Connect with us

Features

From abolishing the Senate to adopting a third new constitution

Published

on

The 50-year Constitutional Odyssey:

by Rajan Philips

There are three infliction and, perhaps also, inflection points to this article. First, is the sequel to my article two weeks ago (Sunday Island, October 10) where I alluded to the possibility of Sri Lanka’s parliament restoring itself and changing the ways of the regime between now and the next elections. In a situation of unprecedented crises, changing the ways of the regime is more vital than waiting for a potential electoral regime change three years from now. That was my plea, if not contention. I did not write last week, so it is carryover business this week. It is also the first point of infliction on the always indulgent editor and the more ageing than ageless readers of English newspapers.

The second point emanates from the visit (also on October 10) by President Gotabaya Rajapaksa to the Gajaba Regiment Headquarters, at Saliyapura, Anuradhapura, to commemorate the 72nd Anniversary of the Sri Lankan Army. In his speech to mark the military occasion, President Rajapaksa included a promissory note on the Constitution, that he will be “bringing in (of) a new Constitution,” as he had promised in November 2019, and that it “will be delivered within the next year.” The President’s obiter of reassurance literally took away the wind out of whatever parliamentary reform sails that I might have been hoping to use for my unsolicited purpose.

The third and the most obviously inflexion point, thanks entirely to Dr. Nihal Jayawickrama and the article he wrote last Sunday (October 17), is the 50th anniversary of the death, on October 2, 1971, of the Senate of Ceylon at the young age of 24. It was death by legislative euthanasia, brutally premature at so young an age and for a body that bore no incurable ill. It was a rather bad riddance of a good body.

Dr. Jayawickrama’s commemorative piece is quite remarkable at many levels. He neither asserts that the Senate deserves what it got, nor is he patently critical that it was put down at all. He is fair in his account of the purpose for which the Senate was created and the manner in which it played its constitutionally assigned role despite its lopsided composition and nominating procedure. He does not cite Sir Ivor Jennings’s scholarly cynicism that an unelected Senate can only be either “mischievous” (when it goes against the elected House) or “superfluous” (when it passes what has already been passed by the House); nor does he refer to Dr. Colvin R de Silva’s forceful contention that the Senate that “frustrates the will of the people” was one of the “five major defects” of the Soulbury Constitution.

That contention alone was enough to indicate the Senate’s fate in the new constitution that was being prepared by the United Front government. What came as a surprise at that time was the manner of the Senate’s riddance by an amendment to the Soulbury Constitution rather than through the new constitution. What struck me in the story of that riddance recounted by Dr. Jayawickrama was the pattern of disownment by all the key players in the parliamentary drama that began with a Bill to amend the Soulbury Constitution to save the SLFP MP for Ratnapura, Nanda Ellawala, from expulsion over a conviction and imprisonment, and ended with a Bill to amend the same constitution to abolish the Senate. To wit, Dr. Colvin R de Silva who introduced the first Bill in parliament, in July 1970, made it a point to ‘disown’ the bill by indicating that the Bill had been drafted in the Ministry of Justice and not by ‘his’ Ministry of Constitutional Affairs. And the disclaimers continued even as the Senate was let to die.

Committee of Experts

Nihal Jayawickrama’s article also provides a foil for contrasting the current urge to create a new constitution with the circumstances 50 years ago when Sri Lanka began its long odyssey of constitutional makeovers. No one would have thought then that it would come this far and could go still further. His intervention is particularly striking because he might be the only person alive who was closest to the making of the First Republican Constitution of 1972. He is also expertly familiar with the genesis and entrenchment of the 1978 Constitution. And perhaps the only other constitutional scholar of the same vintage is Prof. Savitri Goonesekere. If I am not mistaken, I do not think there is anyone alive today, who was associated with the making of the 1978 Constitution.

