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Deepening Democracy – Constitutions and Constitutionalism

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Image courtesy The International Institute for Democracy and Electoral Assistance

It is always a joy to arrive in Sri Lanka and I thank President Rajeev Amarasuriya for his kind invitation. There is something in the air of this beautiful island that drains the stress of big city living. I feel lighter and happier whenever I arrive, and last night was no different.

I thank you for the kind words of introduction.

In November 2018, I found myself in the book-lined study of the Indian jurist and friend of Sri Lanka, the redoubtable Fali S. Nariman.

Why was I there? A group of Sri Lankan lawyers working under the banner ‘Lawyers for Democracy’ and led by Upul Jayasuriya, PC had reached out to me to help secure an opinion from Mr. Nariman.

President, Maithripala Sirisena had dismissed Prime Minister Ranil Wickremesinghe. The President proceeded to dissolve Parliament and call for elections. The question was: were these actions constitutional?

Nariman opined that the Presidential proclamation dissolving Parliament was ultra vires the 1978 Sri Lankan Constitution. Reading several provisions of the Constitution harmoniously, Nariman concluded that the proviso under Article 70(1) must be read as a fetter on the power of the President to dissolve Parliament until 4 ½ years after the first meeting / sitting of Parliament. Of course, as you know, the fetter would not apply where Parliament itself had requested early dissolution by a resolution passed by not less than 2/3rds of the whole number of members voting in favour of the resolution.

I open with this episode because, here and now, we are again in the midst of a constitutional moment. Yet again, there is a legitimate concern of lawyers and the informed citizenry in Sri Lanka, on whether the Constitution and constitutionalism are being bypassed. It is again time for the legal community in the Asia Pacific and our neighbourhood to step forward and share suggestions based on our own lived experiences and learnings.

Twenty-four years after the Indian Constitution was born in 1950, the leading Indian jurist, Nani Palkhivala, published a slim volume titled “Our Constitution Defaced and Defiled“. The book drew on the 6th John F. Kennedy Memorial Lecture delivered by the author in what was then Bombay. As the title of the book suggests, there is an undercurrent of lament that runs just below the surface of Palkhivala’s lucid prose.

Why the tinge of sadness?

Published in 1974 (four years before your Constitution), Indians had worked their Constitution for 24 years. In less than a quarter century, the Indian Constitution had been amended 25 times. Palkhivala felt that successive amendments had diluted many of the high values, central to the original compact between the citizens of free India and the State they formed. He was particularly distressed at the erosion of property rights and efforts by the State to constrict and confine the role of our Constitutional courts.

Nani Palkhivala is justifiably referred to as the man who saved the Indian Constitution.

Many of you know about Stephen Pleasonton, the US State Department clerk, who in August 1814 hurriedly stuffed the original Declaration of Independence and the US Constitution in coarse linen bags and carried them away from Washington DC hours before British Troops burned the city.

Palkhivala’s role, did not involve linen bags and the timely escape from gutted government buildings. Nevertheless, it was no less heroic.

In a case titled Keshavanand Bharati that spanned several weeks of hearing, Palkhivala persuaded the Indian Supreme Court to adopt the theory of basic structure. This singular contribution to global jurisprudence by the Indian Supreme Court ensures that core traits of the Constitution cannot be abrogated even through constitutional amendments.

While the basic structure doctrine sits well in jurisdictions that allow judicial review of statutes, it has a resonance in other systems as well. The doctrine fosters respect for core constitutional values and a culture of constitutionalism.

The pre-eminent value of constitutionalism is the people’s faith and belief in the supremacy of the Constitution. This is the cardinal value. As we work towards deepening democracy, we have to abide by basic tenets, continuously, without which we will miss our freedoms and the protected spaces that enable us to flourish as open societies.

Historically, the 1978 Sri Lankan Constitution as amended by the 19th Constitutional amendment in 2015 had Article 33(1)(a). This article as it then stood imposed a duty on the President to ensure that the Constitution ‘is respected and upheld by all organs of Government’. These were important words because they unequivocally required the highest constitutional functionary to promote constitutionalism.

In refashioning Article 33(1)(a), the 20th Constitutional Amendment appears to have dropped these weighty words. Indeed, for an overseas observer relying on an assortment of websites to access the definitive constitutional provisions as on date, I noticed a game of constitutional ping-pong, with provisions dropped and restored.

Since the text of the Constitution is extremely important, the fundamental duties, specifically Article 28(a) requires for every person of Sri Lanka to uphold and defend constitution and the law. The choice of words, ‘every person in Sri Lanka’ was interesting for its contrast to a corresponding Article 51A of the Indian Constitution. The Indian Constitution imposes the duty on ‘every citizen’ to ‘respect the Constitution’.

As a visitor to Sri Lanka and a citizen of India, I am currently under a moral and civic obligation to defend two constitutions, a responsibility I happily assume. I do so since constitutionalism is our best bet to navigate the turbulence of a complex world and transit to a fulfilling future.

