Connect with us

Features

Drafting of new Constitution

Published

on

By Neville Ladduwahetty

The Expert Committee, appointed to draft a new constitution, has invited the public to “submit their ideas and views” relating to the topics listed by them. This approach was confirmed by the Minister of Justice Ali Sabry in a media report that stated: “A new constitution is to be drafted to replace the Second Republican Constitution of Sri Lanka, and we are inviting the general public to submit their ideas, or views, under the topics of; nature of state, fundamental rights, language, directive of principles of state policy, the executive (President/Cabinet of Ministers/public service), the legislature, franchise and elections including referenda, decentralisation/devolution of power/power sharing, the judiciary, public finance, public security, and any other area of interest, not specified in the notice,”

The question that begs to be asked is; under what system of government, namely Parliamentary as in the U.K where Parliament is Supreme, or Presidential, under provisions of Separation of Powers, as in the USA, are the “topics” to be addressed by the public? Since these are the two broad systems of government that Democracies function with or without variations to accommodate particularities of each country, it is absolutely vital that these broad parameters are established prior to calling for views from the public.

Since such fundamental choices impact on the processes of governance, the choice as to the system of government should not be based on the views of the public, but on a determination made by the elected representatives of the People – the Parliament. Such a proposal was incorporated in an article titled “Constitutions and amendments” (The Island, September 19, 2020).

The relevant paragraph stated: “The few examples cited above amply demonstrate that while the framework of the 1978 Constitution is essentially Presidential, it has sufficient elements of a Parliamentary Democracy to warrant the Judiciary from giving contrasting opinions, depending on which Article it interprets. This ambiguity requires Sri Lanka to adopt either a Presidential or a Parliamentary system, but not a mix of both systems. Despite the fact that such contradictions have been brought to the attention of the public, confusion has reigned uninterrupted. Therefore, the need is for Parliament to vote on which system of government is best suited to govern Sri Lanka”.

It is only after such a clear and unambiguous determination by Parliament that the Expert Committee, set up to draft a new Constitution, would have a clear mandate for them to function. However, this was my view in September. My present view is that Parliament should go even further, and in addition to determining the system of governance, Parliament, should as a first step, determine the core principles under which the Nation and the State should function. Such principles should define who and what we are as a Nation and State, and it is only after establishing the core principles that define the Nation and State that the system of government is selected which would best make the core principles deliverable.

 

PREAMBLE and CORE PRINCIPLES of a CONSTITUTION

Constitutions do not as a practice list the core principles that guide the functioning of Nations and States. The practice normally adopted by most drafters of Constitutions is to incorporate the core principles of the nation concerned in the Preamble to its Constitution. Thus, Preambles become the platform to convey the core principles of a Nation and State. According to an article, cited below, the increasing importance attached to Preambles is reflected in the fact that some Judiciaries rely on the core principles stated in a Preamble when there are ambiguities in the texts in a Constitution. However, despite its importance, the contents of Preambles are often ignored.

The Preamble to the US Constitution states: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”. Having established these broad parameters, the framers of the US Constitution decided that a government, based on separation of power, would serve their interests best.

On the other hand, the Preamble to the 1972 Constitution of Sri Lanka states that the People resolved to exercise their freedom and independence and declare Sri Lanka to be a “free sovereign and independent Republic”, and how such a nation proposes to realize the objectives of a Socialist Democracy.

The Preamble to the 1972 Constitution of Sri Lanka states: “We the People of Sri Lanka resolved in the exercise of our freedom and independence as a nation to give ourselves a constitution which will declare Sri Lanka a free sovereign and independent Republic pledged to realize the objectives of a Socialist Democracy including the Fundamental Rights and Freedoms of all citizens and which will become the fundamental law of Sri Lanka deriving its power and authority solely from the People…through a Constituent Assembly”. Having established the broad parameters, the then government decided that a Parliamentary system, where Parliament would be Supreme, would best enable them to realize their objectives.

