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Exclusive: New Amendment proposed to address political crisis

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Prez to be empowered to remove PM, cabinet among far reaching proposals 

By Shamindra Ferdinando
Amidst Sri Lanka’s worst ever political and economic crises that triggered a spate of protests,

two of Sri Lanka’s eminent lawyers, Romesh de Silva, PC and Manohara de Silva, PC, have urged

President Gotabaya Rajapaksa to bring in an urgent amendment to the Constitution to address the issues at hand.

Romesh de Silva led the nine-member expert team that recently finalized a draft Constitution as requested by President Gotabaya Rajapaksa on behalf of the government.

They have advised the President  that it wouldn’t be possible to form a cabinet representing all political parties represented in Parliament under the present Constitution without a fresh amendment.

They have also submitted the proposed amendment to the leader of the main Opposition Party, the  Samagi Jana Balvegaya (SJB), who is also the Leader of the Opposition.

Well-informed sources said that urgent action was required to address the political and economic crisis.

The success on the current efforts to save the national economy could go awry unless the President and all political parties represented in Parliament take tangible measures to restore political stability, the two legal experys have pointed out.

Sources pointed out that the President hadn’t been able to finalize the cabinet nearly a week after members of the cabinet except Prime Minister Mahinda Rajapaksa resigned. Sources said that the President and the Opposition Leader could make an effort to reach a consensus with their respective parties.

The text of the proposed AMENDMENT TO THE CONSTITUTION

The following Article to be inserted after Article 44 and shall be numbered as Article 44A

(1) Notwithstanding anything contained in the Constitution, the President may in extraordinary and special circumstances –

(a) Remove from office the Prime Minister and members of the Cabinet of Ministers

(b) Appoint a Prime Minister in accordance with paragraph (3) of Article 43 subject to the approval of Parliament.

(c) Appoint a Cabinet of Ministers consisting of not more than fifteen Ministers who –

  1. Have the expertise in the subject and function assigned to him under sub paragraph (d)and,
  2. are not Members of Parliament or of any political party :

Provided that, the appointment of each of the members of the Cabinet of Ministers is approved by Parliament:

Provided further that the Appointment of each of such members is approved by the majority of the members of Parliament who are not members of the party of which the Prime Minister is a member

(d)  Assign subjects and functions to such Minister, provided that such Minister has the expertise in any such subject and is capable of performing the functions so assigned.

(2)The Cabinet of Ministers appointed under paragraph (1) shall function for a period of one year and may be reappointed until the next Parliamentary election is concluded, subject to the approval of Parliament

Sources said that if accepted, provision would have to be made to compel Ministers to attend Parliament to answer questions regarding his/her Ministry. Romesh de Silva and Manohara de Silva have informed the President in the wake of controversy over Finance Minister Basil Rajapaksa not being present in Parliament to answer questions regarding the financial crisis.



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Prez seeks Harsha’s help to address CC’s concerns over appointment of AG

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Chairman of the Committee on Public Finance (CoPF), MP Dr. Harsha de Silva, told Parliament yesterday that President Anura Kumara Dissanayake had personally telephoned him in response to a letter highlighting the prolonged delay in appointing an Auditor General, a vacancy that has remained unfilled since 07 December.

Addressing the House, Dr. de Silva said the President had contacted him following the letter he sent, in his capacity as CoPF Chairman, regarding the urgent need to appoint the constitutionally mandated head of the National Audit Office. During the conversation, the President had sought his intervention to inform the Constitutional Council (CC) about approving the names already forwarded by the President for consideration.

Dr. de Silva said the President had inquired whether he could convey the matter to the Constitutional Council after their discussion. He stressed that both the President and the CC must act in cooperation and in strict accordance with the Constitution, warning that institutional deadlock should not undermine constitutional governance.

He also raised concerns over the Speaker’s decision to prevent the letter he sent to the President from being shared with members of the Constitutional Council, stating that this had been done without any valid basis. Dr. de Silva subsequently tabled the letter in Parliament.

Last week, Dr. de Silva formally urged President Dissanayake to immediately fill the Auditor General’s post, warning that the continued vacancy was disrupting key constitutional functions. In his letter, dated 22 December, he pointed out that the absence of an Auditor General undermines Articles 148 and 154 of the Constitution, which vest Parliament with control over public finance.

He said that the vacancy has severely hampered the work of oversight bodies such as the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE), particularly at a time when the country is grappling with a major flood disaster.