Constitutionalism has both positive and negative attributes. It has a close cousin in constitutional morality. Indeed, both these expressions are elastic, and at their core are but pathways to securing dignity for individuals and betterment for the community in a just and fair manner.

The political scientist and constitutional commentator Pratap Bhanu Mehta identifies a cluster of characteristics linked to constitutionalism and constitutional morality. He writes:

“I [have] suggested that constitutional morality refers, instead, to the formal virtues of a constitutional sensibility: (1) Self-restraint, (2) respect for plurality, (3) deference to processes, (4) scepticism towards authoritative claims of popular sovereignty, and (5) a commitment to an open culture of criticism that lies at the heart of constitutionalism.”

Dr. B.R. Ambedkar who chaired the drafting committee of the Indian Constitution and was its principal architect, referred to the historian George Grote (pronounced Groht) when addressing the Constituent Assembly. Grote who had studied Athenian democracy emphasised ‘the diffusion of Constitutional morality’ not merely amongst the majority but throughout the whole community. This was an indispensable condition of government at once free and peaceable.

The Indian Supreme Court speaking through Chief Justice Deepak Misra in the celebrated Navtej Singh Johar case (which decriminalised same sex relationships) has an eloquent perspective on constitutionalism.

If I may be permitted a lengthy quote.

“122. The principle of transformative constitutionalism also places upon the judicial arm of the State a duty to ensure and uphold the supremacy of the Constitution, while at the same time ensuring that a sense of transformation is ushered constantly and endlessly in the society by interpreting and enforcing the Constitution as well as other provisions of law in consonance with the avowed object. The idea is to steer the country and its institutions in a democratic egalitarian direction where there is increased protection of fundamental rights and other freedoms. However, it is only when we adhere to constitutionalism as the supreme creed and faith and develop a constitutional culture to protect the fundamental rights of an individual that we can preserve and strengthen the values of our compassionate Constitution.

128. It is the concept of constitutional morality which strives and urges the organs of the State to maintain such a heterogeneous fibre in the society, not just in the limited sense, but also in multifarious ways. It is the responsibility of all the three organs of the State to curb any propensity or proclivity of popular sentiment or majoritarianism. Any attempt to push and shove a homogeneous, uniform, consistent and a standardised philosophy throughout the society would violate the principle of constitutional morality. Devotion and fidelity to constitutional morality must not be equated with the popular sentiment prevalent at a particular point of time.”

The Nobel Laureate Amartya Sen in his study The Idea of Justice (2009) explains what Constitutionalism is not. As many of you might know, Matsya in Sanskrit is a fish and Nyaya is justice. Sen writes:

“Early Indian legal theorists talked disparagingly of what they called Matsyanyaya, ‘justice in the world of fish’, where a big fish can freely devour a small fish. We are warned that avoiding Matsyanyaya must be an essential part of justice, and it is crucial to make sure that the ‘justice of fish’ is not allowed to invade the world of human beings.” – (page 44, The Idea of Justice)

This brings me to the role of Bar Associations. They have a vital societal obligation in educating the community and advancing constitutionalism.

In South Korea, a constitutional crisis erupted in December 2024 when President Yoon Suk Yeol declared martial law and attempted to dissolve the National Assembly, a move that struck at the heart of the country’s democratic framework. In the face of this extraordinary challenge, the Korean Bar Association (KBA) acted swiftly and unequivocally, issuing a public statement condemning the President’s actions as both unconstitutional and a grave assault on the rule of law. The declaration of martial law triggered a massive wave of civil protest. International organisations such as LAWASIA also joined in expressing deep concern, underscoring the broader regional and international consensus on the need to uphold constitutional processes and protect human rights. Facing immense domestic and international pressure, President Yoon rescinded the order within hours. Ultimately, South Korea’s Constitutional Court confirmed the dismissal of President Yoon Suk Yeol, upholding his impeachment and marking a decisive affirmation of constitutional supremacy over authoritarian overreach.

President Yoon Suk Yeol is currently serving a 7-year prison sentence, which was upheld by the Supreme Court of South Korea a few days ago.

Allow me a word of praise for the Bar Association of Sri Lanka. The leadership demonstrated by President Rajeev Amarasuriya builds on the work of so many distinguished past presidents including my dear friend Upul Jayasuriya. BASL has risen above politics, to project a stand founded on principles and values. My great regard for President Amarasuriya has soared as he navigates through the constitutional equivalent of the Straits of Hormuz.

The position taken by BASL as recorded in its communication of 25th May 2026 to His Excellency, President Anura Kumara Dissanayake is unexceptionable. Marshalling facts regarding the increase in the cadre of judges in the Court of Appeal and that of the Supreme Court, BASL noted that there was no workload justification for extending the retirement age of the sitting judges of these courts.

Constitutions are not to be amended merely because the government of the day commands the requisite numbers. The perception that the real reason for extending the retirement age is distant from working norms and efficiency, is apt to erode public trust and confidence.

Public trust is earned and built over decades through the work of individual judges and the collective output of the judiciary. An independent Bar that maintains an open channel of communication with the public is a vital safeguard against assaults on an independent judiciary. An independent Bar has a keen sense of potential dangers that loom. The Sri Lankan public deserves outstanding judges known for their independence and impartiality. Today, BASL is justifiably concerned about tinkering with the retirement age, absent any immediate justification.

