Features
Death of Lalith Kotelawala, Karu J’s resignation and winning the Vanni
Lalith Kotelawala
As I write this I get news of the death of Lalith Kotelawala, an outstanding entrepreneur. He was born with a silver spoon in his mouth as he was the only son of Justin Kotelawala, a pioneer Sri Lankan businessman and the younger brother of Sir John Kotelawala. Justin K started a successful insurance company in the face of competition from British insurers who dominated the field before independence. He also set up a finance company which catered to the rising native middle class in addition to owning large swathes of real estate partly acquired by his marriage to an heiress from one of Colombo’s richest families.
Gamani Corea was his nephew being his aunt’s only son. However with the change of regime in 1956 Lalith K, Justin’s son, lost most of his fortune due to the take over of the family insurance company and other assets. He had to start from scratch and build up his own companies including a Bank – the Seylan Bank and a finance company-Golden Key – both of which became very successful. His diversified group named Ceylinco entered into tourism, gem and jewellery, health and many other fields which had not been exploited by Sinhala businessmen.
His great success and penchant for publicity brought challenges to the Kotelawala business house for the second time. Lalith’s publicly declared appetite for political leadership either as President or Minister of Finance in a UNP regime brought on him the wrath initially of Nivard Cabraal and later the Rajapaksas who were in no mood to brook such a rich and powerful rival who had impeccable UNP credentials.
I had no qualms about supporting him as Investment Minister especially when he wished to set up a five star hotel in the “golden mile” of hotels on Galle road. He had successfully negotiated with the Hyattt group to partner him in this enterprise. Since his businesses were cash rich at this stage he saw no difficulty in financing this mega venture. He invited me and a few others to inaugurate this venture by participating in the groundbreaking ceremony. The building was just intruding onto the Colombo skyline when calamity hit him.
When the real economy contracts and legitimate business returns decline, small time savers are badly affected and they tend to go to get rich schemes and risky financial institutions which give them a bigger return. Lalith’s Finance company “Golden Key” provided such a refuge with high interest payments and a trustworthy name (Kotelawala) to guarantee the safety of their investments. Another problematic factor was that many politicians of the MR government saw in Lalith’s company a safe haven for their ill gotten gains away from the prying eyes of the tax authorities.
It must be said that he too was complicit in that he would have pandered to those crooks happy in the knowledge that big money was flowing into his coffers which would help to sustain his ever increasing promises of interest payments which were way higher than what was offered by the regular banking system. It soon became a Ponzi scheme. No wonder then that the Governor of the Central Bank was apprehensive of these developments. His objections were summarily dismissed by Lalith leading to a verbal battle between him and Cabraal. That undid him in the end. MR preferred to stand by Cabraal.
Lalith’s bravado irked many powerful politicians who were afraid he would take to “the family business” of politics like his uncle Sir John. MR who first befriended him, abandoned him when the Central Bank warned him of a possible financial catastrophe. This became a reality when a senior politician who had amassed a large sum of ill gotten money and deposited it with “Golden Key” was assassinated by the LTTE. Soon after that tragedy his relatives pulled out their money sending the finance company into a liquidity crisis.
The manager of the company whom Lalith trusted had released the money without informing him. There was a run on the company as soon as news of a large scale withdrawal became public. On previous such occasions the Central Bank would intervene to prevent a collapse. But in this case they did not and Golden Key had to be liquidated leaving tens of thousands of small depositors penniless. It was a mega scandal and with his wife embroiled in a money laundering charge Lalith fell from grace.
He was remanded in Welikada prison with his health ruined and his reputation in tatters. Later I visited him several times in his home to find that he was a broken man. With his premature death a pioneer mega local investor was lost and the local investment scenario received a heavy blow.
Karu resigns
At about this time a dispute flared up between the President and Karu Jayasuriya. Numerous complaints were directed to MR that Karu as Minister of Public Administration was favouring UNP official, particularly Grama Sevakas, who were appointees of the UNP from the time of JRJ and Premadasa. If there was one thing MR was sensitive about it was the need to keep his backbenchers happy. On the other hand, Ranil succeeded in luring Karu back with the promise of making him the Deputy leader of the UNP.
