Features
Amendment 21A: President and Cabinet Responsible to Parliament

by Neville Ladduwahetty
During the course of a special televised statement, Prime Minister Ranil Wickremesinghe is reported to have stated among other Amendments to 21A, an Amendment to make the President and the Cabinet of Ministers responsible/answerable to Parliament. Since other Amendments proposed are limited to reorganising one organ of government, the Parliament, what is addressed herein involves the relationship of two separately elected organs of government to which the Peoples of Sri Lanka assigned their sacred sovereignty, namely the Executive and the Legislature.
While Amendments or reforms relating to one organ of government such as the Parliament could be undertaken without seeking the opinion of the People, the question is whether powers Constitutionally assigned could be withdrawn from one organ and transferred to another without seeking the opinion of the People. Furthermore, since the intended 22A is supposed to abolish the Executive Presidency, the conclusion the public could rationally arrive at is that the Amendment proposed by the Prime Minister to make the President and the Cabinet responsible/answerable to Parliament, could be achieved without seeking the opinion of the People through a referendum.
OPINION of the SUPREME COURT
The unanimous judgment given by a panel of seven Supreme Court judges becomes aptly relevant. They stated in SC FR 351 – 3612/2018: “the first rule when interpreting Constitutions is that words in a statute must be given their ordinary meaning”. Based on this rule, while Article 3 states: “Sovereignty includes powers of government…”, Articles 4 (a) and 4 (b) state the specific powers of government assigned by the People to the Legislature and the Executive.
Article 4 (a) states: “the legislative power of the People shall be exercised by Parliament consisting of elected representatives of the People and by the People by a Referendum”. AND Article 4 (b) states: “the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People”.
It is in this background that the Determination of the Supreme Court in S.D. No. 04/2015 should be revisited in the event the President is to be responsible to Parliament. The Court stated: “In fact, Mr. Sumanthiran contended that Article 42 is identical to corresponding provision in the 1st Republican Constitution of 1972, which stated in Article 91 that “the President shall be responsible to the National State Assembly for the due execution and performance of the powers and functions of his office under the Constitution…. Thus, the position of the President vis-a-vis the legislature, in which the president is responsible to the legislature was left untouched by the 1978 Constitution.”
What is of serious concern is how Article 91 of the 1972 Constitution came to be incorporated “untouched” in the 1978 Constitution when the political systems under which the two Constitutions operated were as different as chalk and cheese. For instance, the 1972 Constitution specifically states in Article 4: “The sovereignty of the People is exercised through a National State Assembly… Article 5 states: “The National State Assembly is the supreme instrument of State power of the Republic. The National State Assembly exercises – (a) the legislative power of the People (b) the executive power of the People (c) the judicial power of the People”. Thus, the 1972 Constitution caters to a system that is based on a single “supreme instrument of State power. On the other hand, the 1978 Constitution caters to a system where the where powers of government are separated between the “Legislative power of the people” and the “Executive power of the people”. Under such circumstances, it is beyond comprehension how provisions applicable to the arrangement that recognizes a single authority of State power could possibly be also applicable to a system of government where the sovereign People gave a mandate to divide their sovereignty between separate organs of State power.
How such a provision where the sovereignty of the People is exercised by a single all – encompassing entity, the National State Assembly, in which the President elected by Parliament is responsible to the legislature REMAINS “untouched in the 1978 Constitution” in which the sovereignty of the People is exercised by a separately elected President and a separately elected Parliament as separate organs of government is a judicial conundrum. What is tragic is that this seriously flawed notion has persisted without question since 1978 and would continue if a bold initiative is not taken by the legal fraternity to correct this legislative misadventure.
If the first rule of interpretation is to go by the ordinary meaning and Article 42 remains, there is a strong possibility, however flawed, that the President and the Cabinet would become responsible/answerable to Parliament. This would mean that the Amendments proposed by the Prime Minister in 21A would be subject only to a 2/3 majority. The need for a referendum would not arise either on spurious grounds that Article 4 is not an entrenched Article even though Courts have repeatedly state that Article 4 should be read with Article 3, or on blindly accepting existing constitutional provisions without questioning fundamentals.
It is only if Courts indulge in the luxury of exploring fundamentals that they would realise that the inclusion of Article 42 in the 1978 Constitution is misplaced. This means that under provisions of the 1978 Constitution, the President cannot be responsible to Parliament. The only way the President is required to be responsible to Parliament is by seeking the consent of the Peoples through a Referendum.
