Features
Eminent Indians in Galle
In November 1927, Mahatma Gandhi and Kasturbai Gandhi arrived in Galle. They were the chief guests at the prize-giving of Mahinda College, on the 24th. The Olcott Memorial Assembly Hall of the College was filled to capacity. Never was there such a large gathering of Buddhists, Hindus and Christians. The speech given by Gandhi is excerpted from the Mahinda College Magazine of 2002:
“It has given me the greatest pleasure to be able to be present at this very pleasant function. You have paid me, indeed, a very great compliment and conferred on me a great honour by allowing me to witness your proceedings and making the acquaintance of so many boys.
I hope that this institution will progressively expand as, I have no doubt, it deserves. I have come to know enough of this beautiful Island and its people to understand that there are Buddhists enough in this country, not merely to support one such institution, but many such institutions. I hope, therefore, that this institution will never have to pine for want of material support, but having known something of the educational institutions both in South Africa and India, let me tell you that scholastic education is not merely brick or mortar. It is true boys and true girls who build such institutions from day to day. I know some huge architecturally perfect buildings going under the name of scholastic institutions, but they are nothing but whited sepulchres. Conversely, I know also some institutions which have to struggle from day to day for their material existence, but which, because of this very want, are spiritually making advance from day to day. One of the greatest teachers that mankind has ever seen and one whom you have enthroned as the only Royal Monarch in your hearts, delivered his living message not from a man-made building, but under the shadow of a magnificent tree. May I also venture to suggest that the aim of a great institution like this should be to impart such instruction and in such ways that it may be open to any boy or girl in Ceylon.
“I notice already that, as in India, so in this country, you are making education daily more and more expensive so as to be beyond the reach of the poorest children. Let us all beware of making that serious blunder and incurring the deserved reproach of posterity. To that end let me put the greatest stress upon the desirability of giving these boys instruction from A to Z through the Sinhalese language. I am certain that the children of the nation that receive instruction in a tongue other than their own commit suicide. It robs them of their birth right. A foreign medium means an undue strain upon the youngsters; it robs them of all originality. It stunts their growth and isolates them from their home. I regard therefore such a thing as a national tragedy of first importance, and I would like also to suggest that since I have known Sanskrit in India as the mother language, and since you have received all religious instruction from the teachings of one who was himself an Indian amongst Indians and who had derived his inspiration from Sanskrit writings that it would be but right on your part to introduce Sanskrit as one of the languages that should be diligently studied. I should expect an institution of this kind to supply the whole of the Buddhist community in Ceylon with text books written in Sinhalese and giving all the best from the treasures of old. I hope that you will not consider that I have placed before you an unattainable ideal. Instances occur to me from history where teachers have made Herculean efforts in order to restore the dignity of the mother-tongue and to restore the dignity of the old treasures which were about to be forgotten.
“I am glad indeed that you are giving due attention to athletics and I congratulate you upon acquitting yourselves with distinction in games. I do not know whether you had any indigenous games or not. I should, however, be exceedingly surprised and even painfully surprised, if I were told that before cricket and football descended upon your sacred soil, your boys were devoid of all games. If you have national games, I would urge upon you that yours is an institution that should lead in reviving old games. I know that we have in India noble indigenous games just as interesting and exciting as cricket or football, also as much attended with risks as football is, but with the added advantage that they are inexpensive, because the cost is practically next to nothing.
“I am no indiscriminate superstitious worshipper of all that goes under the name of ‘ancient’. I never hesitated to endeavour to demolish all that is evil or immoral, no matter how ancient it may be, but with this reservation. I must confess to you that I am an adorer of ancient institutions and it hurts me to think that a people in their rush for everything modern despise all their ancient traditions and ignore them in their lives.
“We of the East very often hastily consider that all that our ancestors laid down for us was nothing but a bundle of superstitions, but my own experience, extending now over a fairly long period of the inestimable treasures of the East has led me to the conclusion that, whilst there may be much that was superstitious, there is infinitely more which is not only not superstitious, but if we understand it correctly and reduce it to practice, gives life and ennobles one. Let us not therefore be blinded by the hypnotic dazzle of the West.