On the other hand, and I do not say this to be uncharitable, in President in Gotabaya Rajapaksa, we have the first Sri Lankan to become the most powerful person in the country with the least familiarity with anything constitutional. And it gets worse. In 1970, Parliament was the master of the country’s constitutional destiny, not only by representation but also by virtue of its legal luminaries. The finest legal minds in the country were in parliament, with the House and the Senate combined. Today’s parliament is not only bereft of talent, but is also powerless in spite of the government’s two-thirds majority. Worse, it is totally sidelined from the making of the new constitution.

That task has been outsourced to a committee of experts none of whom are in parliament, or ever held any elected office. Without tracing the bio-data of individual committee members, I will not be too far off the mark to suggest that with the exception of Prof. GH Pieris, all the other members of the committee would have been in their early twenties at most when Sri Lanka began its constitutional odyssey in 1970. If they were all kids then, they would do well to read Dr. Jayawickrama’s article on the Senate and reflect on what they are about to do now as grownups in creating a new constitution for President Gotabaya Rajapaksa.

If they are also keeners, and they ought to be so to be considered ‘experts’, it is reasonable to assume that they would have by now had some discussions with Dr. Jayawickrama to benefit from his experience and expertise. If not, it’s a shame. It is a travesty that this government is hellbent on creating a new constitution without consulting with or getting advice from people like Prof. Savitri Goonesekere or Dr. Nihal Jayawickrama. Travesty though it is, it should not come as a surprise to anyone considering the way the government availed itself of expert advice on Covid-19.

The impetus for the constitutional change in 1970-72 came from a side remark (obiter) in a 1964 Privy Council ruling that highlighted the legislative limitations of the Sri Lankan (then Ceylon) parliament. Although the contentious Privy Council obiter had been around since 1964, it became a political issue in parliament only in 1969, and it became an election issue in the April 1970 elections. The landslide victory of the United Front Parties in 1970 and the appointment of Dr. Colvin R de Silva as Minister of Constitutional Affairs eventually led to Sri Lanka becoming a Republic with a new constitution in 1972.

The inspiration for the 1978 constitutional overhaul came almost entirely from JR Jayewardene’s idiosyncratic liking for a presidential system of government. He was fortuitously able to use the flexibility of the Colvin constitution to create a far more rigid constitution predicated on an elected executive presidential system. He was also fortunate in getting to be the country’s first and only executive president without an election. Ever since, the constitutional debate has been about abolishing or significantly modifying the presidential system. Until now. And nobody knows why there should be a new constitution now to continue the same presidential system.

Why a new constitution?

Do the members of the experts committee know why Sri Lanka needs a new constitution? Other than the reason that President Rajapaksa wants to have one to show that he kept his promise that no one paid attention to. Going by some of the reasons for a new constitution provided by self-proclaimed patriots and nationalists, Sri Lanka needs a new constitution to enshrine its civilizational heritage. Its greatest heritage, Buddhism, needs no textual enshrinement by a committee of worldly experts. Constitutionally, or textually, does it mean that Chapter II of the Constitution will be expanded to fill a whole page instead of the four and half lines there are now? How will that ennoble an already great and noble religion, or edify its faithful followers?

A starkly different reason is apparently to constitutionally enshrine the implications of the 2009 war victory over the LTTE? How is that going to be textualized; in the preamble or Svasti to the current Constitution? Will it be before or after the assurances about Human Rights and the Independence of the Judiciary, in the preamble, that is? Is the purpose of enshrining triumphalism to ward off outside calls for investigating war crimes allegations? How can new constitutional provisions prevent anybody from saying or doing anything outside the country? Can a new constitution prevent another Easter tragedy, or will it unpack secrets of the last one? Cardinal Malcolm Ranjith is in no mood to trust any this-worldly Sri Lankan government or leaders. He is warning about curses and he is calling for divine intervention by the God of Israel and is looking for intercession by the silver-tongued Saint of Padua.