Judging from the Preamble of the 1978 Constitution, its core principles are different from the 1972 Constitution other than to state that it is “a new Republican Constitution. The key elements of the Preamble to the 1978 Constitution are:

“The People of Sri Lanka having by their mandate freely expressed and granted…their representatives…to draft, adopt and operate a new Republican Constitution in order to achieve the goals of a Democratic Socialist Republic… whilst ratifying the immutable republican principles of Representative Democracy and assuring to all peoples Freedoms, Equality, Justice, Fundamental Human Rights and the Independence of the Judiciary as the intangible heritage that guarantees the dignity and well-being of succeeding generations…”.

Having thus established the core principles cited above, the then government determined that the best system of government to realize its objectives was under provisions of a Presidential system that functions under provisions of Separation of Power.

 

THE NEW CONSTITUTION

The approach of the Expert Committee is to seek views and ideas from the public under topics listed by them. Judging from the nature of the topics listed it is highly improbable that the Committee would be able to develop a set of core principles that would be sufficiently broad in scope as in the two previous constitutions. However, whether the new constitution is drafted, based on the views expressed by the public or any other, there is a procedural issue that would determine the final shape and form of the new constitution.

Although the 1972 constitution was the product of a Constituent Assembly, it was not subjected to a Referendum. On the other hand, the 1978 constitution was not formulated by a Constituent Assembly. It was drafted for the Parliament that had existed under the 1972 constitution.

 

This constitution too had not been subjected to a Referendum. The justification in both instances was that the People empowered the elected representatives to draft the respective constitutions based on mandates sought and given. In keeping with past practices there is a strong possibility that the new constitution too would not be subjected to a Referendum either, because of the mandate asked and given. If that be the case, the new constitution would have to comply with the provisions of the 1978 constitution. Furthermore, since the new constitution is not an amendment but one intended to repeal and replace the 1978 constitution, it would have to comply with provisions of Article 120 of that constitution which gives the authority to repeal and replace the constitution subject to certain conditions.

Article 120 (a) states: “In the case of a Bill described in its long title being for the amendment of any provision of the constitution, or for the repeal and replacement of the constitution, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83”.

Article 83 (a) states: “a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1,2,3,6,7,8,9,10 and 11 of this Article…shall become law’ if approved with a two-third majority of Parliament and by the People at a referendum. Similar procedures are required if the durations relating to Articles 30 and 62 are extended.

Since these Articles embody the name of the State, its unitary character, that sovereignty is in the People and is inalienable, its National Flag, National Anthem, National Day, foremost place for Buddhism, freedom of thought, conscious and religion and no person shall be subjected to torture or cruel and inhuman treatment, and the fact that they cannot be amended, repealed or replaced without the consent of the People at a Referendum, they become the entrenched core principles of the Sri Lankan People. Therefore, whatever approach the Expert Committee adopts the core principles on which the new constitution would be founded would be predetermined.

CONCLUSION

An article titled “The preamble in constitutional interpretation” in an International Journal of Constitutional Law refers to the increasing importance of Preambles attached to Constitutions. For instance, the Preamble to the US Constitution “highlights the legal and social functions of preambles”. The article cited in the Journal “discusses the growing use of preambles in constitutional interpretation. In many countries, the preamble has been used, increasingly, to constitutionalize unenumerated rights. A global survey of the function of preambles shows a growing trend toward its having greater binding force—either independently, as a substantive source of rights, or combined with other constitutional provisions, or as a guide for constitutional interpretation. The courts rely more and more on preambles as sources of law. While in some countries this development is not new, and dates back several decades, in others, it is a recent development. From a global perspective, the U.S. preamble, which generally does not enjoy binding legal status, remains the exception rather than the rule” ( International Journal of Constitutional Law, Volume 8, Issue 4, October 2010, Pages 714–738, https://doi.org/10.1093/icon/mor010)

In the Sri Lanka context little or no attention is paid to Preambles in our constitutions despite the primacy given them when drafting or interpreting constitutions by other countries. Therefore, those engaged in drafting constitutions should pay attention to the content in the Preamble, because it is recognized as a statement that embodies the core principles as to who and what Sri Lanka is as a Nation and State.