“Again, I wish to utter a word of caution against your believing that I am an indiscriminate despiser of everything that comes from the West. There are many things which I have myself assimilated from the West. There is a very great and effective Sanskrit word for that particular faculty which enables a man always to distinguish between what is desirable and what is undesirable, what is right and what is wrong, that word is known as ‘Viveka’. Translated into English, the nearest approach is discrimination. I do hope that you will incorporate this word into Pali and Sinhalese
“There is one thing more which I would like to say in connection with your syllabus. I had hoped that I should see some mention made of handicrafts, and if you are not seriously teaching the boys under your care some handicrafts, I would urge you if it is not too late, to introduce the necessary handicrafts known to this Island. Surely, all the boys who go out from this institution will not expect or will not desire to be clerks or employees of the Government. If they would add to the national strength, they must learn with great skill all the indigenous crafts, and as cultural training and as the symbol of identification with the poorest among the poor, I know nothing so ennobling as hand spinning. Simple as it is, it is easily learnt. When you combine with hand spinning the idea that you are learning it not for your own individual self, but for the poorest among the nation, it becomes an ennobling sacrament. There must be added to this sacrament some occupation, some handicraft which a boy may consider will enable him to earn his living in later life.
You have rightly found place for religious instruction. I have experimented with quite a number of boys in order to understand how best to impart religious instruction and whilst I found that book instruction was somewhat of an aid, by itself it was useless. Religious instruction, I discovered, was imparted by teachers living the religion themselves. I have found that boys imbibe more from the teachers’ own lives than they do from the books that they read to them, or the lectures that they deliver to them with their lips. I have discovered to my great joy that boys and girls have unconsciously a faculty of penetration whereby they read the thoughts of their teachers. Woe to the teacher who teaches one thing with his lips, and carries another in his breast.

“Now, just one or two sentences to boys only and I have done. As father of, you might say, many boys and girls, you might almost say of thousands of boys and girls, I want to tell you, boys, that after all you hold your destiny in your own hands. I do not care what you learn or what you do not learn in your school, if you will observe two conditions. One condition is that you must be fearlessly truthful against the heaviest odds under every circumstance imaginable. A truthful boy, a brave boy will never think of hurting even a fly. He will defend all the weak boys in his own school and help, whether inside school or outside the school, all those who need his help. A boy who does not observe personal purity of mind and body and action, is a boy who should be driven out of any school. A chivalrous boy would always keep his mind pure, his eyes straight and his hands unpolluted. You do not need to go to any school to learn these fundamental maxims of life, and if you will have this triple character with you, you will build on a solid foundation.
“May then true ahimsa and purity be your shield forever in your life. May God help you to realize all your noble ambitions, I thank you once more for inviting me to take part in this function!”
The following day Gandhi was to entrain at the Galle Railway Station, when he was informed that large crowds had gathered along the route to see him. Then he asked, “What am I to do?” “People will be delighted, if you could walk to the Railway Station.” “All right,” said Gandhi. “I will then walk the distance.” It was an uphill task for the police to manage the crowds.
In 1922, Dr. Rabindranath Tagore of Shantiniketan fame also visited Mahinda College. Here is an excerpt from the Mahinda College magazine. ‘The poet arrived at Mahinda College by car, about 2 pm on October 17th, 1922 accompanied by Mr. C. F. Andrews and Dr. W. A. de Silva. The boys had been eagerly looking forward to his visit, for it had been arranged many months before, when it had been first known that he was to come to Ceylon.
After about an hour’s rest, the poet came into the big Olcott Hall, where all the boys were assembled to greet him. He was then garlanded by the oldest member of the staff, Pandit G. Sagaris de Silva, and, in order to avoid his having to speak loudly, all the younger boys came up close to the dais and sat on the floor around his feet.’
The speech delivered by him on the occasion is given below.
“My young friends, I do not like to stand on a high platform and speak to you as a distinguished guest. I want to move freely amongst you and be your companion. I wish I could stay a week in this lovely place and sing to you, and play with you in these beautiful grounds; then I am sure you would not be in the least afraid of this old man with a long beard.
“I have heard much about your College from my friend, Mr. Kalidas Nag, one of your former Principals, whom I met recently in Paris. He told me of the pleasant days he spent with you here.
“You are just like my boys at Shantiniketan, features, behaviour, everything. When I look into your faces, I think of them. They are not afraid of me. They drag me to their dormitories and make me take part in their plays, sing songs to them, and play parlour games with them in the long evenings.
“They can act plays beautifully, those marvellous boys, they sometimes write their own plays and act them, or act the plays written by their elders. Recently they acted a play in Calcutta, and some of my friends told me that they had not seen such acting anywhere, so perfectly natural.
“I do not want to inflict good advice on you. Why should I? You have not done any wrongs to me! I know that when I was a boy, we also used to have visits from many distinguished visitors, who gave us good advice, and told us to be good, and obedient, and to learn our lessons well. You know all that sort of thing. I do not want to repeat that. I am not a teacher really, though I have sometimes taken classes in my school, and it is not in my nature to give you good advice. I want to play with you and be your friend and companion.
