and different from the impeachment process which is legal and predicated on certain grounds being proven as well as the support of two-thirds of the members of Parliament for such resolution, (see Article 38 of the Constitution). As things stand, it is virtually impossible to impeach the President. As the majority of people in the Country wish to do away with this President and his government in whom they have lost confidence and the President refuses to step down there is a Constitutional impasse. Hence, we have to consider alternate methods for removing him and I would submit that in the present circumstances prevailing in the Country after the collapse of the economy and now governance, we should consider the Right of Recall as an option.
Sri Lanka, is one of the oldest democracies in South Asia. But today it is a travesty of democracy. The Government, headed by a President who wields unrestricted and wide ranging powers, has ruined and bankrupted the country, which is in the throes of an economic crisis where even the basic necessities are now in short supply and people have to queue up for food, fuel and even medicine, with electricity cuts affecting the output of factories and even small businesses and hence livelihoods. In spite of the non-violent demonstrations and agitation of citizens from every walk of life and every community and religion, and where the entire country has lost confidence in the President, extending even to the whole parliamentary system, the President refuses to step down because he maintains that he was elected by a majority of electors for a specific term. This is indeed a mockery of Democracy.
It must be noted that apart from the mismanagement, corruption and subversion of the judicial processes that marked this regime the autocratic methods of policy making and political culture of authoritarianism have contributed to the resulting economic down turn. This too requires systemic and structural changes. It is now being proposed by the BASL, and some political parties, that the solution lies in doing away with the 20th Amendment under which excessive powers were conferred upon the Executive Presidency under the fallacy that a strong presidency would guard the Country against the security lapses that happened during the Easter Sunday terrorist attack and drive quick economic development. The provisions of the 19th Amendment, under which checks and balances were provided, will be re-enacted as the draft 21st Amendment with some modification or changes where needed and could be passed by the present Parliament as the 21st Amendment to the Constitution. It is submitted that the citizens Right to Recall their Representatives should also be included in this enactment
Indian Experience
The Right of Recall has come to be accepted in India at a local government or municipal level. The Right of Recall has been a part of the political discourse in neighbouring India, and was even discussed at the Constituent Assembly during the Constitution drafting process 1946-1949. It was argued that it would help in the political education of the people and encourage voters to think, but on the other side it was contended that it would be improper to provide this right at the infancy of Indian democracy and could lead to political rivalry and render the Constitution a battle ground. For these reasons Dr. Ambedkar did not accept this amendment. Sardar Vallabai Patel also discussed this proposed amendment. In 1974 a constitutional amendment bill on voters’ right to recall elected representatives was brought in the Lok Sabha by CK Chandrappan and Atul Bihari Vajpayee the BJP leader had supported it, but the Bill did not pass. The former speaker of the Indian Parliament Somnath Chatterjee had also sought to introduce the Right to Recall to ensure accountability. However, the Election Commission of India was not in favour.
Most recently, in 2016, the Representation of the People Amendment Bill was introduced by Varun Gandhi in the Lok Sabha, to recall Members of Parliament and Members of Legislative Assemblies (MLAs), but was unsuccessful. However, it has been implemented at the panchayat level in the Grama Sabha and also at the municipal level in a number of states, including UP, Bihar, Madhya Pradesh, Maharashtra and in Punjab. In a country, such as India, with its large population introducing this principle at the level of the State legislative Assemblies and the Lok Sabha (Union Parliament) would pose many logistic and other problems, besides which the rural voters are not so politically educated and literacy levels, especially among older people, is still low. Hence it is not practicable to introduce this right at the higher levels.
In other countries
The right of recall has come to be accepted in many countries. We would like to draw attention to the UK (United Kingdom), Recall of MPS Act passed in March 2016. This Act makes provision for constituents to be able to recall their MP and call a by-election. Other countries like the US, Germany, Ecuador, Japan, Canada, etc., have this provision but generally at the local government or municipal level. A few state legislatures in the US have this provision, for example the State of Wisconsin. In Canada the only Province or territory with Recall election law currently in force is British Columbia. The law requires 40% of the voters to sign the petition and thereafter the petition has to be validated by the Election Commission. In Germany provisions for Recall of members of the State Parliaments of Germany, exist in five of the federal states. All these states allow for the recall of the entire legislature by triggering a new election. .
That this principle has been a matter of political discourse over a long period of time is shown in a letter by George Washington to his nephew in 1787, quoted in Edward Fallone’s book on this subject, which states as follows: “The power will always be in the people. It is entrusted for certain defined purposes and for a limited period to representatives of their own choosing, whenever it is executed contrary to their interest or not agreeable to their wishes their servants can and undoubtedly will be recalled”.