When the debate was about abolishing the presidency the counter-argument was that the presidency must be retained to check and contain the devolved provinces. The key players in the current Administration including President Rajapaksa himself were strong proponents of abolishing the Provincial Councils and rescinding the 13th Amendment. Now there are no active Provincial Councils to abolish as they are all dissolved. And with the government’s two-thirds majority the PCs can be abolished the same way the Senate was abolished 50 years ago. There might be a snag though if the courts were to say that Provincial concurrence is needed for their abolishing even though no concurrence is needed for their indefinite dissolution.

Surprisingly, or not, the government is now keen to go ahead with the Provincial Council elections as soon as possible, with or without a new constitution. Several reasons are being touted for this new shift. India’s hand in this is apparently not so hidden.

Second tier SLPPers are said to be getting restless without provincial offices and perks, and they need to be rewarded and kept contented. Third, a chief characteristic of Rajapaksa politics is the restless urge to keep validating themselves by constantly calling elections in the hope of winning them all the time. Their public support is said to be at its lowest point in the 16 years since they first hit the presidential jackpot in 2005. But they know it is better to test the pulse early and consolidate themselves before things get “worser and worser” as Muhammad Ali used to say. Finally, Provincial Council elections could be a trial run for a referendum that will be necessary for adopting a new constitution.

So, one needs to go back to the Committee of Experts and ask them – which of these reasons do they find to be so compelling as to devote their efforts and energies to producing a new constitution? It was the arrogance of two-thirds majority power that precipitated the abolishing of the Senate in 1971. Fifty years later, there is no palpable arrogance in spite of power, but there is great potential for its abuse out of abundance of ignorance. The question to the Committee of Experts is whether they are going to be aiding and abetting a potential abuse of power in creating a new constitution?

To circle back to the first point of infliction that I started with, it would be a fool’s paradise to discuss parliamentary reform when the government’s priority is to swing the constitutional wrecking ball at parliament and everything else that is still working in Sri Lanka. We can only wait and see how extensive the wreckage is going to be before talking about any reform. What if some or all in the Committee of Experts want to have no part of this wreckage and honourably excuse themselves from the Committee? Stranger things have happened.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Polarizing rhetoric greets America on its epochal anniversary

Published

on

President Donald Trump addresses the public on the occasion of the US celebrating the 250th anniversary of the US Declaration of Independence from Britain.(BBC)

Democratic and progressive opinion in the US and the world over would likely have been further jolted by the divisive rhetoric blared forth by US President Donald Trump on no less an occasion than the 250th anniversary of the US Declaration of Independence from Britain. The world has been placed on notice that what it would be having in the main is aggravated polarization on multiple fronts during what’s left of the Trump tenure.

If the world was expecting positive moves by the Trump administration to bridge divisions, heal rifts and usher in a more harmonious international political order, this is very unlikely to be. Instead, in all probability we would be left with a far more ‘dangerous place to live in’.

Some of the more thought-provoking recent ‘takes’ from President Trump are : ‘A generation after we fought and won the cold war against the menace of communism, there is now a resurgence of the communist menace in our land, including from newcomers to our country who embrace ideas totally opposed to our way of life and our great success.’ ‘We will send them (immigrants) quickly away, and we will continue to build our country bigger and better than ever before.’ ‘We are going to give our country its identity back.’ ‘You can be loyal to Karl Marx or you can be loyal to America. You can be a communist or you can be a patriot. You cannot be both.’

Accordingly, what the world would have in increasing measure going forward are stepped-up attempts to consolidate a white supremacist administration in the US accompanied by a suppression of ethnic, religious and cultural minorities at home along with renewed attempts to spread and consolidate US hegemonism world wide.

The latter project would mainly translate into US military interventions abroad of the Venezuelan type and a persistence if not a resurgence of identity based conflicts globally. Violent reactions internationally to what are seen as attempts by the US to bring recalcitrant sections in particularly the South under white supremacist control will provide the basis for the steadfast presence and spiking of identity politics globally.

Moreover, the path has been paved for stepped-up ethnic, religious and cultural disharmony within the US. A united state is far from possible, given this backdrop. Put simply, it would be a question of steeper political polarization at home and abroad.