I join my distinguished international colleagues, Mr. Steven Thiru, President of the Commonwealth Lawyers’ Association and Mr. T L Yap, President of LAWASIA in both commending the Bar Association of Sri Lanka for its courageous and principled stand and call on the authorities to pay heed to the BASL.

In the Indian experience, invoking the basic structure doctrine, the Supreme Court has consistently struck down amendments to the Constitution that impacted the independence of the judiciary. In the absence of constitutionally mandated judicial review, Sri Lankan society is best served by an open and transparent consultative process before any ad hoc piecemeal amendments are pushed through.

Recall the title of Nani Palkhivala’s book I mentioned: “Our Constitution Defaced and Defiled“. Surely, the people of Sri Lanka deserve better than a piecemeal and ad hoc amendment that defiles the constitutional scheme and possibly impairs the independence of the judiciary.

President Amarasuriya correctly mentioned that the Bar Association of Sri Lanka is guided by principle and conscience, not the political winds of the day. May I suggest a third factor which I will call the “Smell Test”. The Bar Association, comprising so many experienced and venerable practitioners has a keen and well-developed instinct refined over decades. When something “smells wrong” as it does at this constitutional moment, citizens have a reliable guide in BASL. The Bar Association knows something is amiss – something that compromises the independence of the judiciary and the rule of law. The move to amend the Constitution by extending the retirement age of superior court judges fails the Smell Test.

With the help of the Bar Association of Sri Lanka and with the help of its independent judiciary, a culture of constitutionalism is taking hold. Its roots are sinking deep.

The poet, Yasmine Gooneratne has a memorable set of lines:

There was a country where fine poems lay

close to the surface.

Under every hedge

each passing shower would bare a glittering edge.

I am confident that here in Sri Lanka every passing shower of constitutional challenge will reveal the glittering edge of constitutional values and fidelity to the rule of law. (Concluded)

Address to the Bar Association of Sri Lanka on 11 July 2026
by SHYAM DIVAN
Senior Advocate, Supreme Court of India



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Features

Day of Judgements and Political Fallouts

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Supreme Court

Rajan Philips

The second anniversary of Anura Kumara Dissanayake’s election as President has come and gone, but not before getting marked by a spate of judgements delivered and announced on a single day following the anniversary. Far away in New York, it has been a week of speeches by state and government leaders making their pilgrimage to the 81st Annual Sessions of the United Nations that is entering its ninth decade. President AKD did not make the trip this year to the UN Sessions, which are now reduced to being a convenient meeting place for world leaders to hold sideline meetings on bilateral as well as other contentious matters.

Sri Lanka is not in the crosshairs of any such contentions, but there are enough internal crosshairs that the NPP government and a feckless opposition are constantly trying to avoid. The day of judgements too has come and gone. All in all, it was a good day for the NPP government, at least in the sense that the government suffered no reputational damage from any of the three judgements. There were two Supreme Court rulings, one on the bill for the 22nd Amendment to the Constitution and another on the constitutionality of the Anti-Corruption Amendment Bill. The third court ruling was the verdict given by the Colombo Permanent High Court following the Trial-at-Bar of 24 people accused for their role in the 2019 Easter attacks.

Easter Justice

The three trial-at-bar judges, Navaratne Marasinghe, Ramanathan Kannan and Sujeewa Nissanka, reached a unanimous verdict and found 15 of the accused guilty and found the other nine not guilty and released them forthwith. The accused were spared of the death sentence, but the lengths of rigorous imprisonment sentences are just as bad. One was sentenced to 260 years, four got 240 years each, five 220 years, and another five 200 years. In addition, the court ordered the instant confiscation of the movable and immovable assets of all 15 found guilty.

The verdict marks a substantial milestone in the search for justice on behalf of the victims of the Easter attacks. The government can claim some political credit for the conclusion of the trial after seven years of fits and starts, and high level stymying under three presidents who preceded President AKD. Much greater credit of course belongs to the hundreds of law enforcement officials who built up a mammoth case of 23,270 charges against 25 suspects (one of whom died in hospital during the trial) and won convictions of 15 of them.

But this is not the end of the journey for those seeking Easter justice based on the whole truth. There are other trials going on and the elusive mastermind is yet to be found. Mohammed Ibrahim Mohammed Nawfar (alias Naufar Moulavi) is one of the 15 convicted by the Permanent High Court. Naufar Moulavi was identified in May 2021 as the mastermind by the Gotabaya Rajapaksa government. The government claimed that FBI investigation had confirmed it. This claim is not supported by the FBI affidavit filed by agent Merrilee R. Goodwin in a US Court in California, in December 2020.