As Chair of the Committee responsible for overseeing the National Audit Office, Dr. de Silva stressed that a swift appointment was essential to safeguard transparency, accountability and financial oversight.

In a separate public statement, he warned that Sri Lanka was operating without its constitutionally mandated Chief Auditor at a critical juncture. In a six-point appeal to the President, Dr. de Silva emphasised that an Auditor General must be appointed urgently in the context of ongoing disaster response and reconstruction efforts.

“Given the large number of transactions taking place now with Cyclone Ditwah reconstruction and the yet-to-be-legally-established Rebuilding Sri Lanka Fund, an Auditor General must be appointed urgently,” he said in a post on X.

By Saman Indrajith

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Govt. exploring possibility of converting EPF benefits into private sector pensions

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The NPP government was exploring the feasibility of introducing a regular pension, or annuity scheme, for Employees’ Provident Fund (EPF) contributors, Deputy Minister of Labour Mahinda Jayasinghe told Parliament yesterday.

Responding to a question raised by NPP Kalutara District MP Oshani Umanga in the House, Jayasinghe said the government was examining whether EPF benefits, which are currently paid as a lump sum at retirement, could instead be converted into a system that provides regular payments throughout a retiree’s lifetime.

“We are looking at whether it is possible to provide a pension,” Jayasinghe said, stressing that there was no immediate plan to abolish the existing lump-sum payment. “But we are paying greater attention to whether a regular payment can be provided throughout their retired life.”

Jayasinghe noted that the EPF was established as a social security mechanism for private sector employees after retirement and warned that receiving the entire fund in a single installment could place retirees at financial risk, particularly as life expectancy increases.

He also cautioned that interim withdrawals from the EPF undermined its long-term sustainability. “Even the interim payments that are given from time to time undermine the ability to give security at the time of retirement,” he said, distinguishing the EPF from the Employees’ Trust Fund, which provides more frequent interim benefits.

Addressing concerns over early withdrawals, the Deputy Minister explained that contributors have been allowed to withdraw up to 30 percent of their EPF balance since 2015, with a further 20 percent permitted after 10 years, subject to specific conditions and documentary proof.

Of 744 applications received for such withdrawals, 702 had been approved, he said.

The proposed shift towards an annuity-based system comes amid broader concerns over Sri Lanka’s ageing population and pressures on retirement financing. While state sector employees receive pensions funded by taxpayers, including EPF contributors, the EPF itself has been facing growing strain as it is also used to finance budget deficits.

Jayasinghe said the government’s focus was to formulate a mechanism that would ensure long-term income security for private sector employees, placing them on a footing closer to a pension scheme rather than a one-time retirement payout.

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Sajith accuses govt. of exacerbating people’s suffering to please IMF

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Opposition Leader Sajith Premadasa yesterday strongly criticised proposals to increase electricity tariffs, warning that the move would deepen the hardships faced by the public already reeling from disasters and rising fuel costs.

Premadasa, who is also the leader of the SJB, told Parliament that the government was considering an electricity price hike at a time when people were struggling to recover from recent crises, while coping with higher fuel prices. He accused the administration of acting contrary to its own election pledges and the expectations of suffering people.

Making a special statement, the Opposition Leader recalled that the government had come to power promising to reduce electricity bills by 30 percent, within three years, by shifting from fuel-based power generation to cheaper renewable sources, such as solar, wind and hydropower. Instead, he said, those commitments had been abandoned.

Premadasa pointed out that the CEB has sought approval from the Public Utilities Commission of Sri Lanka (PUCSL) for an 11.57 per cent tariff increase for the first quarter of 2026 to cover its losses. He questioned whether the government had assessed the impact of such an increase on low- and middle-income households, as well as state institutions.

He also asked why the government had failed to honour its promise to cut electricity tariffs by one-third through a transparent pricing mechanism.

The Opposition Leader further criticised the limited time allocated for public consultations on the proposed new energy policy, saying it was unfair and should be extended, particularly given the prevailing national crises.

Premadasa warned that the removal of competitive tariff structures for industries would be unjust to large-scale consumers using more than five million units of electricity, and called for comparative reports before any subsidies are withdrawn.

He added that despite earlier assurances to reduce electricity bills by 33 percent, the government has once again increased fuel prices, even as global fuel prices decline, continuing, what he described as, a pattern of broken election promises.

Accusing the government of being constrained by International Monetary Fund (IMF) conditions, Premadasa said the simultaneous increases in fuel and electricity prices were exacerbating the economic burden on the public.

By Saman Indrajith

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