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Corruption free governance

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By Dr. Justice Chandradasa Nanayakkara

Corruption in the spheres of government has been cited as one of many issues which led to nationwide protests and an unprecedented economic and political meltdown in the country. The public perception of the level of corruption, prevalent in government, has given rise to enormous discontent. The problem of corruption is sometimes perceived by the public as a problem more serious than poverty, unemployment and the rising cost of living.

Furthermore, corruption violates the spirit of the Constitution in addition to undermining the democratic ideals and principles of the Constitution. It erodes trust, weakens democratic form of governance, hampers economic development and further exacerbates inequality, poverty, social division and environmental degradation.

People expect honest, efficient and untainted governance from the new Cabinet to be formed under the newly elected President, while ridding the government institutions of its rampant corruption. People have a right to demand a corruption-free government. It is the duty of the government to ensure all of its affairs are conducted in a manner that promotes transparency, accountability and integrity. Lack of transparency, accountability, as well as institutional weakness, such as in the legislature and judicial system, provide fertile ground for high level of corruption in the country. Moreover, it should be remembered that allegations of corruption have led to the fall of governments and ruined the political careers of many renowned public figures and tarnished their reputation.

Therefore, fighting corruption has inevitably become one of the major challenges the government has to face, under the present circumstances. It behooves the newly elected President to appoint individuals of integrity and impeccable rectitude as ministers of the state. The appointment of ministers should be purely based on objective critia, such as appropriate qualifications, merit and efficiency.

In relation to this, reference to the observations made by the Indian Supreme Court, in a public interest litigation, filed in 2005, seeking the removal of tainted ministers from the Cabinet, would be pertinent. In this case, the Supreme Court advised the then Prime Minister to desist from appointing charge sheeted persons, facing trial for offences involving moral turpitude, as ministers, though there were no specific provisions in the Constitution, debarring such appointment. A five-judge bench, headed by the Chief Justice of India, R. M Lodha, observed that the Prime Minister, as the trustee of the Constitution, was expected to act in accordance with constitutional propriety and not to appoint unwarranted persons as ministers. The bench asked “whether a person who has come in to conflict with the law would be in a position to conscientiously discharge his function as Minister of the State when his integrity is questioned, and whether a person with doubtful integrity can be given the responsibility”. The court,while expressing its concern over criminalization of politics, left it to the wisdom of the Prime Minister to consider the suitability of such a person as a Minister.

Justice Mishra

Justice Dipak Mishra, writing the judgement, observed that although, Article 75 of the Indian Constitution does not embody any restriction as to who could be appointed as ministers and the court could not even by expansive constitutional interpretation prevent the Prime Minister from appointing a member of Parliament against whom charges of corruption have been made, it is always advisable to desist from appointing such charge-sheeted persons as ministers. It further observed that constitutional morality, good governance, constitutional trust and good sense was expected from the Prime Minster. It should be left to his wisdom not to recommend any person with criminal charges from being appointed as a minister. Many things cannot be included in the Constitution but the Constitution cannot, however, be expected to operate in a vacuum. Therefore, the Prime Minister should act in the interest of national polity and avoid appointing unsuitable persons as ministers, against whom charges of corruption have been levelled against, in order to restore people’s faith in democracy.

These observations made by the Indian Supreme Court are equally applicable to the existing circumstances in our country today and it is for the new President to take into consideration views expressed by the Indian Supreme court when appointing the new Cabinet of Ministers.

Global phenomenon

Corruption is an enduring global phenomenon. It is said that trillions of dollars in bribes are paid globally on an annual basis. One of the difficulties in discussing corruption is that of definition, as there is no universally accepted definition. Corruption takes many forms. It is traditionally defined as a form of dishonesty or a criminal offence which is committed by a person, or an organisation, entrusted with a position of authority, in order to acquire illicit benefits or abuse of power for private gain. Political corruption is the manipulation of policies, institutions, rules of procedure and decisions by political decision-makers to abuse their position for private gain. It encompasses such dishonest acts as, bribery, nepotism, misappropriation, double dealing, under the table transactions, manipulating elections, diverting funds, money laundering and extra-legal efforts by individuals or groups to gain influence over the actions of bureaucracy. While the intensity of the problem may vary across countries, it is the third world countries with high levels of poverty that are particularly vulnerable to systemic corruption.