JUDGEMENT RELATING to the CABINET
Another issue of concern relates to the Cabinet. The judgement in S.D. No. 04/2015 states: “The People in whom sovereignty is reposed have made the President as the Head of the Executive in terms of Article 30 of the Constitution entrusted in the President, the exercise of Executive power being the custodian of such power. If the People have vested such power on the President, it must either be exercised by the President directly or someone who derives authority from the President. There is no doubt that Executive power can be distributed to others via President. However, if there is no link between the President and the person exercising Executive power, it may amount to a violation of mandate given by the people to the President”.
Continuing the judgment states: “Though Article 4 provides the form and manner of exercise of the sovereignty of the People, the ultimate act or decision of his executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and others to whom such power is given must derive the authority from the President or exercise Executive power vested in the President as a delegate of the President”.
Therefore, the conclusions that could be drawn from the judgment is that the Executive power of the President is independent of Parliament, and since the Cabinet derives its authority from the President, the Cabinet too must necessarily be independent of Parliament. Consequently, any attempt to alter this relationship between the President/Cabinet and Parliament must necessarily require an endorsement from by the people through a Referendum.
CONCLUSION
The conclusion that could justifiably be reached from the material presented above is that an Amendment that attempts to make the President to whom the people have unequivocally assigned part of their sovereignty to exercise their Executive power, responsible to Parliament to whom the People have assigned a separate part of their sovereignty, cannot be made without first seeking the consent of the people through a Referendum. Furthermore, since the Cabinet derives its authority from the President, the constraint that is applicable to the President is equally applicable to the Cabinet.
If the intent is to prevent an individual such as a President from exercising unfettered Executive power, Parliament could legislate broad benchmarks and guidelines for the Executive to abide by, and for Parliamentary Oversight Committees to monitor and report to Parliament. Such an arrangement would be in keeping with the core principles of the present Constitution.
The focus at this moment of desperation should not be to engage in a contest as to which branch has more power, but together focus on restoring the economy for the sake of the People. The notion that these Amendments are undertaken in response to the boisterous voice of some is a misplaced distraction because the concern of the silent majority is for essentials of livelihood that is not getting the attention it deserves. Therefore, the need of the moment is for both branches of government to work together without competing as to who has more power.
A suggestion that would have a significant impact on the overwhelming majority is availability of petroleum products. Therefore, instead of depending on credit lines, the government should take a bold initiative and consider negotiating with Russia to set up a refinery in Trinco of sufficient capacity to furnish local needs and export any excess. In the interim, Sri Lanka should negotiate with China to secure excess petroleum products in their possession due to devaluation of the yuan and the slow down of their economy due to COVID-19. Such interim arrangements should not be a concern for India, because LIOC already has 35% of Sri Lanka’s market share. Engaging with India, Russia and China to resolve Sri Lanka’s desperate energy needs would be in keeping with its Neutral Foreign Policy. It is only such bold initiatives that will prevent Sri Lanka from experiencing instability of a nature hitherto unknown.
Features
High govt. revenue and low foreign exchange reserves High foreign exchange reserves and low govt. revenue!

Government has permitted, after several years, the import of motor cars. Imports, including cars, were cut off because the government then wisely prioritised importing other commodities vital to the everyday life of the general public. It is fair to expect that some pent-up demand for motor vehicles has developed. But at what prices? Government seems to have expected that consumers would pay much higher prices than had prevailed earlier.
The rupee price of foreign exchange had risen by about half from Rs.200 per US$ to Rs.300. In those years, the cost of production of cars also had risen. The government dearly wanted more revenue to meet increasing government expenditure. Usually, motor cars are bought by those with higher incomes or larger amounts of wealth. Taxes on the purchase of cars probably promote equity in the distribution of incomes. The collection of tax on motor cars is convenient. What better commodity to tax?
The announced price of a Toyota Camry is about Rs.34 million. Among us, a Camry is usually bought by those with a substantially higher income than the average middle-income earner. It is not a luxury car like a Mercedes Benz 500/ BMW 700i. Yes, there are some Ferrari drivers. When converted into US dollars, the market price of a Camry 2025 in Sri Lankan amounts to about $110,000. The market price of a Camry in US is about $34,000, where it is usually bought by income earners in the middle-middle class: typically assistant professors in state universities or young executives. Who in Lanka will buy a Camry at Rs.34 million or $110,000 a piece?
How did Treasury experts expect high revenue from the import of motor cars? The price of a Toyota Camry in US markets is about $34,000. GDP per person, a rough measure of income per person in US, was about $ 88,000 in 2024. That mythical ‘average person’ in US in 2024, could spend about 2.5 month’s income and buy a Toyota Camry. Income per person, in Lanka in 2024, was about $ 4,000. The market price of a Camry in Lanka is about $ 133,000. A person in Lanka must pay 33 years of annual income to buy a Toyota Camry in 2025.