In Sri Lanka, with its small and politically educated population of 22 million and high literacy level, the right to recall principle could be introduced without much difficulty and would help to enhance the quality of Sri Lanka’s representative government as members of Parliament would be more mindful of their parliamentary duties when they know they can be “recalled”. The actions of citizens stepping in, recognising that the only way to save the country was for them to act and demand the resignation of the President and the government they elected is an example of the exercising of the right to recall. In fact, the electoral system in Sri Lanka permits the sitting member to be replaced by the next person on the list so it would not be necessary to go for an expensive election either. In the case of the President, if we were to follow this procedure where a certain percentage of the persons who voted for him submit a petition to the Election Commission to have him recalled, the question would arise as to who would take his place or what procedure should be followed in doing so. If it involves another election this may not be possible in the present conditions and the financial straits in which the country finds itself, but I trust this is a matter which can be studied and resolved satisfactorily through for example a Parliament being given the task of electing the new President.
The report of the Public Representations Committee on Constitutional Reform 2016 noted that citizens throughout the country demanded that the right to recall and modalities for implementing the same be included in a new Constitution. Now, we could argue that our fellow citizens have demonstrated and actually made this “Right to Recall” functional in deposing the government and that it is therefore the moment for legislators to acknowledge the citizens’ action by including this right as part of the envisaged 21st Amendment.
We would caution that the right to recall is but one of the wide-ranging changes that should be made to introduce a system of governance to increase the level of accountability of public representatives. Further, changes which take cognizance of the principle of subsidiarity and give due place to local government and Provincial Councils are also equally important. This will make for a more participatory democracy in which the minority communities and other layers of society who remain structurally disempowered can share power, too. This could be incorporated into the 21st Amendment or be the subject of a separate Amendment, but brought in parallel. The abolition of the Executive Presidency per se, is also an urgent requirement but might also require a referendum.
Only America could re-elect an extremist like Trump.
There are planned protests across the US today against President Donald Trump and his adviser billionaire Elon Musk.
More than 1,200 “Hands Off!” demonstrations have been planned by more than 150 groups – including civil rights organisations, labour unions, veterans, fair-election activists and LGBT+ advocates.
This includes a planned protest at the National Mall in Washington as well as locations in all 50 states.
They are in opposition to Trump’s actions: slashing the federal government, his handling of the economy and other issues.
Musk has played a key role in Trump’s second administration, leading efforts to downsize the federal government as head of the newly created Department of Government Efficiency.
Organisers hope these demonstrations will be the largest since Trump came to office.
Speaking of Musk, let’s see how Trump’s second term has impacted America’s richest men …?
Countries across the globe are planning their response, or lack thereof, to Donald Trump’s tariffs.
China responded to Trump’s 34% tariff with its own levy of the same percentage on US imports.
According to state news agency Xinhua, China has accused the US of using tariffs “as a weapon” to suppress Beijing’s economy.
The country’s foreign ministry added that the US should “stop undermining the legitimate development rights of the Chinese people”.
It also warned there were no winners from and no way out for protectionism.
China also claimed that the US tariffs violated World Trade Organization rules – rules it itself has broken a number of times.
Professor Wang Wen, trade expert at the Chongyang Institute for Financial Studies, spoke from Beijing to Kamali Melbourne. He outlined why he believed the tariffs would eventually benefit China, and why Beijing would “never yield” to the US president.
“The basic strategy of China’s tariff policy against Trump is to count on reciprocal rules and defend China’s national interest and dignity. China will never yield to Trump on the issue of tariff war,” he said.
However, Xi Jinping is no democratic leader either, given to expansionism by hook or crook.
China’s booming economy has opened up many opportunities to achieve its sinister objectives – massive investments which weaker economies fall into and become easy prey.
Sri Lanka is no exception. Caught in the middle are the smaller nations who are confused and worried how best to stay alive.
Sunil Dharmabandhu
Wales, UK
In the despicable absence of an urgent practical response on the part of the JVP-Anura Kumara Dissanayake-led NPP government to the devastating 28th March earthquake in Myanmar, ex-president Ranil Wickremesinghe has made a very timely and sensible proposal regarding how to assist our disaster stricken fellow humans in that country. ex-president Wickremesinghe! Thank you very much for saving, at least to some extent, Sri Lanka’s still unsullied reputation as a sovereign state populated by a most humane and hospitable people. You have again demonstrated your remarkable ability to emerge as an able state level troubleshooter at critical moments, this time though, just by being a mentor. It is a pity that you don’t think of adopting a more universally acceptable, less anglophile version of principled politics that will endear you to the general electorate and induce the true patriots of the country to elect you to the hot seat, where you will have the chance to show your true colours!