Systemic ramifications

It cannot be denied that corruption is pervasive in Sri Lanka, as it has permeated various levels of public administration. Corruption exits practically at every level of society from the top echelons of political power to minor staff level. Corruption has become so widespread it is sometimes seen as a normal and legitimate part of politics and simply a cost of doing business.

The pernicious and systemic ramifications of pervasive corruption in Sri Lanka have been well discussed and documented. According to Transparency International Sri Lanka’s rank in the corruption perception index has worsened with time. Sri Lanka’s score has dropped from 38 in 2020 to 37 in 2021 pushing down its global ranking from 94 to 102. It is alleged that there are massive cases involving corruption in the allocation of resources and in procurement processes which operate without adhering to proper tender procedures etc. Sri Lanka has lost a staggering amount of income as a result of this, and there are a large number of cases pending trial under the Prevention of Corruption Act in our courts.

Although successive governments in Sri Lanka from the time of gaining independence have pledged to eradicate corruption and to that end have taken certain measures to contain it they have not yielded the intended results. Political parties and politicians have often reiterated that they intend to eradicate corruption in their manifestoes at the time of election, however their assurances have only been limited to rhetoric and hardly put in to practice. Therefore, the problem of corruption needs to be addressed on a priority basis if Sri Lanka is to come out of the present political and economic morass the country is mired in. Corruption affects development efforts and the attempts to obtain assistance from international agencies such as the International Monetary fund and The World Bank.

It should be remembered that legal and institutional measures put in place to address the issue of corruption would be of no avail if the government approaches the issue in a halfhearted manner. There should be political consensus on the need to take effective measures to combat the scourge of corruption. For tackling corruption, strong political will and dedication are required, as well as good governance, administrative accountability, procedural facilitation, and public engagement through public audit committees acting as watchdogs. Any investigation of alleged acts of corruption or mismanagement committed by any person regardless of his position should not be left to the discretion of men in power.

If leaders are corrupt, others will be inspired to follow suit. Therefore, it is the government’s responsibility to investigate and prosecute corrupt behaviour in an effective manner.

In many cases, the Police Department and the Court system that should be investigating and prosecuting corrupt behaviour are themselves caught up in the system. Sometimes criminal prosecution may then simply become an instrument for eliminating political opponents. Also, immunity from prosecution enjoyed by certain corrupt politicians has become a hindrance to the prosecution of the corrupt.

Anti-corruption measures undermined

Moreover, government should ensure that the people entrusted with the task of tackling the issue of corruption are people with utmost moral rectitude and are not involved in corrupt practices. Therefore, independence of the investigative authority would be critical in ensuring allegations of corruption are handled in an impartial, fair and unbiased manner. When an act of corruption is committed by powerful and well-connected individuals there is always a possibility of influencing the investigative authorities. The institutional credibility would be important, as legitimacy of any anti-corruption authority is dependent upon the confidence it can command from people. This is dependent on factors like impartiality, operational efficiency and the financial autonomy and most importantly the impeccable integrity and rectitude of the people who conduct the process.

Serious anti-corruption efforts have been undermined due to the lack of an impartial unbiassed approach to investigation and prosecution of cases relating to corruption.

Sri Lankan people doubted the ability of every government that came in to power and continue to doubt the ability of the governments that may be installed in the future, to deal with corruption effectively. The lack of faith and confidence in the government’s ability to combat corruption in an impartial and unbiassed manner has undermined the credibility of every government. Investigations relating to corruption have by and large suffered as a result of this inability and political intervention. In this connection the judiciary too has an important role to play as an important organ of government and it is entrusted with the responsibility to ensure that other organs of government act in accordance with the constitution. The role of media and other members of civil society also becomes important. Media should consistently expose the corrupt actions of politicians and bureaucrats.

Corruption has multiple effects on the society. The impact of corruption is not limited to financial losses, diversions of funds for personal use, political inefficiency or failures. It also impacts welfare of citizens as corruption affects decisions pertaining to public investments in health, education, infrastructure, housing, and plantation etc. A corruption-free government is, therefore, intrinsically connected with basic fundamental rights of every individual.



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Rocked Toronto … in style

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Sohan and Piyal in action at Toronto Ceymphony Mega Star Spring Blast, in Canada

It’s quite obvious that with Sohan Weerasinghe in the spotlight, it generally turns out to be a rocking scene, and that’s exactly what he, along with Piyal Perera, of the Gypsies, did in Toronto, Canada, last month.