Karu who was a great believer in Sai Baba and other assorted soothsayers, realized that he could not make much headway in the PA which was already full of ambitious and unscrupulous politicians. Karu’s departure led to a mini reshuffle and I was sent back to the Ministry of Public Administration while my friend, Anura Yapa, became the new Minister of Investment Promotion.
Back in my old Ministry I found that the northern war was intensifying with our armed forces regaining the initiative for the first time. This was largely due to the efforts of Gotabaya and Sarath Fonseka who at that time had the confidence of the President. MR used all his famous PR skills to ensure that he got the adulation of the public for the advances of the army. He visited the newly liberated areas and encouraged the soldiers for which he deserved the highest praise as none of his predecessors had visited the battle front.
Says Chandraprema, “The President visited Vakarai on February 3, 2007 soon after the area had been cleared. This ready willingness to visit the war zone despite the risk of attacks from infiltration teams was what gave the armed forces the feeling that this was a President to whom the war was a national priority and not just a regrettable necessity”. He posed for a photo op with the Special Forces that liberated Vakarai and visited a Kovil. The Hindu priest who garlanded him was shot dead a few days later by the LTTE showing that MR had bravely taken a mighty risk.
The rolling successes of the army meant that my Ministry had to bend its energies to maintain civil administrations in the North and East. It became challenging because the LTTE were forcing the inhabitants in the contested northern areas to follow them while retreating in the Vanni leaving “ghost towns” behind. The LTTE had even carried away furniture and roofing from homes in order to create a mobile “human shield” to save themselves from attacks by the armed forces. They also used civilians to dig large trenches along the way to impede the advance of heavy weapons and transports of the army moving into the LTTE held areas.
I was in touch with my Government Agents who had a difficult time often caught in the crossfire between the army and the LTTE. The I TTE brutalized the public servants. For instance the AGA of Tirukkovil in the east was murdered by the LTTE because he did not help the insurgents. But once the army secured strategic points like Kilinochchi and Vauniya the local administration was able to function effectively again. The Tamil parties raised issues in Parliament, probably on the instigation of the LTTE, and I had to answer them in the House after consulting my GAs and Defence Secretary Gotabaya Rajapaksa.
Gota was always courteous and keen to brief us about the latest developments in the theatre of battle. We had to keep in mind that the LTTE was keen to recruit public servants to their cause. When a joint committee was to be setup after the signing of the Indo-Lanka agreement, the LTTE insisted on appointing an AGA of ‘Trincomalee – Pathmanathan, who was a hall mate of mine at Peradeniya, as their nominee and Chairman of the committee. Since we refused to recognize a public servant as a nominee of the LTTE this project was abandoned despite the best efforts of the Indian High Commission.
Winning in the Vanni
After the clearing of the east and establishing the local administration there, the army launched a pincer attack on the extensive LTTE held territory in the Vanni. One army group extended the defence line from the west of Vavuniya towards Mannar bringing that area under government control. The army initially faced stiff resistance from LTTE fighters. The traditional army approach of moving in large formations on a broad front which was the “Sandhurst trained” army leaders strategy was not working since the LTTE could break through the thinly manned army lines.
Chandraprema describes well the change of tactics under SF and GR which brought success to the army; “The army had learnt the hard way during the ‘decade of darkness’ in the 1990s that moving in large formations presents an easy target for LTTE artillery. After assessing where they went wrong in the past operations, the army stopped operating in traditional formations like platoons, companies and battalions and split up instead into small groups, the eight-man team being the norm. After the monsoon ‘stand still’ the army resumed its advance along the hinterland of western Vanni. Another task force operated along the coastal belt and captured the strategic town of Silavaturai which had earlier been a major camp of the army to prevent smuggling and illicit immigration, being the closest to the Port of Colombo.”
However the next objective of capturing LTTE bases Adampan and Anandakulam in the “rice bowl” was an arduous undertaking. To break the impasse the army followed the tactic of opening up many fronts to break up the LTTE forces which earlier had the opportunity of deploying in strength on a few strategic points. After heavy fighting, Adampan was captured in May 2008. By the end of November 2008 the vital point of Pooneryn was captured and the threat to the Jaffna encampment from LTTE long range artillery was eliminated thereby releasing the troops in Jaffna fort for the Mullaitivu offensive.