“Let me describe to you what we do at Shantiniketan. We have plenty of open ground and fresh air and freedom. There are no restraints of any kind put upon the boys.
“They grow in perfect freedom and imbibe the beauties of the landscape, the sky and the seasons. Sometimes they go to swim in the tanks, and play their games when they like. They teach what they learn to their less fortunate brethren in the villages around. It is true we have no hills like yours, and we miss the great sea, but we are happy in our freedom and peace. In the long evenings we go out for walks or sit under the trees and sing songs, and we act plays in the dormitories on winter nights. Our classes are mostly held out-of doors under trees, though of course there are classrooms to be used in bad weather. The boys learn to love what is beautiful, good and true, for they imbibe these things from great Nature, who is their teacher.
“Again, I tell you that your Motherland is India, and that you have my invitation to come there whenever you like.”
According to the school magazine, Principal, F.G. Pearce then briefly thanked Dr. Tagore. He said that the great regret, especially of those who had had the experience of being for some time in the company of Dr. Tagore, among students, was that instead of staying the hoped-for week at Mahinda College, he was only able to remain for one night. However, as they knew what was the object of the poet’s visit to Ceylon, they would not grudge the shortness of his stay but be deeply grateful for his presence among them. He thought the best way to make up for it was to try to arrange, as he intended to do, for one or two of the older students to finish their education at Shantiniketan and Vishwa Bharati, and return to Mahinda College as teachers.
“You must not think that you belong exclusively to this small island; do not forget that you have unbreakable ties of language, culture and religion, with India, that ancient land! The great Mother, India, wants to clasp you to her bosom again, and I come as her messenger to claim you once more. I invite you to my Ashram at Shantiniketan. You will be welcome at any time. You will not be asked to do anything, you will be allowed to do just what you like, we shall not ask you to give our boys good advice! We shall extend our hospitality to you and make you at home among us. You may not be able to come there just now perhaps, that does not matter, but remember that if you want to come to Shantiniketan at any time, you have my invitation.”
In 1929, Jawaharlal Nehru, his wife Kamala Devi, daughter Indira and his sister Vijaya Lakshmi Pandit visited Galle. One their way to Galle, a reception was held in their honour at the Rathgama Devapathiraja College, by Sir Ernest de Silva who founded the college. At this reception, Nehru said, “Ernest is a friend of mine who was with me at Cambridge University. I am happy to see him engaged in serving the people.” At Galle, they visited Mahinda College where another reception was held in their honour.
Some of the other distinguished visitors to Galle, from India were: Dr. Annie Besant, the President of the Theosophical Society, in 1922; Sarojini Naidu, the Indian poetess, in 1922 and Harindranath Chattopadhyay, the musician and poet, in 1931.
Features
Independence of the judiciary, democratic governance, and dismantling of the executive presidency:
the basis for drafting a new constitution
By Savitri Goonesekere
( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. )
Today there is so much confusion: what is Constitutionalism? What is a Constitution? Why do we need a Constitution? We must recognise that, it has been civil society, including professionals in this country, who have always articulated a voice on issues of public concern. If you remember the time of COVID, we had the medical professionals articulating a voice because this was a matter of public concern. So, the Bar Association, too, has expressed views on public concerns. We have with us this evening, President’s Counsel Mr. M. A. Sumanthiran, and Mr. Geoffrey Alagaratnam, and we will have President’s Counsel Mr. Saliya Pieris, who will join us later.
They and many other leading lawyers have always led from the front. And in that regard, in the case of the legal profession, inevitably there are areas of public concern that necessarily mean that they have to call the government to account. When that happens, the Bar Association is required to question government’s action or inaction including their policies
Now, in the past, I don’t think it was as bad as today, because today we have such adversarial, confrontational politics that if by any chance—and an unlucky chance—the Opposition’s stand on a matter happens to coincide with that of professionals, then there’s a delegitimisation of the professionals. That is wrong because professionals must have the courage to speak for their profession, even when they question the government. Constitutionalism and Constitution-making, to be functional, must have bipartisan consensus. When that is not there, even professionals who articulate a voice are seen as either anti-government, against government, or worse, lackeys of the government.
I think citizens should be aware of these realities, and therefore reflect on what it means to have a Constitution. What is a Constitution? A Constitution is, after all, the basic law of a country which will regulate the governance system. And to regulate a governance system, you have to have a framework for governance. The framework for governance also then will have to have institutions of governance. That would be what you call the system of governance. Now, those institutions of governance also have to be embedded and linked with some values, and a values framework.