They were two of the celebrities who were featured at the Toronto Ceymphony Mega Star Spring Blast Dinner Dance, held on 28th March, and Concert, the following day, on 29th March.

It was all bouquets for the organisers and they say they owe it to the performers for the success of both events.

“Thanks a million for not only exceeding my expectations but everyone present, as well.

“The feedback has been nothing but complimentary, encouraging to stellar.

“This would not have happened without your motivation and guidance given by each one of you to our young band, powered with your super talents, star power, commitment and performances.

“Thanks a million and see you soon”.

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Retirement age for judges: Innovation and policy

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I. The Constitutional Context

Independence of the judiciary is, without question, an essential element of a functioning democracy. In recognition of this, ample provision is made in the highest law of our country, the Constitution, to engender an environment in which the courts are able to fulfil their public responsibility with total acceptance.

As part of this protective apparatus, judges of the Supreme Court and the Court of Appeal are assured of security of tenure by the provision that “they shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of members of Parliament, (including those not present), has been presented to the President for such removal on the ground of proved misbehaviour or incapacity”[Article 107(2)]. Since this assurance holds good for the entirety of tenure, it follows that the age of retirement should be defined with certainty. This is done by the Constitution itself by the provision that “the age of retirement of judges of the Supreme Court shall be 65 years and of judges of the Court of Appeal shall be 63 years”[Article 107(5)].

II. A Proposal for Reform

This provision has been in force ever since the commencement of the Constitution. Significant public interest, therefore, has been aroused by the lead story in a newspaper, Anidda of 13 March, that the government is proposing to extend the term of office of judges of the Supreme Court and the Court of Appeal by a period of two years.

This proposal, if indeed it reflects the thinking of the government, is deeply disturbing from the standpoint of policy, and gives rise to grave consequences. The courts operating at the apex of the judicial structure are called upon to do justice between citizens and also between the state and members of the public. It is an indispensable principle governing the administration of justice that not the slightest shadow of doubt should arise in the public mind regarding the absolute objectivity and impartiality with which the courts approach this task.

What is proposed, if the newspaper report is authentic, is to confer on judges of two particular courts, the Supreme Court and the Court of Appeal, a substantial benefit or advantage in the form of extension of their years of service. The question is whether the implications of this initiative are healthy for the administration of justice.

III. Governing Considerations of Policy

What is at stake is a principle intuitively identified as a pillar of justice.

Reflecting firm convictions, the legal antecedents reiterate the established position with remarkable emphasis. The classical exposition of the seminal standard is, of course, the pronouncement by Lord Hewart: “It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. (Rex v. Sussex Justices, ex parte McCarthy). The underlying principle is that perception is no less important than reality. The mere appearance of partiality has been held to vitiate proceedings: Dissanayake v. Kaleel. In particular, reasonableness of apprehension in the mind of the parties to litigation is critical: Ranjit Thakur v. Union of India, a reasonable likelihood of bias being necessarily fatal (Manak Lal v. Prem Chaud Singhvi).

The overriding factor is unshaken public confidence in the judiciary: State of West Bengal v. Shivananda Pathak. The decision must be “demonstrably” (Saleem Marsoof J.) fair. The Bar Association of Sri Lanka has rightly declared: “The authority of the judiciary ultimately depends on the trust reposed in it by the people, which is sustained only when justice is administered in a visibly fair manner”.

Credibility is paramount in this regard. “Justice has to be seen to be believed” (J.B. Morton). Legality of the outcome is not decisive; process is of equal consequence. Judicial decisions, then, must withstand public scrutiny, not merely legal technicality: Mark Fernando J. in the Jana Ghosha case. Conceived as continuing vitality of natural justice principles, these are integral to justice itself: Samarawickrema J. in Fernando v. Attorney General. Institutional integrity depends on eliminating even the appearance of partiality (Mandal Vikas Nigam Ltd. v. Girja Shankar Pant), and “open justice is the cornerstone of our judicial system”: (Sahara India Real Estate Corporation Ltd. v. SEBI).