On January 2, 2009 the symbolically crucial town of Kilinochchi was captured and the fighting moved to Muhamalai which was considered a “jinx” for the army which had in the past failed to go beyond it. This time around the army adopted a strategy of attrition wearing down the LTTE formations through RPG attacks and close range encounters. Another set of troops came down from Jaffna and breached the LTTEs second line of defence of Muhamalai. By the first week of January 2009 Muhamali was in army hands and troops could move down to Elephant Pass via Palai where the LTTEs resistance was overcome. The LTTE cadres then retreated towards the jungles of Mullaitivu where the final battles were destined to take place.
Diplomatic games
Once the LTTE together with their hostage Tamil civilians, were driven into an increasingly small quadrant in Mullaitivu, they launched a publicity and diplomatic campaign to stop hostilities and rescue the remaining leaders and their families including Prabhakaran and his wife and children. It was a multipronged effort which included mobilizing the UN, the diaspora and NGOs, the UK and USA and especially India. It was a formidable combination and it stands to the credit of MR and GR that they dlid not succumb to their threats as well as blandishments.
In many ways it was MR’s finest hour. Each of these interlocutors were fully engaged and it was made clear that no compromise was possible. Credit must be given also to the Foreign Minister Rohitha Bogollagama who resisted the advice of his officials and fully backed MR in his approach to the interlocutors. The biggest pressure came from India. Fortunately the Indian High Commissioner in Colombo Alok Prasad stood by the Sri Lankan government and the “Troika” of three representatives of each side which met regularly kept each other informed of the ground situation.
The Secretary-General of the UN sent his special envoy Satish Nambiar to broker a ceasefire. MR and GR stood firm against it and dismissed the possibility of sending a UN fact finding mission to Mullaitivu. The NGOs were represented by a high level delegation led by Bernard Kouchner of France and David Milliband of the UK. Fortunately MR was able to call their bluff by taking a tough stand that their advice was not warranted by the facts on the ground.
An interesting side line was MR’s decision not to dignify their visit. He moved to Chandrikawewa which was close to his ancestral home in Medamulana. In this he was influenced by his experiences with Gaddafi in Libya. When he visited Libya, Gaddafi, a Bedouin, had pitched camp in the desert and MR was received in that encampment. He emulated Gaddafi and the visiting firemen from Europe had to be driven, sweating profusely in their western clothes to the humid dry zone hotel veranda for their audience with MR.
It was not a lesson that they would easily forget. By a coincidence both these selfish do gooders were not able to achieve their ambitions of high office in their countries and faded ultimately from public view. All these interlocutors were under the impression that the civilians trapped in the quadrant were attacked by our army. Actually the reverse was the case. The army literally held their fire and when the civilians began to cross the lagoon they were welcomed and even fed on army rations which were meant for the soldiers.
It was the LTTE that tried to prevent the civilians from leaving them as their human shield was being eroded. Fortunately Indian officials who monitored the evacuation saw this and stood by us even though Tamilnadu which was facing an election, as expected, used the Sri Lanka situation as a popular rallying cry. To help in this dire situation we agreed to issue a statement that heavy artillery would not be used to fire on the shrinking LTTE quadrant. These were astute and professionally sound Foreign Ministry moves for which MR, GR and Bogollagama should be given the credit.
There is another “inside story” which attests to MR’s luck during this period. When the post of Sec. Gen. of the UN fell vacant with the retirement of Kofi Annan, Jayantha Dhanapala was a candidate to succeed him. He had the backing of the west because he had handled discussions on the non -proliferation of strategic weapons to their satisfaction. US President Bill Clinton supported him. “This pro west tilt alarmed the Non Aligned countries and India promoted Sashi Tharoor as a rival candidate. Jayantha’s candidature was dead in the water as MR had been persuaded by local businessmen to throw our country’s support behind Ban Ki Moon who eventually got the job. It was no secret that the South Koreans threw a lot of money around to get this job for their countryman since they had been poorly received in the UN system.
MRs decision turned out to be a lucky one as Ban Ki Moon adopted a soft line with our government. After he and MR issued a joint statement the UN did not bully the Sri Lankan government. All in all this episode was handled astutely and the war was concluded on our terms. Prabhakaran and nearly all of the top leadership were killed together with large numbers of their terrorist fighters. It was the only instance at that time in the whole world where terrorism was comprehensively defeated.
