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Editorial

Abolishing the Executive Presidency

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The Friday Forum has made a welcome reappearance after a somewhat long absence, an event which we warmly welcome. We carry the statement the group released a couple of days ago in this issue of our newspaper and urge readers to digest the commentary set out with due diligence. Its signatories are persons of the utmost integrity and achievement in academia and elsewhere who are not political activists or aspirants – though they undoubtedly hold political opinions – and their viewpoint on contemporary national development deserve the consideration of all thinking people. In their statement, Friday Forum while elaborating of many ongoing shortcomings in the governance of the country has socked home the point that the “toxic” executive presidency must be ended this year.

The week that passed saw the issue of a short bulletin by the President’s Media Division (PMD) which said among other things that the presidential election that is due this year will be held as constitutionally mandated. Obviously this statement, issued on the directions of President Ranil Wickremesinghe, was a clear reaction to ongoing rumours/ accusations/ allegations, or whatever label you may choose to stick on it, that machinations are afoot not to hold these elections as due now crowding the public space. Given that it has only been a few months since this country watched with wide open mouths the spectacle of nominations for local elections being duly received and polling dates set, but the election not held on grounds that there was no money to fund it, who can blame anybody for being suspicious of the possibility of any kind of villainy being afoot? The PMD may have signed off its bulletin less formally than the customary “By His Excellency’s Command” as many communications from his office conclude. But the message remains the same.

Dr. Nihal Jayawickreme, an eminent legal academic in an article in the opposite page asks “why on earth the PMD bulletin was issued to assert the obvious?” Why indeed. “Was it to stifle the movement for restoring the parliamentary executive that appears to be gaining wide public support?” he has asked. As is very well known to all Lankans, we have had several presidents elected to office promising the electorate that they would abolish the executive presidency fathered on us in 1978 by President J.R. Jayewardene, swept into office with an unprecedented five sixths parliamentary majority a year earlier. The highly respected British journal, The Economists, once called JRJ “Junius Rex,” deliciously punning on his name and monarchical attitudes which made him publicly proclaim that there was nothing he could not do under his constitution “except make a man a woman or vice versa.”

While Mahinda Rajapaksa, Chandrika Kumaratunga and Maithripala Sirisena vowed to the electorate that they would abolish the executive presidency, none of them did so. In fact, Rajapaksa engineered a constitutional amendment abolishing the previous two-term limit to give himself a third term and disastrously lost the 2015 presidential election to Sirisena, touted as a “common opposition candidate” and was elected to office on UNP votes. Sirisena who now says that he’ll raise “both hands to abolish the executive presidency” was able to welsh on his campaign promise perhaps on account of the untimely death of Ven. Madulwawe Sobhitha, who along with the UNP were the major factors in his election. Rajapaksa who recently went on record that he stood for the abolition of the executive presidency admitted he enjoyed holding that office.

President CBK, now making a reappearance in the political scene following her role in securing the “common opposition” nomination for Sirisena in 2015, came closest to abolishing the executive presidency with a new draft constitution, finalized after consultations with the major opposition, with an ironclad guarantee of abolishing the office. But a transitional provision for her to exercise the powers of that office until the end of her term, allegedly introduced without consultation with other stakeholders, resulted in the UNP setting fire, in the chamber of the House, to that document presented to parliament by then Constitutional Affairs Minister GL Peiris, in August 2000. There are those who believed then President Kumaratunga may have been persuaded to back down on those provisions but that was not to be and Kumaratunga served two full terms as executive president till November 2005.

While the president himself has not formally declared his candidature for a presidential election later this year, his proxies have done so and the machinery to run for election is being set up. While the Rajapaksa have not said that Ranil will be the SLPP candidate at such an election, insisting that their candidate will be presented at the “right time,” individuals and sections of their party have indicated their backing for Wickremesinghe. The president seizes every possible opportunity to call upon the opposition to join the government to revive the economy but does not himself show the slightest sign of cooperating with the opposition on anything. Anura Kumara Dissanyake, leader of the NPP/JVP and Sajith Premadasa are declared candidates. Nihal Jayawickreme has found hilarious the demand of Chief Opposition Whip Lakshman Kiriella of the SJB that the presidential election be first held and thereafter the executive presidency abolished. However events may unfold, there is a clear public perception that this outcome is highly desired by the country.

Friday Forum has bluntly said in its statement: “The time has come for us as citizen to demand that the abolition of the Executive Presidency is realized as a matter of urgency in 2024. It is a toxic model of governance that has damaged public institutions. All the major political parties of this country made this promise and never fulfilled it……”



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Editorial

Govt.’s saffron dilemma

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A group of Buddhist monks and laypersons were staging a sit-in near the Presidential Secretariat at the time of going to press. The police obtained a court order yesterday morning prohibiting the protest on the grounds that it was being held in a high-security zone. Speculation was rife that the police would be able to disperse the protesters. However, all indications are that the campaign for the release of Ven. Galagoda Aththe Gnanasara Thera from prison is unlikely to end, and the current protest may be shifted to some other venue.