The ordinary people of Myanmar (formerly called Burma) are remarkably humble, polite and kind-hearted just like our fellow ordinary Sri Lankans. There’s a natural cultural affinity between us two peoples because we have been sharing the same Theravada Buddhist religious culture for many centuries, especially from the 4th century CE, when Buddhism started making gradual inroads into the Irrawaddy Valley through trade with India. Whereas Buddhism almost completely disappeared from India, it flourished in Sri Lanka and Burma. Nearly 88% of the 55 million present Myanmar population profess Buddhism, which compares to 72% of the 22 million population in Sri Lanka. Wickremesinghe has been mindful enough to take a glance at the historicity of close Myanmar-Sri Lanka relations. And he didn’t mince his words while giving some details.
At the beginning of his statement in this connection (which I listened to in a video today, April 1, 2025), Ranil Wickremesinghe said that our government has expressed its sorrow (but little else, as could be understood in the context). Countries near and far from Myanmar including even partly affected Thailand, and India, China, and distant Australia have already provided emergency assistance. Referring to the special connection we have with Myanmar as a fellow Theravada Buddhist country, he said that both the Amarapura and Ramanna nikayas brought the vital higher ordination ritual from there. We must help Myanmar especially because of this historic relationship.
When an earthquake struck Nepal, the birthplace of the Buddha, in 2015, we sent an army team to assist. On that occasion, Sri Lanka was the second country to provide relief, India being the first, with China becoming the third country to come to Nepal’s help. Today, India, Thailand, Malaysia, China and Australia have dispatched aid by now. Last year Sri Lanka gave 1 million US Dollars for Gazan refugees. We need to take a (meaningful) step now.
Wickremesinghe proposed that the army medical corps be sent to Myanmar immediately to set up a temporary hospital there. The necessary drugs and other materials may be collected from Buddhist and non-Buddhist donors in Colombo and other areas.
Emphasising the ancient friendly relationship between Sri Lanka and Myanmar, Wickremesinghe mentioned that King Alaung Sithu I (of the Pagan Dynasty, 1090-1167 CE) sent help to (Prince Keerthi who later became) King Vijayabahu the Great (1055-1110 CE) to defeat and drive away from the island the occupying Cholas after a 17 year long military campaign. The grateful Lankan monarch Vijayabahu, during his reign, offered the Thihoshin Pagoda (name meaning ‘Lord of Lanka’ pagoda, according to Wikipedia) and a golden Buddha image to the Myanmar king. (This pagoda is situated in Pakokku in the Magway region, which is one of the six regions affected by the recent earthquake. I am unable to say whether it remains undamaged. Though the monument was initiated during Vijayabahu’s lifetime, the construction was completed during the reign of King Alaung Sithu I {Wikipedia}).
Wickremesinghe, in his statement, added that it was after this that a strong connection between Sri Lanka and Myanmar started. In some Buddhist temples in Myanmar there are paintings by ancient Lankan painters, illustrating Jataka stories (Stories relating to different births of Buddha). Among these, Wickremesinghe mentioned, there is a painting depicting the duel between (the occupying Chola king of Anuradhapura) Elara and (his young native challenger from Ruhuna prince) Dutugemunu. (Although Wickremesinghe did not talk about it, a fact well known is that there is a copy of our Mahavamsa in Myanmar. In reporting the ex-president’s speech, I have added my own information and information from other sources. I have put this within parentheses)
Let’s hope President Anura Kumara Dissanayake is wise enough to derive some benefit from his predecessor’s mentoring in the name of our beloved Motherland.
Rohana R. Wasala
Authors: Directors of Solar Village SDG CIC
www.solarvilllagesdg.org
I.M. Dharmadasa (Emeritus Professor), Nilmini Roelens (Solicitor) and Saroj Pathirana (Journalist)
The purpose of this article is to inform the Cabinet discussion on Solar Power proposed by the Ceylon Electricity Board (CEB)
Net metering and the Prosumer
The CEB has put forward a motion to the Sri Lankan Cabinet which proposes to reduce the unit price payable under the various net metering schemes to the “prosumer” (the owner of a solar panel system).