Whoever imagined that with those incomes and prices, there would be any sales of Camry in Lanka? After making necessary adjustments (mutatis mutandis), Toyota Camry’s example applies to all import dues increases. Higher import duties will yield some additional revenue to government. How much they will yield cannot be answered without much more work. High import duties will deter people from buying imported goods. There will be no large drawdown of foreign exchange; nor will there be additional government revenue: result, high government foreign exchange reserves and low government revenue.
For people to buy cars at such higher prices in 2025, their incomes must rise substantially (unlikely) or they must shift their preferences for motor cars and drop their demand for other goods and services. There is no reason to believe that any of those changes have taken place. In the 2025 budget, government has an ambitious programme of expenditure. For government to implement that programme, they need high government revenue. If the high rates of duties on imports do not yield higher government revenue as hypothesised earlier, government must borrow in the domestic market. The economy is not worthy of raising funds in international capital markets yet.
If government sells large amounts of bonds, the price of all bonds will fall, i.e. interest rates will rise, with two consequences. First, expenditure on interest payments by government will rise for which they would need more revenue. Second, high interest rates may send money to banks rather than to industry. Finding out how these complexities will work out needs careful, methodically satisfactory work. It is probable that if government borrows heavily to pay for budgetary allocations, the fundamental problem arising out of heavy public debt will not be solved.
The congratulatory comments made by the Manager of IMF applied to the recent limited exercise of handling the severity of balance of payments and public debt problems. The fundamental problem of paying back debt can be solved only when the economy grows fast enough (perhaps 7.5 % annually) for several years. Of that growth, perhaps, half (say 4 % points) need to be paid back for many years to reduce the burden of external debt.
Domestic use of additional resources can increase annually by no more than 3.5 percent, even if the economy grows at 7.5 percent per year. Leaders in society, including scholars in the JJB government, university teachers and others must highlight the problems and seek solutions therefor, rather than repeat over and over again accounts of the problem itself.
Growth must not only be fast and sustained but also exports heavy. The reasoning is as follows. This economy is highly import-dependent. One percent growth in the economy required 0.31% percent increase in imports in 2012 and 0. 21 percent increase in 2024. The scarcity of imports cut down the rate of growth of the economy in 2024. Total GDP will not catch up with what it was in (say) 2017, until the ratio of imports to GDP rises above 30 percent.
The availability of imports is a binding constraint on the rate of growth of the economy. An economy that is free to grow will require much more imports (not only cement and structural steel but also intermediate imports of many kinds). I guess that the required ratio will exceed 35 percent. Import capacity is determined by the value of exports reduced by debt repayments to the rest of the world. The most important structural change in the economy is producing exports to provide adequate import capacity. (The constant chatter by IMF and the Treasury officials about another kind of structural change confuses the issue.) An annual 7.5 percent growth in the economy requires import capacity to grow by about 2.6 percent annually.
This economy needs, besides, resources to pay back accumulated foreign debt. If servicing that accumulation requires, takes 4% points of GDP, import capacity needs to grow by (about) 6.6 percent per year, for many years. Import capacity is created when the economy exports to earn foreign exchange and when persons working overseas remit substantial parts of their earnings to persons in Lanka. Both tourism and remittances from overseas have begun to grow robustly. They must continue to flow in persistently.
There are darkening clouds raised by fires in prominent markets for exports from all countries including those poor. This is a form of race to the bottom, which a prominent economist once called ‘a policy to beggar thy neighbour (even across the wide Pacific)’. Unlike the thirty years from 1995, the next 30 years now seem fraught with much danger to processes of growth aided by open international trade. East Asian economies grew phenomenally by selling in booming rich markets, using technology developed in rich countries.
Lanka weighed down with 2,500 years of high culture ignored that reality. The United States of America now is swinging with might and main a wrecking ball to destroy that structure which they had put up, one thought foolishly, with conviction. Among those storms, many container ships would rather be put to port than brave choppy seas. High rates of growth in export earnings seem a bleak prospect. There yet may be some room in the massive economies of China and India.
Consequently, it is fanciful to expect that living conditions will improve rapidly, beginning with the implementation of the 2025 budget. It will be a major achievement if the 2025 budget is fully implemented, as I have argued earlier. Remarkable efforts to cut down on extravagance, waste and the plunder of public funds will help, somewhat; but not enough. IMF or not, there is no way of paying back accumulated debt without running an export surplus sufficient to service debt obligations.