The persistent, widespread support for the hard line Islamic regime in Iran locally and globally should serve as an eye-opener for the political decision-makers of the US. Huge crowds at the funerals of Iran’s political leaders could very well be state-orchestrated but they are a pointer to the fact that political Islam is far from on the decline. To the extent to which this is so, the phenomenon could be a hurdle in the path of a stridently expansionist US.

Looking back, it was the consolidation of the Islamic regime in Iran in the late seventies of the last century that, besides proving a major challenge to the unfettered global power expansion of the US and its Western allies, provided the motive force as it were for the proliferation of Islam-based identity politics in particularly the South. This continues to be so.

Going forward, the US would need to figure out how best it could manage the persistent presence of Islamic fundamentalism world wide, and for that matter other forms of identity politics, without drastically losing its global power and influence.

The recent successful challenge by Iran to the US’ efforts to exercise its diktat in West Asia should prove an ‘eye-opener’. In these confrontations both sides were bloodied but Iran proved that it could successfully take on the US militarily. The inference for the US ought to be that projecting its military might in the Middle East in a no-holds-barred fashion would not prove easy.

Arising from the foregoing a foremost policy challenge for the US would be to curb Iranian military power while avoiding another major military confrontation with the Islamic state that would cost the US and the world dearly in particularly economic and material terms. The US would have no choice but to persist with the often flagging West Asian peace effort and to render it fully workable.

Ukraine presents the US with another formidable challenge. As is known, Ukraine is proving no easy ‘push-over’ for Russia, but it is badly in need of more sophisticated Western arms, particularly effective air defense systems, to fully neutralize the Russian invasion. What would the US choose to do; go to Ukraine’s assistance fully or opt not to ruffle and antagonize the Putin regime, with which it is on some cordial terms?

A negotiated solution is best in Ukraine and the Trump administration would do well not to lose sight of this ideal but Russia too should see the need for a diplomatic solution if it is to salvage itself from its military stalemate in Ukraine. The US needs to try being a peace mediator in the latter theatre but if the Russian political leadership fails to opt for peace the US would have no choice but to join the rest of NATO and Europe in continuing to arm Ukraine.

The US would need to take the latter course if the ‘world’s mightiest democracy’ is to remain committed to its founding ideals. If President Trump fails to meet this challenge he would prove that he is nothing more than an ‘empty rhetorician’.

However, it should not come as a surprise to the world if Trump chooses not to strongly back the rest of the West on Ukraine. Domestic and foreign policy are closely intertwined. Since the Trump administration is committed to building a white supremacist state at home, democratic development worldwide has been of the least importance to it.

The Trump administration’s strong affinities to white jingoism would increasingly compel it to opt for a policy of international isolationism. As a result Ukraine could prove unimportant for the US going forward.

Consequently, US-Western Europe friction in particular is only likely to intensify in the days ahead. Coupled with the contentious issues growing out of the persistence of identity politics, the Trump administration’s far-sightedness in managing foreign policy issues would be tested to the fullest. Whether the world would have comparative peace or continued blood-letting would depend crucially on such judiciousness.

Continue Reading

Features

Beyond concrete: Sunela Jayewardene urges Sri Lanka to rediscover an ancient wisdom for a planet in peril

Published

on

Sunela / Rishan / Spencer

It was more than a lecture on architecture. It was a challenge to rethink civilisation itself.

Standing before a packed audience at Dilmah by Genesis in Maligawatte, internationally acclaimed environmental architect, author and conservationist Sunela Jayewardene delivered a keynote that transcended blueprints, buildings and urban planning.

Instead, she invited her listeners on an intellectual journey into Sri Lanka’s ancient past, arguing that the answers to some of the world’s gravest environmental crises may already exist within the island’s forgotten ecological wisdom.

Her address, titled “Beyond Concrete: Architecture for the Coexistence of Species,” was at once philosophical, historical and deeply practical. It questioned humanity’s obsession with dominating nature and called for a return to a design ethic rooted in respect, restraint and coexistence.

“The road is actually very simple,” Jayewardene said. “We have simply forgotten it.”