The purpose of the FBI affidavit was to support the indictment of Mohammed (Moulavi) Naufar, Mohamed Anwar Mohamed Riskan and Ahamed Milhan Hayathu Mohamed “for conspiring to provide, providing, and attempting to provide material support to a foreign terrorist organization, namely ISIS” (Islamic State of Iraq and al-Sham), in violation of US laws. But neither Naufar nor the other two were identified as masterminds. The only mastermind identified in the affidavit is “Jahran Mohamed Cassim, also known as (“aka”) Mohamad Cassim Mohamad Zahran, aka Zahran Hashim (“Zahran”). Zahran killed himself in the suicide bomb he detonated, along with scores of victims, and spared himself from earthly trials.

To close the loop on this, the three men identified in the FBI affidavit, namely, Moulavi Naufar, Mohamed Riskan and Ahamed Milhan, are among the 15 convicted by the trial-at-bar High Court. But their conviction does not bring closure to the enduring question whether there was a political mastermind(s) behind the 2019 Easter attacks. There is still no clarity on what the former Attorney General Dappula De Livera publicly alluded to as evidence of “a grand conspiracy behind the attacks that killed 269 people and injured over 500.”

That was on 18 May 2021, and the statement was a follow up to the letter that Mr. De Livera had written on the state of the police investigations, to then Inspector General of Police (IGP), the late C. D. Wickramaratne. Mr. De Livera soon went on to retire after a remarkable prosecutorial career, and reportedly turned down the government’s offer of appointment as High Commissioner to Canada. Mr. Wickramaratne himself has since died under rather tragic circumstances.

Those who allege that the Catholic Church is making unproven allegations about Easter attacks masterminds, conveniently gloss over the fact that the Church is not accusing anybody of being a mastermind, but is only asking for a thorough inquiry that will put to rest, once and for all, the perennial question about the Easter mastermind. The difference now is that after suffering frustrations with three presidents and their governments, the Church is experiencing a positive response from the current president and his NPP government.

Amendment Politics

Aside from the lawfare politics of the Easter attacks, the politics of the 22nd Amendment to the Constitution is running its course after the Supreme Court ruling that a referendum is not required for the amending bill to become law, but only a two-thirds majority in parliament. The ruling was widely expected but not because of some ‘fix’, but because it would have been silly to find a judicial reason to have a referendum on the retirement ages of judges. This is not to absolve the government for its missteps on this matter and for putting everyone through months of constitutional contortions. Rather it is to highlight the absurdity of getting exercised virtually over every constitutional amendment and insisting that enacting the amendment without a referendum is tantamount to an assault on democracy. The referendum requirement has become a constitutional curse.

The 1972 Constitution of the First Republic had a very straightforward amending procedure with no referendum requirement, so straightforward that JR Jayewardene was able to throw out a whole (1972) constitution lock, stock and barrel, and replace it with his new constitution of a totally different (presidential) persuasion, simply through a parliamentary select committee process and a two thirds majority in parliament. No one called for a referendum to justify so momentous a change, but now a referendum is required to determine at what age a superior court judge can retire. Nonetheless, as President Jayewardene’s admirers and followers celebrate his 120th birth anniversary, there is no gainsaying that regardless of whether one agrees or disagrees with his presidential achievements and legacies, JR Jayewardene was without question the most consequential political leader of Sri Lanka in the 20th century.

In the 21st century and on the 22nd amendment, with no referendum required, the Bar Association is changing tack and calling on parliamentarians to vote with their conscience, without toeing the party line. After Friday’s vote, it may want to poll the MPs to find out who among them voted listened to their conscience, and who toed the party line. The Association may be having a difficult time going through the withdrawal syndrome after months of heightened exertions. As for the opposition and Sajith Premadasa, the latter has simply promised that a future SJB government will repeal the 22nd Amendment. To what end? To reenact another episode of confusion and distraction.

An Economynext commentator has described the Supreme Court ruling on the referendum requirement for 22A, as being “surgical in its constitutional analysis.” Well said. The ruling plausibly addresses every good and bad argument that was flung at the judges and demonstrates, citing copious precedents, that at the end of the day, no matter who the individual judges and their abilities are, and what anyone thinks of them, the ‘Court’ can find its collective voice and express itself with clarity and authority.

The same Economynext commentary interprets the 22nd Amendment as “a foundational prerequisite for operationalizing the newly enacted, stringent Anti-Corruption Act, which is a key commitment of the government era for the IMF.” The commentary suggests that “multiple clauses in the 22nd Amendment are designed to satisfy governance and anti-corruption structural benchmarks within the ongoing IMF Extended Fund Facility (EFF) agreement.” While noting the risk of scaring investors who might view 22A as being anti-democratic and antithetical to judicial independence, the commentary goes on to opine that the passage of 22A combined with a strong and systematic anti-corruption drive could be a boost to investor confidence, especially in the critical sectors of logistics, renewable energy and technology.

The above is an interesting interpretation even though I am not sure whether anyone associated with the government has formulated the intentions of the 22nd Amendment quite this way. Objectively, the argument is plausible and will justifiably rile the ire of the left opposition to the NPP government and its inclination towards the IMF. At the same time, there is no mistaking the government’s intention and determination to fight corruption in politics and public life. Apart from, or rather as part of, its arresting politics, the government is also going ahead with the passage of the Anti-Corruption (Amendment) Bill, which too has had its determination by the Supreme Court, albeit by a different three-judge Bench, almost concurrently with the 22A ruling by the five-judge Bench. The Supreme Court’s determination on the Anti-Corruption Bill was triggered after it was challenged by Transparency International Sri Lanka.