What is evident from the material presented above is that any attempt by any government to draft a new constitution would be compelled to incorporate the entrenched Articles listed in Article 83 of the 1978 constitution if it intends to avoid having to face a Referendum. On the other hand, if any government is prepared to face a Referendum, the Parliament concerned would have to reconstitute itself into a Constituent Assembly in order to be free of any constraints imposed by the existing constitution. However, since this would amount to a totally fresh exercise, the process should start by first establishing its core principles on which to base the constitution, and having done so, determine which of the two primary systems of government, namely Presidential based on separation of power, or Parliamentary wherein Parliament is supreme in order to realize its objectives.



Features

Illegal solar push ravages Hambantota elephant habitat: Environmentalist warns of deepening crisis

Published

on

Land earmarked for the project

A large-scale move to establish solar power plants in Hambantota has triggered a major environmental and social crisis, with more than 1,000 acres of forest—identified as critical elephant habitat—cleared in violation of the law, environmental activist Sajeewa Chamikara said.

Chamikara, speaking on behalf of the Movement for Land and Agricultural Reform, said that 17 companies have already begun clearing forest land along the boundaries of the Hambantota Elephant Management Reserve. The affected areas include Sanakku Gala, Orukemgala and Kapapu Wewa, which are known to be key elephant habitats and long-used movement corridors.

He said that what is taking place cannot be described as development, but rather as a large-scale destruction of natural ecosystems carried out under the cover of renewable energy expansion.

According to Chamikara, the clearing of forests has been carried out using heavy machinery, while large sections have also been deliberately set on fire to prepare the land for solar installations. He said that electric fences have been erected across wide stretches of land, effectively blocking elephant movement and fragmenting their natural habitat.

“These forests are not empty lands. They are part of a living system that supports wildlife and nearby communities. Once destroyed, they cannot be easily restored,” he said.

The projects in question include a 50 megawatt solar development undertaken by five companies and a larger 150 megawatt project implemented by 12 companies. The larger project is reported to be valued at around 150 million US dollars.

Chamikara stressed that these projects are being carried out in a coordinated manner and involve extensive land clearing on a scale that raises serious environmental concerns.

He further alleged that certain companies had paid about Rs. 14 million to secure support and move ahead with the projects. He said this points to a troubling failure of oversight by state institutions that are expected to protect forests and wildlife habitats.

“This is not only an environmental issue. It is also a serious governance issue. The institutions responsible for protecting these lands have failed in their duty,” he said.

Chamikara pointed out that under the National Environmental Act, any project of this scale must receive prior approval through a proper Environmental Impact Assessment process.

He said that clearing forest land before obtaining such approval is a direct violation of the law.

He added that legal requirements relating to archaeological assessments had also been ignored. Under existing regulations, large-scale land clearing requires prior evaluation to ensure that sites of historical or cultural value are not damaged.

“The law is very clear. You cannot go ahead with projects of this nature without proper approval. What we are seeing is a complete disregard for legal procedure,” Chamikara said.

The environmental impact of these activities is already becoming visible. With their natural habitats destroyed, elephants are increasingly moving into nearby villages in search of food and shelter. This has led to a sharp rise in human-elephant conflict in several areas.

Areas such as Mayurapura, Gonnooruwa, Meegahajandura and Thanamalvila have reported increasing encounters between humans and elephants. According to Chamikara, more than 5,000 farming families in these areas are now facing growing threats to their safety and livelihoods.

 

He warned that farmers are being forced to abandon their lands due to repeated elephant intrusions, while incidents involving damage to crops and property are rising. There have also been increasing reports of injuries and deaths among both humans and elephants.

“This is turning into a serious social and economic problem. When farmers cannot cultivate their lands, it affects food production, income and rural stability,” he said.

Chamikara also raised concerns about the broader environmental consequences of clearing forests for solar power projects. While renewable energy is promoted as a solution to reduce carbon emissions, he said that destroying forests undermines that goal.

“Forests play a key role in absorbing carbon dioxide. When you clear and burn them, you are increasing emissions, not reducing them. That defeats the purpose of promoting solar energy,” he explained.

He added that large-scale deforestation in dry zone areas such as Hambantota could also affect local weather patterns and reduce rainfall, which would have further negative impacts on agriculture and water resources.

Chamikara called for a shift in policy, urging authorities to focus on more sustainable approaches to solar power development. He said that rooftop solar systems on homes, public buildings and commercial establishments should be given priority, as they do not require clearing large areas of land.