That observation became the defining thread of an afternoon that challenged conventional thinking about architecture and development.

According to Jayewardene, modern society has inherited a worldview shaped largely by colonial values that placed human needs above those of every other living organism.

“Our value system was turned on its head,” she observed. “We accepted a Western way of looking at nature without questioning it. Today we can clearly see the consequences. The world is in crisis. Species are in crisis. Our lifestyles are in crisis.”

She was careful not to romanticise the past, nor was she dismissive of modern science. Instead, she argued that Sri Lanka’s pre-colonial civilisation possessed a sophisticated environmental philosophy that modern planners and architects have largely ignored.

For Jayewardene, environmental architecture is not about fashionable sustainability slogans or cosmetic landscaping.

It begins with humility.

It begins by recognising that humans are only one species among millions sharing the same landscape.

“The built environment should not exist in opposition to nature,” she said. “It should become part of nature.”

One of the most captivating moments of her presentation came when she introduced her own research into the island’s ancient sacred geography.

Using digital mapping and satellite imagery, Jayewardene demonstrated the remarkable alignment of Sri Lanka’s four original Saman Devalayas, whose axes converge on Sri Pada, historically known as Samanthakuta.

The extraordinary precision of these alignments, she argued, raises profound questions about the scientific and surveying capabilities of ancient Sri Lankan civilisation.

“What kind of technology enabled them to achieve this?” she asked the audience.

Her purpose was not to offer speculative answers but to challenge deeply ingrained assumptions that ancient societies lacked scientific sophistication.

“We often underestimate what our ancestors knew,” she said. “Yet the evidence around us tells a very different story.”

That forgotten knowledge, she argued, extended well beyond engineering.

It shaped an entire philosophy of living with the landscape rather than imposing human will upon it.

Displaying photographs from archaeological sites including Ritigala, ancient monasteries and rock pavilions hidden within Sri Lanka’s forests, Jayewardene illustrated how builders carved steps around natural boulders, integrated structures into existing rock formations and preserved the contours of the land.

Modern construction, she suggested, would almost certainly have bulldozed those landscapes into submission.

“Our ancestors honoured the land,” she said. “They accepted the landscape instead of trying to conquer it.”

For Jayewardene, that principle remains the foundation of every project she undertakes.

She described environmental architecture as an exercise in listening rather than commanding.

Every site, she explained, possesses its own identity, ecological history and natural rhythm.

The responsibility of the architect is to understand that identity before attempting to intervene.

“The land tells you what it wants to become,” she said.

Throughout the presentation, one word repeatedly surfaced—context.

Without understanding context, she argued, architecture becomes little more than sculpture.

Good design cannot be copied indiscriminately from one country to another or even from one district to another.

Climate differs.

Rainfall differs.

Vegetation differs.

Wildlife differs.

Culture differs.

Even the stories associated with landscapes differ.

All of these, Jayewardene insisted, must shape architecture.

“When I speak about inhabitants, I don’t mean only human beings,” she explained.

“The birds, insects, reptiles, mammals, trees and every living organism already occupying that land must become part of the design equation.”

This broader understanding forms the basis of what she describes as non-human-centred design—an approach that rejects the notion that cities exist exclusively for people.

Instead, landscapes should provide refuge for biodiversity while simultaneously serving human communities.

It is an idea that resonates strongly at a time when rapid urbanisation continues to erode habitats across Sri Lanka.

Jayewardene also challenged prevailing attitudes towards development itself.

Too often, she argued, “development” has become synonymous with replacing natural systems by concrete infrastructure.

She questioned whether flattening hillsides, redirecting streams and clearing vegetation can genuinely be described as progress.

In her view, genuine development should first ask what ecological value already exists before deciding what should be built.

One of the simplest yet most profound examples she offered concerned water.

“I always say it is acceptable to interrupt water,” she remarked. “But never disrupt it.”

That distinction reflects an ecological understanding often absent from conventional engineering.