In the 20th and 21st centuries, we have basically two forms or frameworks of governance. One is Democracy. The other is what we call centralised power with perhaps a single leader. That kind of governance does not focus in the way that Democracy does on the Sovereignty of the people, the rights and liberties of citizens of the country. Therefore, we need to understand in Constitution-making where we stand. Is it going to be for Democracy or is it going to be for another form of government? And I say this because today we’re constantly talking of the Democratic deficit, the failures of Democracy. Contrasted with that are countries which have strong leadership, single leadership, supposed to propel our counties into economic growth and a wonderful future.
In that context, therefore, we need to ask ourselves: what is the value in Democracy? Now Democracy, we must understand, was born of an evolutionary framework developed from a time when there was single leadership by a king, a monarch. Democracy didn’t come overnight. It had to dismantle monarchy and single leadership, and that’s what it did. Historically we know that basic ideas on Democracy as a form of governance can be traced to the Greek civilisation and time of what we call the Western Enlightenment. It was the Western Enlightenment that brought together these ideas of the Sovereignty of the People, a social contract between government and the People who are governed, and the central importance of the People of a country. That is Democracy. That did not come overnight. It took centuries. It took ideologies. It took thought. It required struggle born also of blood and tears.
Today we dismiss Democracy and this history and say, “Oh, it is elitist liberalism.” But we must not forget that Democracy was born as an evolution from monarchy and single leadership, replacing this with the concept of government that respected the rights of the Sovereign people. The central importance of the Sovereign Peoples rights to be protected from abuse of state power is the foundation of democracy as a form of governance. The European countries and the UK engaged with that system of governance.
By 1948, when the UN Charter and the International instruments were drafted, there were two different approaches to governance. One was the Western tradition born of their experience evolving from monarchy to People’s rights and People’s sovereignty that focused on civil liberties: freedom from torture, freedom of speech, freedom of expression, freedom to protest—those are civil liberties. But the weakness was that there was no recognition of social and economic rights as the rights of the people: that was absent in that tradition.
On the other hand, there were member states from the Communist countries, which had the centralized, authoritarian system of governance. They did not recognise civil liberties, but focused on meeting all their people’s social and economic needs as rights: health, education, shelter.
In 1948, we must remember that there were therefore two major international treaties or covenants: one, a Covenant on Civil and Political rights, and another one on Economic and Social rights. That was the Cold War period. But then subsequently through the years, there were changes. In the 1990s, there was the flowering of the human rights tradition. Member states of the UN came together at the Vienna World Conference in 1993, which then recognized that ALL these rights should be human rights of peoples across the globe
So, the Western liberal civil liberties tradition, linked with that of the countries of the Global South like Malaysia, China, and Russia—which recognized and gave importance to social and economic rights. And then a consensus developed that ALL these rights are important; they are “indivisible.” We witnessed this in the 1990s, and the early years of this millennium in the development of many international Conventions which declared human rights on the basis of both civil liberties and social and economic rights.
One would have thought that we would achieve a global consensus on the broadening of the meaning of democracy and a movement away from this concept of strong leadership without civil liberties. But we have not had that. In place of that, we have had a decline in multilateralism in the UN system, giving way to bilateralism, once again back to this focus on two systems: Democracy or strong single leadership.
In this global context, let us compare the situation in countries like ours, which experienced decolonization: countries which knew the impact of colonialism. What happened in those countries? These civil liberties, the legacy of the colonial powers, were used in freedom struggles. They were used to dismantle colonialism. That is why the idea that this liberal tradition of civil rights is a colonial white man’s sudda-law should be challenged. Because this is not so. These countries of South Asia and Africa internalised the values of Democracy, the systems of governance known as Democracy, and built for their nations Constitutions which recognized the importance of civil liberties and control of state power And you see this in India, you see this in Nepal, you see this in Sri Lanka: we had the same concepts of the importance of civil liberties in Constitutionalism. But we focussed on civil liberties. Social and economic rights in the Vienna Convention were considered only as social policies, following the Western tradition on people’s rights.
And what is the meaning of Constitutionalism? The Sovereign people have given their consent to the rulers to rule subject to protection of THEIR rights. And that means that Constitutionalism must prevent the abuse of State and Government power. . Today sometimes we talk of authoritarian Constitutionalism, we talk of abusive Constitutionalism. That’s a contradiction. If Constitutionalism is to prevent abuse of state, government power, you can’t have authoritarian constitutionalism or abusive constitutionalism. What you can say is you can abuse of constitution making process to embed an authoritarian system of governance.