But unlike the SC ruling on 22A, the ruling on the Anti-Corruption Bill singles out a provision as requiring approval in a referendum for its enactment. The provision involves Clause 17 of the Bill which elevates the bail granting threshold for determination by a High Court and not a Magistrates Court as currently practised. The subject offence involves a bribe not less than Rs. 100,000, or causing a government loss of not less than Rs. 500,000. The Court held that such a change infringes the fundamental rights of citizens against arbitrary detention and will require a referendum approval. The Bill of course could be passed without a referendum after removing the specific provision. Remarkably, the government argued that the proposed amendments to the Anti-Corruption Act are necessary to remove current bottlenecks, achieve conformance with UN standards, and comply with the IMF program in Sri Lanka.

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Father’s horoscope reading on the worst time in my life seemed coming true

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Vidyodaya University

Little breathing space between papers at the final exam and my mind goes blank answering Sinhala paper

(Excerpted from The Art of Governance, autobiography of MDD Pieris)

Then came the final blow. When the time table for the final examination was out, I discovered that I would have to answer all my nine papers, of three hours each at one continuous stretch without even a half days break! I was due to answer the European history paper one afternoon; then go on next morning to British history; afternoon to Ceylon history; the next morning to English Poetry; afternoon to English drama; the following morning to English prose; and that same afternoon to suddenly switch from thinking and writing in English to thinking and writing in Sinhala, answering the first of the three papers in Sinhala, with the other two coming morning and afternoon the following day! Several of my friends urged me to go and speak to the university administration about a change, but at the same time, others who had had difficulties and sought recourse reported that they were rather rudely treated by the officers concerned.

This deterred me from going. I was a polite person by nature and just as in the case of Mr. Athulathmudali about whose insistence on politeness I have already written about, I too resented the prospect of being treated rudely. Therefore, I decided, quite foolishly no doubt, and come what may to go through and sit for the nine papers in four and half continuous days. Thus began the most difficult and harrowing period of my life, a period even worse than the experience at the university entrance examination.

In that instance, there was certainly disappointment and frustration but since I was attempting a near impossibility, there was less stress because mentally I was prepared for failure. This was reflected in a reasonably good appetite, and the ability to sleep. This time, at the final examinations, I lost both. Normal eating was impossible. My stomach was in knots. I just went through the motions and nibbled something and basically sustained myself with a combination of powdered milk and Ovaltine. Sleep became disturbed. After six hours of strenuous concentration a day answering question papers, there was little the mind could absorb by way of preparation for the next day.

During the day, nothing was possible since the morning’s paper was over at noon, and by the time you walked back from the Arts block to Marrs Hall just to look at the food and freshen up and then walk back to the examination hall to be there about 10 minutes before the 2 p.m. start of the next paper, there was neither time nor inclination to look at or absorb anything. I did try to look through whatever I could for the next days two papers during the night whilst keeping in mind the necessity to get some rest and sleep. Therefore, I did try to get six hours of sleep in the night. But it turned out to be an unhealthy and disturbed sleep leaving you not fresh, but jaded in the morning.

The mind was overactive. By this time, the numbers in the hall had dwindled due to the vacation. Only the few sitting for their final examination were in residence, and they were busy with their studies. There was therefore also a sense of loneliness and isolation prevailing. Added to all this was the horrible thought of failing and having to repeat all nine papers the following year. One had very much to try to find some degree of good cheer from within one’s own resources. Given my predicament I had precious little of that.

In these almost nightmarish conditions, I struggled through eight of the nine papers. The last paper during the final afternoon was the third paper in Sinhala literature, which was on prose. I still have a vivid memory of that afternoon. Rain clouds were building up and as we got down to answering the paper, it was getting quite dark. The lights shone brightly in the examination hall. There were five questions to be answered and I had just finished answering one, and had barely started on the next, when my mind went completely blank. I have never experienced such a thing before or since. The thinking processes suddenly stopped as if a plug had been pulled out from an electricity supply. I was in the middle of a sentence, I found impossible to complete. It was total disconnection.

There was just nothing I could do except to lay down my pen and gaze out of the window. There were two things in my favour at this critical moment. I possessed a temperament that didn’t panic easily or once embarked on a course, give up easily. I therefore calmly decided to stop trying to struggle, and relax. I was aware that precious minutes were ticking by. But I knew that what could not be cured must be endured, and that any attempt at force and struggle would only serve to aggravate the situation. That part of my mind was clear and rational. I spent almost 20 precious minutes doing nothing. Then gradually I found that I was able to focus once again.