Ironically, the monks’ staged their sit-in at the cradle of Aragalaya, which paved the way for the JVP-NPP’s meteoric rise to power. What began to unfold near the Presidential Secretariat yesterday is more than a protest; it is a test of strength for the government, which may try every trick in the book to prevail in the current dispute.

Opinion may be divided on the protesting monks’ demand for a presidential pardon for Gnanasara Thera, but the current crisis has stemmed from the government’s mishandling of the decision to produe him in court in lay attire. The government first sought to justify the prison officers bringing him to court, dressed in a sarong and shirt. Then, it made an about-turn and changed the prison rules and regulations, allowing monks in jail to appear in court, wearing saffron robes. The Opposition and independent legal experts have argued that there was no need for President Anura Kumara Dissanayake to appoint a committee to review prison regulations, and the Minister of Justice could have simply directed the prison authorities to do what the committee took days to recommend. The government’s delayed action drove the protesters to launch a march from Kandy to Colombo and escalate their demand, calling for the immediate release of Gnanasara Thera. This is what happens when governments overestimate their strength, ignore the ground reality and refuse to take prompt action to resolve issues.

Sri Lankan governments with two-thirds majorities paradoxically become their own enemies. Impervious to reason, they act according to the whims and fancies of their leaders and take unnecessary risks much like drunk drivers recklessly speeding across unprotected level crossings. The SLFP-led United Front government (1970-77) succumbed to the arrogance of power and its two-thirds majority became its undoing, as it were. President J. R. Jayewardene’s government (1977-88) plunged itself as well as the entire country into chaos by misusing its supermajority. President Mahinda Rajapaksa suffered a painful pratfall in 2015 as his government misused its two-thirds majority, and President Gotabaya Rajapaksa had to head for the hills, together with his siblings, and resign although his government had mustered a supermajority. The incumbent government has not learnt from the predicament of its predecessors.

Political rhetoric may be effective in the short term, but it cannot help suppress the truth or obscure reality. At a recent meeting with a group of representatives of the Maha Nayake Theras, who argued that Gnanasara Thera should be allowed to wear his robe, President Anura Kumara Dissanayake said he did not want to issue an order making an exception for one individual while prison regulations remained unchanged and he would appoint a committee to look into the matter and make recommendations. The committee recommended that Buddhist monks and other members of the clergy serving jail terms be permitted to appear in courts in their robes. It was obvious that the President had the prison regulations amended primarily to benefit Gnanasara Thera, while extending the same benefit to other imprisoned monks. The President said something similar when he met a delegation of the Bar Association of Sri Lanka over his government’s move to raise the retirement ages of the superior court judge. He insisted that it was not for the benefit of any particular individual that the 22nd Amendment (22A) would be enacted. But it was obvious that although the government moved to increase the retirement ages of all judges subsequently, 22A was primarily intended to benefit one particular judge who was reaching the age of 65.

The government may have thought trouble would end for it with Gnanasara Thera’s return to prison, but his imprisonment has become an even bigger problem, with President Dissanayake coming under increasing pressure to grant him a presidential pardon. If he gives in, the government will face serious questions over its reversal of policy on presidential pardons and what its supporters may view as a capitulation to the very forces it pledged to defeat. He thus finds itself in a dilemma.

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Editorial

A trial balloon?

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Saturday 17th October, 2026

There seems to be no end in sight to controversies the JVP-NPP government creates. It has been reported that the ruling party parliamentary group has proposed that the no-confidence motion (NCM) submitted by the Opposition against Speaker Jagath Wickramaratne be referred to the Attorney General for his opinion and recommendations. Some Opposition politicians have claimed on social media that this move could be a bid to block the debate on the NCM. This is something that not even the SLPP-UNP government contemplated. The previous administration allowed an NCM to be moved against Speaker Mahinda Yapa Abeywardena in 2024 and defeated it.

Minister Bimal Rathnayake has gone on record as saying that the government is ready for a debate on the NCM against the Speaker. This is the government’s official position, but anything is possible in Sri Lankan politics characterised by about-turns. The government is wary of taking up the NCM at issue, which is a can of worms. Therefore, the possibility of the NPP doing everything possible to prevent a debate on it cannot be ruled out. It may have sent a trial balloon by leaking information about how it is planning to set about the task.

One may recall that in August 2025, the government effectively blocked an NCM against Deputy Defence Minister Aruna Jayasekara, with the Speaker ruling that the motion was out of order. Thirty-two Opposition MPs, including Opposition Leader Sajith Premadasa, had submitted that motion against Jayasekara, raising serious concerns about a potential conflict of interest arising from his former military role and the ongoing investigations into the 2019 Easter Sunday bombings. But the allegations against Jayasekera have not gone away.