A prosumer is a blend of producer and consumer, referring to individuals who both create and consume. This is based on the notion that most producers of electricity through self-owned solar panels generate more than double their own needs as consumers. It thus enables the prosumer to connect to the national grid and receive money on a pay back scheme from the CEB for the excess electricity they produce.
What is this debate about?
Currently there are four schemes.
The Public Utilities Commission of Sri Lanka explains the various schemes involving roof -top solar solutions thus under a heading published in October 2023 – Rooftop Solar PV Connection Schemes. The two most noteworthy schemes are the Net plus and the Net plus plus schemes.
https://www.pucsl.gov.lk/rooftop-solar-pv-connection-schemes/
Through the NET Plus Plus Scheme CEB regards the prosumer as a mini power plant holder which maximises roof top generation well beyond the prosumer’s own needs making maximum use of extra roof space. This would work well for schools and companies with large buildings. CEB used to pay Rs. 37 per unit to the prosumer for up to 500kW. This unit price was available between 26 October 2022 to 1 July 2024. However, as of 1 July 2024 the unit price was reduced to Rs. 27.
We understand the new CEB proposal to the cabinet is to scrap this scheme altogether.
In relation to the Net Plus scheme which is the more accessible and popular scheme for ordinary householders the current CEB proposal is to reduce the unit price even further to Rs. 19 for solar power systems generating less than 20 kW, whilst for those generating between 20 – 100 kW the unit pay back will be Rs.17 and those generating between 100 – 500 kW will receive Rs.15 per unit.
The installation costs of a 5-kW solar panel is now around Rs 1.0 million. The cost of solar panels has in fact come down over the years and the units are recyclable. The lifespan of a solar unit is expected to be in the region of 22 to 25 years. There are now over 300 active solar companies in Sri Lanka. This is a rapidly growing sector with the prospect of generating employment for tens of thousands of young Sri Lankans for many years to come as technicians, administrators and entrepreneurs. The potential advantages for the economy are extensive Sri Lanka’s growth of the renewable energy sector using freely available sunshine available virtually all year-round given the geographical proximity to the equator
It is not just about reducing the electricity bills of the prosumer. This green energy solution would also mean we avoid the heavy annual cost of the import of fossil fuels into Sri Lanka which very seriously affects its balance of payments each year. The unwarranted need for environmentally damaging energy sources like coal, diesel and nuclear (with its inherent dangers and enormous costs), etc., will lead to a meaningless downward spiral of more debt, enhanced climate risk and pollution.
The intermittency argument
The argument of intermittency of renewables is a misguided premise. Some may argue that seasonal variations of renewables such as solar or hydro power may make them unreliable. This can very easily be remedied by investment in a smart grid. This can be done by upgrading the existing transformers and grid lines. A policy decision would be required at cabinet level to advise the CEB to reinvest any profits for this purpose.
Green Hydrogen is the future
Solar generated power can be harnessed to invest in Green Hydrogen solutions which could mean that rather being an importer of fossil fuels, that the rest of the world is turning away from, Sri Lanka becomes an exporter of green hydrogen to countries in the northern hemisphere where sunshine is scarcer.
Picture what it could do to the Sri Lankan economy if, rather than being dependent on imports of polluting and expensive fuel which can exacerbate the climate crisis, we transform our island into an eco-tourist paradise and become an exporter of clean green hydrogen.
Green hydrogen is created by splitting water molecules into its components of Hydrogen and Oxygen. The hydrogen gas can be compressed and stored for export. The minimum voltage required for splitting the water molecule is about 1.50 Volts DC and scaling up and commercialisation is happening throughout the world currently.
Rebranding Sri Lanka as a renewable energy island
To limit imports of fossil fuels for automobiles, a policy decision at governmental level could provide concessions for electric cars for solar roof owners and encourage the use of solar powered charging stations. The annual cost of imports of petrol and diesel would reduce overtime as Sri Lanka encourages clean and green electric cars.
Whilst the rest of the world is turning to renewable energy with alacrity, Sri Lanka ought not turn to fossil fuel imports in breach of its commitments to the international community.
In 2015 Sri Lanka signed up to the United Nations 2030 Agenda. Ahead of the Paris Summit Sri Lanka set out its climate action plan which the UN Framework Convention on Climate Change (UNFCCC) stated “Countries have agreed that there will be no back-tracking in these national climate plans, meaning that the level of ambition to reduce emissions will increase over time.”