I cautiously and with a degree of fear took up my pen and leaving room to complete the question I had begun to write on, started on a new question. The ideas flowed once again. I had however to be careful. There was no guarantee that everything would not come to a stop once again. I had already lost valuable time. Any further problem now would be the end of the paper and the end of perhaps the whole examination. I therefore deliberately slowed down my pace of writing and wrote slowly and steadily not pushing myself.

When the time came for the papers to be collected I had been able to answer only three out of the five questions in full. For the balance two, I was only just able to write down a few points. Answers in continuous prose were not possible. Up to this time, I had hope of at least passing the whole examination and obtaining my degree. Now, I was not so sure. There was a distinct possibility, I would fail the last Sinhala paper.

The next day I went home to Colombo, utterly drained. It appeared that my father’s prediction after reading my horoscope was not only accurate but frighteningly so. I too believed with him that there could not possibly be a worse period in the future. Starting from the stress of suddenly having to change schools in mid university entrance course to the end of my participation in school cricket through contracting measles, to the enormous trials and tribulations of the university entrance, to the disappointment of not being able to read for English “honours,” and now this situation at the final examination was almost too much for one person to take.

I was in a state which perhaps verged on a nervous breakdown, For a good two weeks at home, I was listless, unable to concentrate on anything. I could not read anything. Even the newspapers repelled me. The sound of music was irritating, and sleep desultory. I was taken to see the doctor, who advised complete rest. He did not give medicine. It was clear that I had severely overtaxed the system, and time would be the healer, as indeed was so gradually much to the great relief of my parents and myself. The newspaper once again began to interest me, and gradually books. Even then, I could not read for long periods for some time. I used to lose concentration and the mind began to wander.

In due course, I received a letter from the university, inviting me to teach an English course to the new batch of students about to enter the university. This was the vacation course in English for them. But I was just in no mood to teach. I was now back to normal, but did not wish to take upon myself the responsibilities of a teaching assignment. Therefore, I wrote back politely declining. But the letter from the university was a boost to my confidence. I knew that I would not have been called unless I had fared reasonably well, at least in my English papers, and got at a minimum a “B.” But what of the rest? I was still apprehensive. What came to mind was the unfinished Sinhala paper, and its possible impact on the whole examination.

Assistant Librarian Vidyodaya University

When the results came in due course, to my great relief I had passed. There was no question of a class. Nor was I expecting one. What I dreaded was sitting for the whole examination once again. I could now get this episode of my life out of the way and decide how to proceed. By this time the new Vidyodaya University had just begun to function. My father was a member of the Governing Council of the Vidyodaya Pirivena, the Vidyadhara Sabha and for long an associate and a friend of the renowned scholar Ven. Weliwitiye Soratha, the head of the Pirivena, who was the first Vice Chancellor of the new university.

Our family had many connections with Vidyodaya, including my maternal grandfather Mr. C. Don Bastian Jayaweera Bandara, himself a renowned scholar, writer, publisher and social worker, having had his higher education there. I for my part, for a period studied Sinhala under Ven. Soratha. Busy as he was, he found the time to teach me because of these family connections. I must have been a good student in his opinion, because he very graciously presented me a two volume set of his monumental work of the Sinhala dictionary, a task which he undertook and completed all by himself, a set which is one of my valued possessions even today.

When it became known that I had passed out, Vidyodaya was keen to have me and my father was equally keen that I should help out in whatever capacity. Finally, I was appointed as an Assistant Librarian and along with others, plunged into the task of setting up a proper library for the new university. At this time, the university functioned in the premises of the Vidyodaya Pirivena at Maligakande and it was rapidly becoming apparent that space was becoming a serious problem.

One of the most important tasks of a librarian is to classify knowledge accurately and correctly and this had to be carefully done. The system of classification adopted at the time was the Dewey Decimal System, and I spent much time at home poring over the volumes containing the system, so that during the working day classification and the typing of the card indexes, etc., could proceed with speed. Accuracy and speed were both necessary, accuracy, because a misclassified book is a lost book, speed because hundreds of books were lying on the floors, in cartons, in crates, on windowsills and all over the place.

I found the wide reading that I had done whilst at Peradeniya now of great assistance. With a quick perusal I was able to determine the classifications and sub-classifications. This was important. For instance, if one took up a book on European history, one had to determine whether it should be classified and appear on the shelves as general history; a history of a period; diplomatic history; economic history; social and cultural history; military history; a history of important treaties, and so on. This was so for all subjects and the wider your reading the easier it was.

But always at the end of the day was a general conference at which we took up for discussions amongst other matters, certain books which were exceedingly difficult to classify, partly because their contents approached the borders of many different subjects. Titles were frequently misleading. For instance, the book “Two eggs on my plate,” had nothing to do with cuisine. It was a tense memoir of certain military activities during World War II.

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The Cinnamon Captain’s Circuit

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Three Maps of Ceylon Cinnamon

From the Pathfinder Collection

By Jennifer Moragoda
jennifermoragoda787@gmail.com

A remarkable Dutch map of Ceylon made in 1719 allows us to follow cinnamon through the country almost village by village.