He also recommended that solar projects be located on degraded or abandoned lands, such as areas affected by past mining or other low-value lands, rather than forests or productive agricultural areas.

“Renewable energy development must be done in a way that does not destroy the environment. There are better options available if there is proper planning,” he said.

Chamikara urged the Central Environmental Authority and the Department of Wildlife Conservation to take immediate action to stop ongoing land clearing and investigate the projects. He stressed that all activities carried out without proper approval should be halted until legal requirements are met.

He warned that failure to act now would lead to long-term environmental damage that could not be reversed.

“If this continues, we will lose not only forests and wildlife, but also the balance between people and nature that supports rural life. The consequences will be felt for generations,” he said.

The situation in Hambantota is fast emerging as a critical test of whether development goals can be balanced with environmental protection. As pressure grows, the response of authorities in the coming weeks is likely to determine whether the damage can still be contained or whether it will continue to spread unchecked.

By Ifham Nizam

Continue Reading

Features

Why Mahatma Gandhi’s teachings need to be at the heart of conflict resolution

Published

on

Mahatma Gandhi

All credit to the Tamil Nadu government for taking concrete measures to perpetuate the memory of the renowned Mahatma Gandhi of India, who on account of his moral teachings stands on par with the likes of Socrates, Plato, Aristotle, Confucius and Jalaluddin Rumi, to name a few such all-time greats. The time is indeed ripe to draw the world’s attention to the Mahatma’s humanistic legacy which has resonated in the hearts of peace-oriented sections the world over down the decades.

Under its mega developmental blueprint titled ‘ Tamil Nadu 2030’, the Tamil Nadu government, among other things, intends transforming villages into centres of economic growth in conformity with the Mahatma’s vision of making the village the fundamental unit of material and spiritual advancement. Thus will come into being the ‘Uttamar Gandhi Model Villages Project’, which will be initially covering 10 village Panchayats. (Please see page 3 of The Island of March 11, 2026).

The timeliness of remembering and appreciating anew the teachings of Mahatma Gandhi resides in the utter lawlessness that has been allowed to overtake the world over the last few decades by none other than those global powers which took it upon themselves to usher in a world political and economic order based on the UN Charter and the Universal Declaration of Human Rights. Mainly in ‘the dock’ in this regard are the permanent members of the UN Security Council.

As is plain to see, the international law and order situation has veered out of control. Principal priorities for the international community or what’s left of it is to prevent the current mainly regional war in the Middle East from degenerating dangerously into another world war, coupled with the task of eliminating the possibility of another nuclear holocaust.

The most scorching of ironies is that the world’s ‘number one power’, the US, has virtually lost its way in the ‘Global Disorder’ it has been party to letting lose. For instance, instead of making good its boast of militarily neutralizing Iran and paving the way for the constant flow of fuel and gas from the Strait of Hormus by itself and Israel, it is now appealing to the rest of the West to come to its assistance. Not surprisingly, US allies are indicating their unwillingness to help pull the US’ ‘chestnuts out of the fire’.

Oil and gas are the veritable life blood of countries and going ahead it should not come as a surprise if impatience gets the better of the major powers and the nuclear option is resorted to by some of them under the dangerous illusion that it would be a quick-fix to their growing economic ills and frustrations.

All the above and more are within the realms of the possible and the need is pressing for humanistic voices to take centre stage in the present runaway crisis. As pointed out in this column last week, Realpolitik has overtaken the world and unless the latter is convinced of the self-destructive nature of the major powers’ policy of ‘meeting fire with fire’ to resolve their disputes, annihilation could be the lot of a good part of the world.

For far too long the voice of humanity has been muted and silenced in the affairs of the world by the incendiary threats and counter-threats of the big powers and their allies. No quarter has been bold enough in these blood pressure-hiking slanging matches to speak of the need for brotherly love and compassion among nations and countries. But it’s the language of love and understanding that is the most pressing need currently and the Mahatma in his time did just that against mighty odds.

At present the US and Iran are trading threats and accusations over military-related developments in the Gulf and it’s anybody’s guess as to what turn these events will take. However, calming voices of humanity and moderation would help in deescalating tensions and such voices need to go to the assistance of the UN chief and his team.