Exports are necessary to permit the economy to pay off accumulated debt and permit some increase in the standard of living. Austerity will be the order of the day for many years to come. It is most unlikely that the next five years will usher in prosperity.
By Usvatte-aratchi
Features
BLOSSOMS OF HOPE 2025

An Ikebana exhibition in aid of pediatric cancer patients
This Ikebana exhibition by the members of Ikebana International Sri Lanka Chapter #262, brings this ancient art form to life in support of a deeply meaningful cause: aiding the Pediatric Cancer ward of the Apeksha Cancer Hospital, Maharagama and offering hope to young warriors in their fight against illness.
Graceful, delicate, and filled with meaning—Ikebana, the Japanese art of floral arrangement, is more than just an expression of beauty; it is a reflection of life’s resilience and harmony. “Blossoms of Hope”, is a special Ikebana exhibition, on 29th March from 11a.m. to 7p.m. and 30th March from 10a.m. to 6p.m. at the Ivy Room, Cinnamon Grand Hotel and demonstrations will be from 4p.m. to 5p.m. on both days.
Each floral arrangement in this exhibition is a tribute to strength, renewal, and love. Carefully crafted by skilled Ikebana artists, who are members of the Chapter. These breathtaking displays symbolize the courage of children battling cancer, reminding us that even in adversity, beauty can bloom. The graceful lines, vibrant hues, and thoughtful compositions of Ikebana echo the journey of resilience, inspiring both reflection and compassion.
Visitors will not only experience the tranquility and elegance of Japanese floral art but will also have the opportunity to make a difference. Proceeds from “Blossoms of Hope” will go towards enhancing medical care, providing essential resources, and creating a more comforting environment for young patients and their families.
This exhibition is more than an artistic showcase—it is a gesture of kindness, a symbol of solidarity, and a reminder that hope, like a flower, can grow even in the most unexpected places. By attending and supporting “Blossoms of Hope”, you become a part of this journey, helping to bring light and joy into the lives of children who need it most.
Join in celebrating art, compassion, and the Power of Hope—one flower at a time.
Features
St. Anthony’s Church feast at Kachchativu island

The famous St. Anthony’s Church feast this year was held on 14 and 15 March. St. Anthony, as per Catholic belief, gives protection and looks after fishermen and seafarers like me. Many Buddhist seafarers are believers in St. Anthony and they usually keep a statue of the saint in their cabins in the ship or craft.
St. Anthony died on 13th June 1231 at age of 35 years, at Padua in Holy Roman Empire and was canonized on 30 May 1232 by Pope Gregory IX.
I was unable to attend last year’s feast as I was away in Pakistan as Sri Lanka’s High Commissioner. I was more than happy to learn that Indians were also attending the feast this year and there would be 4,000 devotees.
I decided to travel to Kankesanturai (KKS) Jaffna by train and stay at my usual resting place, Fort Hammenhiel Resort, a Navy-run boutique hotel, which was once a prison, where JVP leaders, including Rohana Wijeweera were held during the 1971 insurrection. I was fortunate to turn this fort on a tiny islet in Kytes lagoon into a four-star boutique hotel and preserve Wijeweera’s handwriting in 2012, when I was the Commander Northern Naval Area.
I invite you to visit Fort Hammenhiel during your next trip to Jaffna and see Wijeweera’s handwriting.
The train left Colombo Fort Railway Station on time (0530 hrs/14th) and reached KKS at 1410 hrs. I was highly impressed with the cleanliness and quality of railway compartments and toilets. When I sent a photograph of my railway compartment to my son, he texted me asking “Dad, are you in an aircraft or in a train compartment? “
Well done Sri Lanka Railways! Please keep up your good work. No wonder foreign tourists love train rides, including the famous Ella Odyssey.
Travelling on board a train is comfortable, relaxed and stress free! As a frequent traveller on A 9 road to Jaffna, which is stressful due to oncoming heavy vehicles on. This was a new experience and I enjoyed the ride, sitting comfortably and reading a book received from my friend in New York- Senaka Senaviratne—’Hillbilly Elegy’ by US Vice President JD Vance. The book is an international best seller.
My buddy, Commodore (E) Dissanayake (Dissa), a brilliant engineer who built Reverse Osmosis Water Purification Plants for North, North Central and North Western provinces to help prevent chronic kidney disease is the Commodore Superintendent Engineering in the Northern Naval Area. He was waiting at the KKS railway station to receive me.
I enjoyed a cup of tea at Dissa’s chalet at our Northern Naval Command Headquarters in KKS and proceeded to Fort Hammenhiel at Karainagar, a 35-minute drive from KKS.