Part of a series of thirty-six maps showing territories of the Dutch East India Company, it was drawn by Joannes van Campen and shows mainly the south-western portion of the island then under Company control. The twelve korales or provinces are distinguished by colour and extend, in the map’s description, from the river Caymelle to the Valave. Brohier notes that Caymelle was the Dutch name for the Maha Oya. A brown line marks the boundary of the Kandyan king’s territory. Within this political geography, a red line encloses what might otherwise be described simply as ‘Canelle Landen’: “the expanse of the luxuriant cinnamon bushes from the Chilaw river to the hook of Dondra.”

What makes the map extraordinary, however, is its detail. It marks the old administrative divisions through which the cinnamon country extended; villages and places associated with the seasonal work of the peelers; the forty-six numbered points along the annual route of the Cinnamon Captain; and the five coastal places to which the peeled bark was delivered.

Two further Dutch maps narrow the lens. A plan of Salpiti Korale maps cinnamon gardens and grounds among localities that are now part of greater Colombo and its suburbs. At an even more microscopic level, three drawings of a single chena near Hanwella represent individual trees by letters and colour and enumerate them.

Together they preserve an unusually detailed geography of Ceylon cinnamon and the enterprise built around it under the Dutch.

Van Campen’s map in facsimile M. F. N. Rotteveel’s 1901 facsimile of Van Campen’s 1719 map.

Much of that detail can be recovered today through the meticulous work of R. L. Brohier and J. H. O. Paulusz. Their descriptions and translations of Dutch maps and records provide the context that makes otherwise cryptic routes, symbols and localities intelligible.

A Circuit Through Cinnamon Country

Van Campen’s map immediately provides an overview of the country from which cinnamon was obtained. It is divided according to the old Sinhalese territorial and administrative divisions of korales and pattus. Many of their names, and the places associated with them, remain recognizable today, although their old boundaries are now less familiar. The map may surprise modern readers who are unaware that its cinnamon country extended as far north as the Chilaw River and south to Dondra.

The map also makes clear that the geography of cinnamon did not coincide neatly with political boundaries. It marks the limits of Dutch territory and the adjoining lands of the Kandyan king, while cinnamon also grew beyond Dutch-controlled territory. Access to cinnamon in Kandyan territory could therefore depend upon relations with the Kandyan court.

The most striking feature of the map is the minute detail with which this cinnamon geography is recorded. Forty-six numbered points trace the ordinary land route followed by the Cinnamon Captain, head of the Mahabadda or Cinnamon Department, on his annual general visitation at the commencement of the harvest. Starting from Colombo, his circuit took him north and then through a succession of korales to the south before he returned along the coast to Colombo.

The route recorded in Brohier and Paulusz runs through Negombo, Pittigal Korale, Hapitigam Korale, Sinna Korale, Rayigam Korale, Pasdun Korale, Wallalawiti Korale, Galle Korale, Beligama Korale, Morawa Korale and Dolosdas Korale, the latter embracing the Gangaboda and Welaboda Pattus of Matara and the eastern and western Giruwa Pattus of Hambantota.

On the map, the numbered stations allow that journey to be followed across the country. Even where individual names become difficult to decipher on a reduced reproduction, the extent of the circuit can be grasped.

But another set of small red circles gives the map an even more unusual human geography. In the words of its description, these indicate the villages and places “in which and near which” the cinnamon peelers commonly pitched their tents during the peeling season “in order to gather that costly bark.” These temporary encampments belonged to the older system of harvesting in which parties of peelers travelled through the cinnamon country, cutting suitable stems and bringing them back in bundles to be peeled and fashioned into quills.

The red circles are scattered through the cinnamon country densely enough that the map gives a visual impression of the scale of the seasonal harvest before one has deciphered every locality. J. H. O. Paulusz considered the map “of unusual value, indeed indispensable for studying the history of the Salagama community because it illustrates their manner of life, the districts in which they lived, and the hardships and dangers they endured.”

The Captain’s numbered route and the peelers’ encampments therefore record two related geographies. One is the official circuit of inspection. The other is the far more dispersed geography of the people actually gathering and preparing the cinnamon.

The map completes the picture by identifying five coastal delivery points—Negombo, Colombo, Beruwala, Galle and Matara—to which the peeled bark was “carried on their shoulders and transported with great labour.” Taken together, these details allow the old cinnamon enterprise to be visualized almost in motion: the Captain moving between his 46 stations; peelers establishing seasonal camps in and near particular villages; cinnamon being gathered and prepared in the surrounding country; and the finished bark moving towards five points on the coast.

The map also bears the letters A–H on a smaller circuit associated with Maradana, “where the best of that fragrant bark is peeled.” Brohier’s explanatory note identifies the area within this orbit as including Maradana, Wellicadde, Kirilepona and Bamblepitie—names recognizable today as Maradana, Welikada, Kirulapone and Bambalapitiya. These are now parts of a densely built city; on Van Campen’s map they belonged to the geography of cinnamon.

That juxtaposition is one of the pleasures of reading the old maps. Familiar names survive, but the landscapes attached to them have changed almost beyond recognition.

Salpiti Korale, Plot by Plot

A second map sharpens the focus further.