(https://unfccc.int/news/sri-lanka-submits-its-climate-action-plan-ahead-of-2015-paris-agreement)
Sri Lanka has a real opportunity to rebrand itself as a renewable energy island. This means moving towards the commitments made at UNFCC – COP25, Sri Lanka Country Statement in Madrid in December 2019:
“Sri Lanka recognises the importance of the role of COP and highlights the need to take effective and definitive steps for finalising the follow up actions of the Paris Agreement.
The rise of the global mean temperature and the resulting changes have created adverse impacts on key sectors of Sri Lanka, such as agriculture, forestry, biodiversity, marine and fisheries, tourism and energy (hydro power) sectors, leading to disastrous effects on its people, ecosystems and economy. According to official statistics from 2008 to 2018, droughts, floods and landslides have affected over 15 million people, and losses and damages resulting from these calamities have been borne by Sri Lanka’s national budget… Sri Lanka is committed to inclusive and participatory climate actions to ensure that affirmative actions are taken to address the vulnerabilities of climate change.“https://unfccc.int/sites/default/files/resource/SRILANKA_cop25cmp15cma2_HLS_EN.pdf
Why is reduction of the unit price a very regressive, harmful measure?
The reduction will discourage the use of clean renewable energy in favour of higher imports and a move towards dangerous and expensive sources of energy.
The consequences of a reduction of unit price will thus be far reaching beyond the loss to the prosumer.
Lithium battery storage options mean that even when the sun stops shining at night or in the wet season the solar panel produced energy can continue to be used. It is very likely that current solar companies will need to diversify to survive and move towards lithium battery storage solutions and inverters so that year long, 24-hour access to energy is available without recourse to the national grid for their customers. As individuals and institutions go off grid CEB’s income will dwindle in the long run as the private sector takes over.
Recommendations to the cabinet
We make the following recommendations to the Government of Sri Lanka:
(i) At present we have a fragile grid, and the CEB should strenuously endeavour to minimise energy leakages and improve the grid by replacing weak transformers and grid lines. Such continuous improvements will enable us to move towards a “Smart Grid” enabling absorption of large amounts of intermittent renewable energies like wind and solar.
(ii) At present we have ~1500 MW of renewables installed, comparable to hydroelectricity. When solar power is plentiful during the daytime, hydro power can be reduced simply by controlling the water flow without any technical difficulties. This is one way of assuring energy storage while balancing the grid energy.
(iii) Another solution for this is pumped-water storage plants. It is important to follow through with such measures which have now been under discussion for some time.
(iv) The future energy carrier is green hydrogen (GH) produced by electrolysing water using both wind and solar. A global Green Hydrogen revolution is taking place, and GH can be used to run vehicles using fuel cell technology. Trains and buses are being run with GH technology in Europe. GH can also be converted into ammonia and methanol to produce fertilizer and be applied for other industrial uses. Sri Lanka must not be left behind.
(v) GH can be stored and burned whenever energy is needed, especially during nighttime. Only water vapour is produced during the burning of hydrogen without any air pollution. Sri Lanka already has the Sobhadanavi LNG plant which is almost ready to use. Since we must import LNG to run this power plant, we should be able to reduce the LNG import bill by half by mixing the natural gas (methane) with the locally produced GH. See here:
(vi) Local solar energy companies should install high quality solar energy systems and provide “after sale services” in accordance with their guarantees.
(vii) PV companies should also be encouraged to collaborate with local electronics departments to manufacture accessories like inverters and other components needed for these systems, creating new jobs, and reducing the total cost of the systems.
(viii) In addition to grid tied solar roofs, the PV companies should also market hot water systems and water pumping systems. As a country reliant mainly on agriculture, solar water pumping and drip irrigation systems, especially in the dry zone, provide a huge potential for increasing food production.
(ix) Battery capacities are improving, and costs are coming down. This can be encouraged pending replacing grid infrastructure.
(x) It is important to increase public awareness through government funded campaigns. The public should recognise the dangers of using imported and expensive fossil fuel and the importance of using renewables.
(xi) The public should also recognise the advantages of having a clean environment, health benefits and enhanced living conditions.
(xii) A community development project called “Solar Village” to empower needy communities, accelerate their sustainable development, reduce poverty and take climate action has been developed over the past two decades. Seven solar villages have been established and funding for three more solar villages have been obtained.
Solar Village SDG, a UK based community interest company has been established to encourage the use of renewables and to pilot programmes which will support sustainable development goals. This includes providing access to a quality education for all via smart rooms which will be set up alongside solar villages in rural schools. Such initiatives could be encouraged and supported.
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