If the government is planning to seek the Attorney General’s opinion as part of a strategy to scuttle the NCM against the Speaker, as reported, such action will be far more politically damaging than facing a debate on it. Legal experts inform us that there are no grounds on which the NCM at issue can be rejected.

Powerful governments have made a mockery of their commitment to upholding parliamentary traditions and good governance by playing politics with NCMs. One may recall that the JVP was among the political parties that condemned the J. R. Jayewardene government for abusing its steamroller majority to do something despicable to an NCM. In 1980, the Opposition sought to postpone the debate on an NCM it had moved against the then Speaker Bakeer Markar for backing President Jayewardene’s efforts to retain Abeyratne Pilapitiya as a UNP MP by nominating him to the Kalawana electorate despite a Supreme Court ruling that his election was void. Speaker Markar echoed President Jayewardene’s assertion that the Kalawana seat had not fallen vacant, and therefore a by-election was not warranted. The NCM against the Speaker was scheduled to be debated on 23 December, 1980, but the Opposition wanted it postponed in view of possible legal implications of the by-election the UNP was trying to avoid. But claiming that the NCM, moved by the Opposition, was of utmost national importance and therefore had to be debated urgently, the UNP government took it up, put it to the vote and defeated it! All UNP MPs, including the proposer and the seconder, voted against the NCM! The Opposition boycotted the NCM debate. The UNP will never be able to live down its shameful action.

The JVP-NPP government would do well to refrain from resorting to tactics that evoke memories of the governments the JVP vehemently condemned as dictatorial regimes and doing what not even its predecessors did. It is fervently hoped that the allegations about a move to block the NCM against the Speaker are not true.

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Editorial

Saving Anojan: Beyond Executioner’s Blade

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Friday 16th October, 2026

Glad tidings come occasionally amidst doom and gloom. Sri Lankans are elated that the Supreme Court of Saudi Arabia has set aside the death sentence imposed on Anojan Sivarasa. He was initially sentenced to five years’ imprisonment and fined three million Saudi riyals over a Facebook comment deemed insulting to the Prophet Muhammad. The death sentence was subsequently imposed on appeal, forcing Sri Lanka to redouble its efforts to save him. The Opposition lost no time in raking the government over the coals, claiming that it had ruined the chances of saving Anojan.

Anojan has been spared the death penalty, but that does not mean his freedom has been secured. His legal fate remains uncertain. Conflicting interpretations of the Saudi Supreme Court ruling and media reports based on them do not establish whether he will face another sentence at the rehearing or incur other legal consequences for the offence of which he was convicted. A prolonged stay in a Saudi prison could prove a fate worse than death. Anojan has already suffered an assault at the hands of a fellow inmate. His ordeal, therefore, is far from over. It is fervently hoped that he will secure his freedom, return to Sri Lanka and be reunited with his family.

It is both heartening and ironic that a government led by the JVP, an organisation with a history of kangaroo trials and extrajudicial executions, has striven to save a life, and rightly so. One hopes that the government will continue to uphold the same respect for the right to life in its broader sense, a fundamental human rights principle that encompasses not only protection against arbitrary deprivation of life but also the state’s duty to safeguard life. Saving Anojan from the executioner’s blade is therefore a welcome act. But respect for the right to life must extend beyond a single individual facing execution abroad. According to the UN Human Rights Committee, the right to life encompasses protection against unlawful killing, foreseeable threats to life, and conditions that prevent people from living with dignity. These include access to essential healthcare and other basic services, protection against environmental degradation and public hazards, and safeguards against deaths in state custody. The principle applies to everyone, including suspects and convicted criminals, regardless of the gravity of their offences.

It is said that victory has a thousand fathers but defeat is an orphan. So, it is only natural that both the government and the Opposition are claiming credit for saving Anojan. If the Saudi Supreme Court had upheld the death sentence, they would have blamed each other.

Sri Lankan taxpayers, who are struggling to keep their heads above water amidst numerous economic hardships and crying out for relief, have a right to know how much the legal and diplomatic efforts to save Anojan from execution have cost the public purse. The government must disclose the expenditure incurred, including legal fees, travel and other related expenses, and explain the principles governing the use of public funds for such interventions.

The government should also make it very clear that all Sri Lankans working or living abroad must understand that they are subject to the laws of their host countries and that insulting religions or committing other offences can have grave consequences. Those who knowingly violate such laws must be prepared to face the legal consequences. At the same time, any policy must allow for exceptional cases in which fundamental rights, access to justice or the risk of disproportionate punishment warrant direct state intervention.

One important lesson that Anojan’s predicament holds for social media users is that freedom of expression is not the freedom of the wild ass. It has limits, and, as the familiar saying goes, one person’s freedom ends where another person’s nose begins.

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