Where Van Campen’s map provides an overview of the geographical reach and movement of the cinnamon enterprise, the detailed plan of Salpiti Korale attaches cinnamon more closely to individual grounds and localities in and around what is now greater Colombo. Similar detailed plans were drawn for other korales and areas in which cinnamon grew.

The plate itself carries a striking collection of names familiar to a modern resident: Kotte, Mirihana, Welikada, Nawala, Pepiliyana, Kollupitiya, Wellawatte and Galkissa, or Mount Lavinia, among others. They appear beside or among numbered and outlined cinnamon grounds. The importance of the map is not that all of modern Colombo lay within Salpiti Korale—it did not—but that it allows particular 18th-century cinnamon localities around the expanding city and its eastern and southern approaches to be set against places we know today.

A related survey shows how closely Dutch mapping followed Colombo’s expansion. Brohier notes that, as settlement spread beyond the Fort and Pettah, a map made about 1766 by Lieutenant C. D. Wentzel surveyed the Colombo district for a radius of five miles in all directions from the Fort. Particular care was taken to mark the cinnamon-growing districts, partly for the information of the authorities and partly as a warning to inhabitants.

The records preserve some striking glimpses of areas we do not normally associate with cinnamon. A Dutch governor deplored the number of valuable bushes being “pitifully cut down for firewood especially near Liveramentu (Thimbirigasyaya-Narahenpita) where it grows luxuriantly.”

It is difficult now to associate Thimbirigasyaya and Narahenpita with luxuriant cinnamon, yet that is precisely why this cartographic detail matters. Pepiliyana, Nawala, Welikada, Wellawatte and other familiar names cease for a moment to be simply modern suburbs and become part of an older cinnamon geography.

In this sense, the Salpiti map performs a different task from Van Campen’s. The first shows the astonishing geographical reach of the cinnamon enterprise. Salpiti brings us down almost plot by plot.

Down to the Individual Tree

A third example reduces the scale to a single piece of ground. Three charts dated 1720 depict a chena called Katugalavila in the village of Degambedda in Hevagam Korale, about half an hour’s journey from the fort at Hanwella. The original survey was by L. Boomgart; the version reproduced by Brohier and Paulusz is an 1899 facsimile by M. F. N. Rotteveel.

The three drawings show the same ground before clearing, after cutting and burning, and after planting and regrowth. Seventeen kinds of tree are identified by letters, with their Sinhala names recorded in Dutch spelling. Before clearing, the plot contained five cinnamon trees; in the third stage it contained 229 cinnamon shoots and young trees. Brohier called the plan both “a picture of the ground” and a “working-plan,” and remarked on its striking representation of detail and use of colour.

This small survey is useful here chiefly because it shows just how far Dutch cartographic attention could descend: from an extensive cinnamon country, to individual grounds, and finally to individual trees.

The 1719 map shows the cinnamon country extending from the Chilaw River to Dondra. The Salpiti Korale map brings us into recognizable localities around Colombo and its suburbs. At Degambedda, near Hanwella, the cartographic lens descends to a single chena and finally to individual cinnamon trees.

Taken together, the three maps turn the broad designation Canelle Landen into something much more precise: a country of rivers, political boundaries and old administrative divisions; roads, villages and seasonal encampments; identifiable cinnamon grounds; and, finally, individual plants.

They also help explain the practical appeal of later attempts to concentrate cinnamon production in more accessible and systematically cultivated grounds. Van Campen’s map makes visible the enormous geographical reach of the older, dispersed system—the distances travelled, the seasonal encampments and the labour required to bring the prepared bark to the coast. The hardships of that system are less visible on the map itself, but they are amply recorded in the contemporary documentation. The later transformation of cinnamon cultivation is another chapter. These maps preserve the geography that preceded it.

Retracing the Circuit

There is a modern postscript to this story. In recent years, the Pekoe Trail, a long-distance walking route through the tea estates of the hill country, has offered a new way of experiencing Ceylon’s montane landscape and tea heritage. The Cinnamon Captain’s circuit suggests the possibility of a low-country counterpart.

It need not be a walking trail. Selected stages of the forty-six-point circuit could be retraced largely by road, linking surviving place names and old cinnamon localities with places where cinnamon is still cultivated today. The korales no longer function as administrative divisions, roads have changed and much of the old cinnamon country has been transformed or built over, but enough of the underlying geography survives to make the old route intelligible.

Three centuries ago the circuit was travelled at the commencement of the harvest by an official inspecting the cinnamon country. Retraced today, it could offer a way of rediscovering a geography that these extraordinary maps have preserved in remarkable detail.

Notes: This article draws extensively on Volume II of R. L. Brohier and J. H. O. Paulusz’s Land, Maps & Surveys: A Descriptive Catalogue of Historical Maps in the Surveyor General’s Office, whose detailed descriptions, annotations and translations of Dutch maps and records make it possible to reconstruct much of the geography discussed here.

Images 3–5 reproduced from R. L. Brohier and J. H. O. Paulusz, Land, Maps & Surveys, Vol. II (1951).

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