So, we must now, therefore, recognise that even today, if we say there’s a Democratic deficit, this system of governance has been used in our countries to give a better quality of life to our people. There have been failures; there are dysfunctional areas, but that does not mean you have to reject something which has been a powerful force for recognising the importance of the citizens of a country.
I think today when we are challenged with all this talk on the deficit of democracy, the importance of single leadership and authoritarian governance to deliver development, we must stay the course and say: “No, for Sri Lanka, from 1948 we have had Democratic governance.” Governments have not delivered in many areas—true—so the challenge is to focus on Constitutionalism in a new Constitution. Priority must be given to help the government to deliver on the gaps that we have, and ensure the well-being of our people. Constitutionalism must be the basis for drafting a new constitution.
I think we have to also challenge this often-repeated statement that we have a “78-year curse” in governance. We have had deficiencies, but we have had Democratic governance. Central to that has been regular elections and the resilience of the People. Also, the contribution of the courts of this country, the lawyers of this country in ensuring that there has been some accountability in governance.
Some of you may not remember, but I have lived through dark times. I have witnessed the horror of the murder of a dear student, a politician whose head was cut off by the JVP—the Deshapremi at that time—and stuck on his gate. He had young children. I have gone with my husband in dark curfew streets to help clear a body for burial, where the first person who opened the poll, a relative, was killed at the General Election the JVP prohibited.
So, we in this country have lived through dark times. But we also have moved from that dark past to a point where those involved in an armed struggle the JVP entered into the democratic political process. They did so in 1994. Having come into that political process, the Democratic process, it is a commitment made to the people. We must hold this government with its JVP partner to deliver on Democracy, and not any other system of governance.
Let us look at our history of Constitutionalism and Constitution making. What is our history? 1948: we had the parliamentary system. We had, particularly in relation to the minorities, decisions of the appeal courts which have been criticised, which did not take into account minority rights. So, there were deficiencies. But we had a written constitution, we had courts, we had public administration and law enforcement systems that functioned. That was the dividend of post-independence freedom and political autonomy in Sri Lanka.
Then in 1972: with a massive mandate, we had a government which again brought in the 1972 “autochthonous” or home grown constitution. But what did it do? In fact, it interpreted the Sovereignty of the People as the Sovereignty of Parliament and parliamentarians. And that made Democracy dysfunctional. There is a recorded history of the abuse of power that took place at the time, including the conflict with the courts.
Now change was promised in 1978 Constitution. The people gave a massive mandate for a Dharmishta anduwa. And then what happened ? Again, we put in place all the democratic institutions as we know them, the system of democracy familiar in the liberal tradition. But a huge gap was the aggrandizement of power in the strong Executive Presidency, which has led to decades of problems in the governance of this country.
The Executive Presidency of 1978 has destabilised what were good public institutions. It has contributed to an ethos where, in institutions, the person who is considered the boss is supposed to lead, and everybody else does not question him/her. That happens in the public sector today in many institutions, and I’m told (and it looks like it does) that sometimes this also happens in the private sector. So, we have developed what you call a boss-man culture which seeps down to society, not just public institutions and governance. The Executive Presidency, therefore, has contributed to the weakening of many public institutions and also, to a large extent, a culture of corruption, and abuse of power.
This decline has been understood, and because it has been understood, since the year 2000 we have been asking for a new Constitution that will eliminate the Executive Presidency. Successive political leaders including the current President and their political parties have pledged in election manifestos to do this. At least the Chandrika Bandaranaike government fulfilled that promise and brought such a constitution in 2000 to abolish the Executive Presidency and strengthen the democratic institutions to achieve accountable governance to the People. Unfortunately, a subsequent and recent executive President and his party tore that Constitution to shreds in Parliament. That was 2000.
(To be continued)
Features
Coercive laws recipe for future misrule
by Jehan Perera
The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.
The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.
But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.
Proposed Laws
The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.
The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.
The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.
Civil Society
The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.
Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.
The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.
Features
Quality assurance without quality enhancement: The irony of university QA
By Ramya Kumar
According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.
An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.
The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.
Top-down check-box activities
The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.
There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).
1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….
2: And with pictures and all…
1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”
2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..
1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…
2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!
1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.
2: yea, when you say QA, my mind closes off immediately and I stop listening…
Auditing everything but power
QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.
The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.
A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.
This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.
External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.
Rethinking university QA
Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.
QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)
. Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
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