Natural drainage systems, she warned, perform countless functions that remain invisible until they are damaged.

Floods, soil erosion, biodiversity decline and even changes in local climate frequently follow.

“We disrupt far more than water,” she said. “We disrupt entire ecological relationships.”

Equally significant was her distinction between degraded brownfield sites and relatively untouched greenfield landscapes.

Brownfield sites require ecological restoration, rehabilitation and renewal.

Greenfield sites demand restraint.

Minimal intervention, she argued, is often the highest form of environmental design.

The keynote found an appropriate setting within Dilmah Conservation’s own efforts to restore degraded urban landscapes.

Earlier in the programme, Rishan Sampath of Dilmah Conservation outlined the organisation’s transformation of an abandoned industrial property in Moratuwa into a flourishing urban forest containing over 300 tree species and more than 1,000 individual plants.

Scientific studies conducted within the restored forest have already demonstrated improvements in air quality compared with adjoining urban roads, providing measurable evidence that biodiversity restoration can improve city life.

For Jayewardene, such initiatives represent far more than beautification projects.

They demonstrate that ecological restoration can become a guiding philosophy for future urban planning.

Her address ultimately became a call to rethink humanity’s place within nature.

Architecture, she argued, should no longer celebrate domination over landscapes.

It should celebrate coexistence.

Every building should strengthen biodiversity.

Every development should restore ecological balance.

Every designer should ask not merely how a project serves people, but how it serves life itself.

As the audience left the hall, they carried with them more than architectural ideas.

They carried a challenge

To question inherited assumptions.

To rediscover indigenous ecological wisdom.

And to recognise that Sri Lanka’s greatest contribution to global sustainability may not lie in importing new environmental models, but in rediscovering the timeless principles embedded within its own civilisation.

For Sunela Jayewardene, the future will not be secured by building more impressive skylines.

It will be secured when humanity learns once again to build gently, intelligently and respectfully—allowing architecture to become not an act of conquest, but an expression of coexistence.

By Ifham Nizam

Continue Reading

Features

Colombia’s “back-to-back queen”

Published

on

Beyond modelling, Colombia’s Katherine Castaño, who captured the crown at the Top Model of the World 2026, in Egypt, is also a TV host, entrepreneur and social media influencer.

She’s based in Miami, Florida right now — a hub for fashion and influencer work — a city she calls home base, while representing Colombia on the world stage.

Her Miami base gives her access to fashion, entertainment, and business networks, while her title keeps Colombia front and centre in the global modelling conversation.

Off the runway, she says she enjoys singing, playing the piano, and tennis.

Katherine didn’t make the trip to Egypt as a newcomer. She’s built a strong international portfolio before winning the crown.

In fact, her résumé reads like a fashion passport: Colombia Moda, New York Fashion Week, Miami Swim Week, Miami Fashion Week, Nicaragua Diseña, IXEL Moda, and Mercedes-Benz San José.

On June 8, 2026, Katherine Castaño was crowned by outgoing winner Natalia Garizabal Vera, also of Colombia. That gave Colombia a historic back-to-back victory — the first time any country has done it in the competition’s history, and Colombia’s 4th win overall.

As Top Model of the World 2026, Katherine’s reign is centred on elevating her profile as a model, influencer, and entrepreneur.

She’s built a personal brand around beauty, ambition, style, and professionalism, with strong reach across fashion, social media, and business.

As titleholder, she’s now the face of the pageant’s international fashion platform, representing Colombia globally, while based out of Miami.

Ahead of the competition she was clear about the stakes: “This is bigger than me. This is for my country. This is for the story I’m here to write… And I’m not going quietly… we’re going for that back to back.”

As the reigning titleholder, Katherine Castaño’s role extends far beyond the sash. She’s using the platform to grow her brand as a model, influencer, and entrepreneur rooted in “beauty, ambition, style, and professionalism”.

She will also be doing runway shows, photoshoots, brand appearances, and fashion events.

Sri Lanka’s representative at this pageant was NetalieWithanage.

Continue Reading

Trending