The acting Commanding Officer of Karainagar Naval Base (SLNS ELARA) Commander Jayawardena (Jaye) was there at Fort Hammenhiel Restaurant to have late lunch with me.
Jaye was a cadet at Naval and Maritime Academy, (NMA) Trincomalee, when I was Commandant in 2006, NMA was under artillery fire from LTTE twice, when those officers were cadets and until we destroyed enemy gun positions, and the army occupied Sampoor south of the Trincomalee harbour. I feel very proud of Jaye, who is a Commander now (equal to Army rank Lieutenant Colonel) and Commanding a very important Naval Base in Jaffna.
The present Navy Commander Vice Admiral Kanchana Banagoda had been in SLNS ELARA a few hours before me and he had left for the Delft Island on an inspection tour.
Commander Jaye was very happy because his Divisional Officer, when he was a cadet, was Vice Admiral Kanchana (then Lieutenant Commander). I had lunch and rested for a few hours before leaving Karainagar in an Inshore Patrol Craft heading to Kachchativu Island by1730 hrs.
The sea was very calm due to inter-monsoon weather and we reached Kachchativu Island by 1845 hrs. Devotees from both Sri Lanka and India had already reached the island. The Catholic Bishop of Sivagangai Diocese, Tamil Nadu India His Eminence Lourdu Anandam and Vicar General of Jaffna Diocese Very Rev Fr. PJ Jabaratnam were already there in Kachchativu together with more than 100 priests and nuns from Sri Lanka and India. It was a solid display of brotherhood of two neighbouring nations united together at this tiny island to worship God. They were joined by 8,000 devotees, with 4,000 from each country).
All logistics—food, fresh water, medical facilities—were provided by the Sri Lanka Navy. Now, this festival has become a major annual amphibious operation for Navy’s Landing Craft fleet, led by SLNS Shakthi (Landing Ship tanks). The Navy establishes a temporary base in a remote island which does not have a drop of drinking water, and provides food and water to 8,000 persons. The event is planned and executed commendably well under Commander Northern Naval Area, Rear Admiral Thusara Karunathilake. The Sri Lankan government allocates Rs 30 million from the annual national budget for this festival, which is now considered a national religious festival.
The Indian devotees enjoy food provided by SLN. They have the highest regard for our Navy. The local devotees are from the Jaffna Diocese, mainly from the Delft Island and helped SLN. Delft Pradeshiya Sabha and AGA Delft Island. A very efficient lady supervised all administrative functions on the Island. Sri Lanka Police established a temporary police station with both male and female officers.
As usual, the Sinhalese devotees came from Negombo, Chilaw, Kurunegala and other areas, bringing food enough for them and their Catholic brothers and sisters from India! Children brought biscuits, milk toffee, kalu dodol and cakes to share with Indian and Jaffna devotees.
In his sermon on 22nd December 2016, when he declared open the new Church built by SLN from financial contributions from Navy officers and sailors, Jaffna Bishop Rt Rev Dr Justin Bernard Ganapragasam said that day “the new Church would be the Church of Reconciliation”.
The church was magnificent at night. Sitting on the beach and looking at the beautiful moon-lit sea, light breeze coming from the North East direction and listening to beautiful hymns sung by devotees praising Saint Anthony, I thanked God and remembered all my friends who patrolled those seas and were no more with us. Their dedication, and bravery out at sea brought lasting peace to our beloved country. But today WHO REMEMBERS THEM?
The rituals continued until midnight. Navy Commander and the Indian Consul General in Jaffna Sai Murali attended the Main Mass.
The following morning (15) the Main Mass was attended by Vice Admiral Kanchana Banagoda and his family. It was a great gesture by the Navy Commander to attend the feast with his family. I had a long discussion with Indian Consul General Jaffna Sai Mulari about frequent incidents of Indian trawlers engaging in bottom trawling in Sri Lankan waters and what we should do as diplomats to bring a lasting solution to this issue, as I was highly impressed with this young Indian diplomat.
The Vicar General of the Jaffna Diocese, my dear friend, Very Rev Father P J Jabarathnam also made an open appeal to all Indian and Sri Lankan fishermen to protect the environment. I was fortunate to attend yet another St. Anthony’s Church feast in Kachchativu.
By Admiral Ravindra C Wijegunaratne WV,
RWP& Bar, RSP, VSV, USP, NI (M) (Pakistan), ndc, psn,
Bsc (Hons) (War Studies) (Karachi) MPhil (Madras)
Former Navy Commander and Former Chief of Defense Staff
Former Chairman, Trincomalee Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan
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