IV. Practical Constraints

Apart from these compelling considerations of policy, there are practical aspects which call for serious consideration. The effect of the proposal is that, among all judges operating at different levels in the judicature of Sri Lanka, judges of the Supreme Court and the Court of Appeal only, to the exclusion of all other judges, are singled out as the beneficiaries of the proposal. An inevitable result is that High Court and District Judges and Magistrates will find their avenues of promotion seriously impeded by the unexpected lengthening of the periods of service of currently serving judges in the two apex courts. Consequently, they will be required to retire at a point of time appreciably earlier than they had anticipated to relinquish judicial office because the prospect of promotion to higher courts, entailing higher age limits for retirement, is precipitately withdrawn. Some degree of demotivation, arising from denial of legitimate expectation, is therefore to be expected.

A possible response to this obvious problem is a decision to make the two-year extension applicable to all judicial officers, rather than confining it to judges of the two highest courts. This would solve the problem of disillusionment at lower levels of the judiciary, but other issues, clearly serious in their impact, will naturally arise.

Public service structures, to be equitable and effective, must be founded on principles of non-discrimination in respect of service conditions and related matters. Arbitrary or invidious treatment is destructive of this purpose. In determining the age of retirement of judges of the Supreme Court and the Court of Appeal, some attention has been properly paid to balance and consistency. The age of retirement of a Supreme Court judge is on par with that applicable to university professors and academic staff in the higher education system. They all retire at 65 years. Members of the public service, generally, retire at 60. Medical specialists retire at 63, with the possibility of extension in special circumstances to 65. The age of retirement for High Court Judges is 61, and for Magistrates and District Judges 60. It may be noted that the policy change in 2022 aimed at specifically addressing the issue of uniformity and compatibility.

If, then, an attempt is made to carve out an ad hoc principle strictly limited to judicial officers, not admitting of a self-evident rationale, the question would inevitably arise whether this is fair by other categories of the public service and whether the latter would not entertain a justifiable sense of grievance.

This is not merely a moral or ethical issue relating to motivation and fulfillment within the public service, but it could potentially give rise to critical legal issues. It is certainly arguable that the proposed course of action represents an infringement of the postulate of equality of treatment, and non-discrimination, enshrined in Article 12(1) of the Constitution.

There would, as well, be the awkward situation that this issue, almost certain to be raised, would then have to be adjudicated upon by the Supreme Court, itself the direct and exclusive beneficiary of the impugned measure.

V. Piecemeal Amendment or an Overall Approach?

If innovation on these lines is contemplated, would it not be desirable to take up the issue as part of the new Constitution, which the government has pledged to formulate and enact, rather than as a piecemeal amendment at this moment to the existing Constitution? After all, Chapter XV, dealing with the Judiciary, contains provisions interlinked with other salient features of the Constitution, and an integrated approach would seem preferable.

VI. Conclusion

In sum, then, it is submitted that the proposed change is injurious to the institutional integrity of the judiciary and to the prestige and stature of judges, and that it should not be implemented without full consideration of all the issues involved.

By Professor G. L. Peiris
D. Phil. (Oxford), Ph. D. (Sri Lanka);
Former Minister of Justice, Constitutional Affairs and National Integration;
Quondam Visiting Fellow of the Universities of Oxford, Cambridge and London;
Former Vice-Chancellor and Emeritus Professor of Law of the University of Colombo.

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Ranked 134th in Happiness: Rethinking Sri Lanka’s development through happiness, youth wellbeing and resilience

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In recent years, Sri Lanka has experienced a succession of overlapping challenges that have tested its resilience. Cyclone Ditwah struck Sri Lanka in November last year, significantly disrupting the normal lives of its citizens. The infrastructure damage is much more serious than the tsunami. According to World Bank reports and preliminary estimates, the losses amounted to approximately US$ 4.1 billion, nearly 4 per cent of the country’s Gross Domestic Product. Before taking a break from that, the emerging crisis in the Middle East has once again raised concerns about potential economic repercussions. In particular, those already affected by disasters such as Cyclone Ditwah risk falling “from the frying pan into the fire,” facing multiple hardships simultaneously. Currently, we see fuel prices rising, four-day workweeks, a higher cost of living, increased pressure on household incomes, and a reduction in the overall standard of living for ordinary citizens. It would certainly affect people’s happiness. As human beings, we naturally aspire to live happy and fulfilling lives. At a time when the world is increasingly talking about happiness and wellbeing, the World Happiness Report provides a useful way of looking at how countries are doing. The World Happiness Report discusses global well-being and offers strategies to improve it. The report is produced annually with contributions from the University of Oxford’s Wellbeing Research Centre, Gallup, the UN Sustainable Development Solutions Network, and other stakeholders. There are many variables taken into consideration for the index, including the core measure (Cantril Ladder) and six explanatory variables (GDP per Capita ,Social Support,Healthy Life Expectancy,Freedom to Make Life Choices,Generosity,Perceptions of Corruption), with a final comparison.