Speaking at a meeting to felicitate GR at that time I drew attention to the need to tell the world about the humane way in which the civilians who crossed the lagoon were treated. The Sunday Observer of May 27, 2012 reported the following: “Senior Minister of International Monetary Cooperation said Sri Lanka’s humanitarian mission of rescuing over 150,000 Tamil civilians from the clutches of the LTTE’ was the greatest humanitarian operation in modern times. He said, “our heroic forces crossed the lagoon at Pudumathalan and went through difficult terrain to cross the earth bund built by the LTTE. Then they facilitated the crossover of 150,000 civilians to the government controlled area. It was a heroic effort and one of t he greatest of humanitarian operations”.
He said that our case has not been properly presented to the global community. “We are only talking about what happened at the Nandikadal lagoon. Nobody talks about what happened at the lagoon in Pudumathalan”.
(This book is available at the Vijitha Yapa Bookshop)
(Excerpted from vol. 3 of the Sarath Amunugama autobiography)
Features
Civilizational dialogue proving a remote possibility as realpolitik rages
Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.
This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.
From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.
It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.
That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.
If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.
Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.
However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.
Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.
The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.
Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’
The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.
In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.
Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.
Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.
Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.
Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.
International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.
Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.
Features
Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment
by Shelton Dharmaratne
Sri Lanka has reached an important constitutional moment.
The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.
That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.
The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.
The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.
A narrower constitutional question than the political debate suggests
The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.
Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.
Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.
Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.
Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.
Those are legitimate policy considerations.
But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.
The real question is institutional
The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.
That is an institutional question, not an accusation against individual judges.
A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.
This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.
The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.
Legitimate objectives do not settle constitutional questions
The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.
Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.
A government is therefore entitled to propose reforms designed to improve judicial efficiency.
But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.
That is precisely why constitutional scrutiny matters.
The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.
The appropriate questions are straightforward:
Does extending judicial tenure strengthen the administration of justice?
What risks, if any, could it create for judicial independence?
Are adequate institutional safeguards in place?
Does the proposal operate prospectively, or does it affect judges already serving?
Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?
These questions can be examined rationally without attributing improper motives to either side.
Judicial vacancies and institutional confidence
Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.
Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.
Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.
The government has an opportunity to address these concerns constructively.
Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.
Seniority, merit and transparent criteria
The controversy also exposes a longstanding question concerning judicial appointments.
Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.
If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.
Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.
Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.
Institutional rules are stronger safeguards than assurances of good intentions.
The State is larger than any government
One principle deserves particular emphasis: a government is not the State.
Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.
The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.
For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.
The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.
That is not political weakness. It is constitutional maturity.
Public confidence is a constitutional asset
The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.
Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.
Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.
Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.
A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.
The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.
If a referendum arises …
If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.
The electorate should be given a clear constitutional question and sufficient information to assess it.
Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.
A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.
The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.
Beyond who wins
The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.
Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.
Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.
If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.
Neither side strengthens the country by assuming that the other is acting in bad faith.
The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.
Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.
Sri Lanka should instead seek a broader consensus around a fundamental proposition:
Judicial reform and judicial independence are not competing objectives.
The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.
That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.
The present controversy will eventually pass. Political arguments surrounding it will fade.
But constitutional arrangements can endure for decades.
That is why Sri Lanka must look beyond the immediate political contest.
The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.
Features
Farewell to a Fashion Icon
Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.
Her sudden demise has certainly come as a shock to many.
Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).
Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.
In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.
She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”
Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.
She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.
For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers
She trained hundreds of models for runway, photoshoots, auditions, and international pageants.
She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.
Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)
Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.
Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:
“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.
“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.
“Thank you once again.”
In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.
May she rest in peace. Our deepest condolences to her family, students, and all who loved her.
-
News6 days agoEight politicians in drug kingpin probe
-
Features4 days ago“Wrap Me Up in My Blazer”— A Gentlemanly Bradby Reminiscence
-
Business6 days agoSri Lanka opens up: A new season of direct connectivity
-
Features3 days agoWhen Sri Lankan stories find their own voice
-
Latest News7 days agoNepal-Tibet floods: What happened, what caused them and who is missing?
-
Features6 days agoRedefining ageing in Sri Lanka
-
Editorial6 days agoThe toxic legacy of two lakes
-
Business6 days agoJaffna Teaching Hospital secures lifeline water supply via ADB-funded Thalaiyadi sea water desalination plant