The Mahatma used the technique of ‘Satyagraha’ or the policy of non-violent resistance to oppose and dis-empower to a degree the British empire in his time and the current major powers would do well to take a leaf from Gandhi. The latter also integrated into the strategy of non-violent resistance the policy of ‘Ahimsa’ or love and understanding which helped greatly in uniting rather than alienating adversaries. The language of love, it has been proved, speaks to the hearts and minds of people and has a profoundly healing impact.

Mahatma Gandhi defined the ideal of ‘Ahimsa’ thus: ‘In its positive form, “Ahimsa” means the largest love, the greatest charity. If I am a follower of “Ahimsa”, I must love my enemy or a stranger to me as I would my wrong-doing father or son. This active “Ahimsa” necessarily includes truth and fearlessness.’ (See; ‘Modern Indian Political Thought; Text and Context’ by Bidyut Chakrabarty and Rajendra Kumar Pandey, Sage Publications India, Pvt. Ltd., www.sagepub.in).

In the latter publication, the authors also defined the essence of ‘satyagraha’ as ‘protest without rancour’ and this is seen as ‘holding the key to his entire campaign’ of non-violent resistance. From these perspectives, the teaching, ‘hatred begets hatred’ acquires more salience and meaning.

Accordingly, the voice of reason and love needs to come centre stage and take charge of current international political discourse. The UN and allied organizations which advocate conflict resolution by peaceful means need to get together and ensure that their voices are clearly heard and understood. The global South could help in this process by seeing to the vibrant rejuvenation of organizations such as the Non-aligned Movement.

An immediate task for the peace-oriented and well meaning is to make the above projects happen fast. In the process they should underscore afresh the profound importance of the teachings of Mahatma Gandhi, who is acclaimed the world over as a uniting and healing political personality and prophet of peace.

If the Mahatma is universally acclaimed, the reason is plain to see. Put simply, he spoke to the hearts and minds of people everywhere, regardless of man-made barriers. The language of peace and brotherhood, that is, is understood by everyone. The world needs more prophets of peace and reconciliation of the likes of the Mahatma to drown out the voices of discord and war-mongering and ensure that the language of humanity prevails.

Continue Reading

Features

Exciting scene awaits them …

Published

on

The Future Model Hunt extravaganza, organised by Rukmal Senanayake, and advocacy trainer Tharaka Gurukanda, held in late January 2026, has brought into the limelight four outstanding contestants who will participate, at the international level, this year – Sandeepa Sewmini, Demitha Jayawardhana, Diwyanjana Senevirathna, and Nimesha Premachandra.

Nimesha took the honours as Mrs. Tourism Sri Lanka 2026 and was featured in The Island of 05th March,

Sandeepa Sewmini was crowned Miss Supranational 2026 and will represent Sri Lanka at the big event to be held in Poland later in the year.

A Business Management and Human Resources student, she will be competing under the guidance of Rukmal Senanayake from the Model With Ruki – Model Academy & Agency.

The Mister Supranational Sri Lanka crown went to Demitha Jayawardhana, a 20-year-old professional model and motocross rider.

Apart from modelling he is engaged in his family business.

Demitha Jayawardhana: Mister Supranational Sri Lanka 2026

Demitha is also a badminton player with a strong passion for sports, fitness and personal growth.

In fact, he is recognised for his strength, discipline, and passion for fitness.

A past student of Wycherley International School and St Peter’s College, Colombo, Demitha is currently in his second year of Economics Management at the Royal Institute of Colombo.

He will represent Sri Lanka at the 10th edition of the Mister Supranational pageant, in Poland, in August, 2026.

Mister and Miss Supranational are annual international beauty pageants, held in Poland, and are designed to discover new talent for the modelling and television industries and produce instant celebrities.

The competition focuses on elegance, intelligence, and social advocacy, with contestants, representing their countries.

The newly appointed Miss Teen International Sri Lanka 2026 is Diwyanjana Senevirathna.

She was crowned at the Future Model Hunt and will represent Sri Lanka at the Miss Teen International 2026 pageant in India.

Diwyanjana is noted for her grace and dedication to representing the country at this prestigious event that aims to celebrate talent, intelligence, charm, and individuality, and provide a platform for young girls to showcase their skills.

Continue Reading

Trending