According to the recently published World Happiness Report 2026, Sri Lanka ranks 134th out of 147 nations. As per the report, this is the first time that Sri Lanka has suffered such a decline. Sri Lanka currently trails behind most of its South Asian neighbours in the happiness index. The World Happiness Report 2026 attributes Sri Lanka’s low ranking (134th) to a combination of persistent economic struggles, social challenges, and modern pressures on younger generations. The 2026 report specifically noted that excessive social media use is a growing factor contributing to declining life satisfaction among young people globally, including in Sri Lanka. This calls for greater vigilance and careful reflection. These concerns should be examined alongside key observations, particularly in the context of education reforms in Sri Lanka, which must look beyond their immediate scope and engage more meaningfully with the country’s future.

In recent years, a series of events has triggered political upheaval in countries such as Nepal, characterised by widespread protests, government collapse, and the emergence of interim administration. Most reports and news outlets described this as “Gen Z protests.” First, we need to understand what Generation Z is and its key attributes. Born between 1997 and 2012, Generation Z represents the first truly “digital native” generation—raised not just with the internet, but immersed in it. Their lives revolve around digital ecosystems: TikTok sets cultural trends, Instagram fuels discovery, YouTube delivers learning, and WhatsApp sustains peer communities. This constant, feed-driven engagement shapes not only how they consume content but how they think, act, and spend. Tech-savvy and socially aware, Gen Z holds brands to a higher standard. For them, authenticity, transparency, and accountability—especially on environmental and ethical issues—aren’t marketing tools; they’re baseline expectations. We can also observe instances of them becoming unnecessarily arrogant in making quick decisions and becoming tools of some harmful anti-social ideological groups. However, we must understand that any generation should have proper education about certain aspects of the normal world, such as respecting others, listening to others, and living well. More interestingly, a global survey by the McKinsey Health Institute, covering 42,083 people across 26 countries, finds that Gen Z reports poorer mental health than older cohorts and is more likely to perceive social media as harmful.

Youth health behaviour in Sri Lanka reveals growing concerns in mental health and wellbeing. Around 18% of youth (here, school-going adolescents aged 13-17) experience depression, 22.4% feel lonely, and 11.9% struggle with sleep due to worry, with issues rising alongside digital exposure. Suicide-related risks are significant, with notable proportions reporting thoughts, plans, and attempts, particularly among females. Bullying remains a significant concern, particularly among males, with cyberbullying emerging as a notable issue. At the same time, substance use is increasing, including tobacco, smokeless tobacco, and e-cigarettes. These trends highlight the urgent need for targeted interventions to support youth mental health, resilience, and healthier behavioural outcomes in Sri Lanka. We need to create a forum in Sri Lanka to keep young people informed about this. Sri Lanka can designate a date (like April 25th) as a National Youth Empowerment Day to strengthen youth mental health and suicide prevention efforts. This should be supported by a comprehensive, multi-sectoral strategy aligned with basic global guidelines. Key priorities include school-based emotional learning, counselling services, and mental health training for teachers and parents. Strengthening data systems, reducing access to harmful means, and promoting responsible media reporting are essential. Empowering families and communities through awareness and digital tools will ensure this day becomes a meaningful national call to action.

As discussed earlier, Sri Lanka must carefully understand and respond to the challenges arising from its ongoing changes. Sri Lanka should establish an immediate task force comprising responsible stakeholders to engage in discussions on ongoing concerns. Recognising that it is not a comprehensive solution, the World Happiness Index can nevertheless act as an important indicator in guiding a paradigm shift in how we approach education and economic development. For a country seeking to reposition itself globally, Sri Lanka must adopt stronger, more effective strategies across multiple sectors. Building a resilient and prosperous future requires sound policymaking and clear strategic direction.

(The writer is a Professor in Management Studies at the Open University of Sri Lanka. You can reach Professor Abeysekera via nabey@ou.ac.lk)

by Prof. Nalin Abeysekera

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