Features
Full implementation of 13A– Final solution to ‘national problem’ or end of unitary state? – Part IX
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part VIII of this article appeared yesterday (09)
After Mahinda Rajapaksa became President in 2005, I sent him a letter, as the Executive Director of the Lawyers for Human Rights, narrating this experience and explaining this plight of educated jobless youth in the North and requesting him to appoint them as teachers to all the Sinhala schools in the country to teach Tamil to children, at the same time appointing Sinhala youth to all the Tamil schools to teach Sinhala to Tamil children. This would certainly have resulted in bringing about a better understanding between the Sinhala and Tamil communities. There was not even an acknowledgement of the receipt of this letter.
When Prof. G. L. Peiris was appointed Minister of Education in Gotabhaya Rajapaksa government in 2019, I again made this request. He highly appreciated the suggestion and expressed his desire in public to give effect to it. But before he could take any practical steps, his Ministry was changed.
Tamil politicians do not like Sinhala people learning Tamil or Tamil people learning Sinhala. They know that if the Sinhala and Tamil people can communicate with each other overcoming this language barrier, they cannot hoodwink the Tamil people and keep them under their domination. The demands made by Tamil Political parties are not those of the ordinary Tamil People. They are the demands of high caste elitist circles in Tamil society leading the Tamil political parties with the dream of setting up the separate state of Tamil Ealam in the North and the East of Sri Lanka and governing it. It was they who provided the leadership, remaining behind from the scene, to the Tamil youth to carry on the 30-year war, giving effect to the Vaddukkodai Resolution of 1976.
If President Wickremesinghe actually thinks that he can bring about real national unity, harmony and national reconciliation among the Sinhala and Tamil People by acceding to the demands of the Tamil political parties in the North and the East, he is only day-dreaming. When he talks of the common dream of Sampanthan and his, he knows what the dream of Sampanthan is. He is playing a political game to get the support of Tamil diaspora for his economic revival plans. With his proposals placed before the All-Party Conference in Parliament on August 8, he is only laying the groundwork to enable Sampanthan to achieve his cherished goal of setting up a federal state in the merged North -East functioning under a unitary label. He cannot be unaware of what will be the final outcome of this process. As shown by his past political decisions, it is compatible with his thinking.
As shown by the results of the Presidential elections of 2019, the thinking of Wickremesinghe and that of the Leader of the Opposition Sajith Premadasa and his Samagi Jana Balavegaya appears to be the same. (See Table)
At the 2019 presidential election, the TNA consisting of all the Tamil political parties and led by Sampanthan forwarded 13 demands to the candidates of major political parties, extending their support to the one who accepted them. From the preamble and the first demand in the list appearing below, one can get a clear idea of as to the solution these Tamil political parties are seeking for the Tamil National Question:
‘‘Having realized that the final solution to the long standing Tamil Ethnic issue, which has remained in the Island of Sri Lanka as an unresolved National Question for several decades and been the cause for the war which extended for over three decades, would be the – (1) Acceptance of the political aspirations of the Tamil Nation; (2) Recognition of the Northern and Eastern Provinces as the historical habitat and the traditional homelands of the Tamil Nation: (3) Acknowledgement of the Sovereignty of the Tamil Nation and (4) Realisation of the fact that the Tamil People under the provisions of International Law are entitled to the right of self-determination, accordingly the creation of federal rule in the merged Northern and Eastern Provinces would be our considered stand-point.
‘‘With the hope of finding a final solution to problems of Tamil People the following demands were presented to Presidential candidates of major political parties:
‘‘ A solution to the Sri Lankan Tamil issue must be found by setting up a new federal constitution, rejecting the heretofore unitary constitution, accepting the nationhood of the Sri Lankan Tamils, and recognizing its sovereignty, and accepting that Tamils under the provisions of the International Law are entitled to the right of self-determination.’’
Premadasa or his party did not make any public statement as to whether he would accept these demands or not. However, the results in the districts constituting Northern and Eastern Provinces are a clear indication that Sajith Premadasa and his party had accepted these demands.
Premadasa won all the Districts in the Northern and Eastern Provinces represented by TNA MPs with an overwhelming majority of over 72% of the total votes cast. Out of his 69 million votes, Gotabaya Rajapakss got only 277,199 votes from all the five districts. There need not be any more proof of the understanding between the SJB and the TNA on these demands.
TNA spokesman M. A. Sumanthiran, in a statement issued on 01.08. 2023, following the discussions of the Tamil Political parties with the President stated all their demands in just one sentence: ‘‘Our position is that power sharing must be in a federal structure, consistent with the aspirations of the Tamil People expressed at every election since 1956.’’
Sumanthiran has taken care not to arouse fear in the minds of Sinhala people with unnecessary details of their discussion about their demands. He has summarised all their demands made since 1956 in this short sentence.
What are the aspirations of the Tamil People expressed at every election since 1956? A. Acceptance of Tamil People in Sri Lanka as a nation distinct from that of the Sinhalese; B. Northern and Eastern Provinces of Sri Lanka are the areas of traditional, historical habitation of the Tamil speaking people;
C. Merger of the Northern and Eastern Provinces to constitute one administrative unit;
D. Full devolution of power going beyond the 13th Amendment, creating a federal rule in the merged North – East Province;
E. The Tamil Nation has an inalienable right to political autonomy/self-determination.
As Sampanthan has repeatedly said on several occasions : ‘‘ Our expectation of a solution to the ethnic problem of the sovereignty of the Tamil people is based on a political structure outside that of a unitary government, in a united Sri Lanka in which Tamil people have all the powers of government needed to live with self-respect and self-sufficiency…. We must have unrestricted authority to govern our land, protect our own people, and develop our own economy, culture and tradition…
‘‘ We are not looking to divide the country. We are only trying to share power, the country will be one united, undivided, indivisible country….
‘‘ All the powers required to ensure the unity and indivisibility of the country – defence, foreign affairs, finance and currency and immigration and emigration – would remain with the Central Government….
‘‘ We must have all the other powers. Meaningful devolution should go beyond the 13th Amendment to the Constitution passed in 1987. ’’
Though Sampanthan has not expressed openly, there is one more aspiration specifically mentioned in the 13 demands of the TNA: ‘‘The inalienable right of the Tamil people under the provisions of the International Law to self-determination.’’ That is, in other words, the Right to declare unilateral independence and create a separate state at an opportune moment with international support.
Let us see what will happen to this country if President Wickremesinghe’s proposals made at the All-Party Conference are carried out:
According to the decisions of our Supreme Court, the Provincial Councils are already exercising federal powers. However, due to the executive power exercised by the President through the Governors and the Legislative power exercised by our Parliament to decide on National Policies and enact legislation on the subjects in the National List, the Provincial Councils have not become full federal states. With the implementation of the proposals of the President, the Provincial Councils will become full Federal States exercising sovereign legislative and executive power over all the subjects within their purview.
With the merger of the Northern and Eastern Provinces into one administrative unit, the North-East Provincial Council under TNA control, with only 12.6 % of the population of the country, will get the full control of 30% of the land area of Sri Lanka and 60% of its coast line extending from Silawathura in Mannar District to Yala boundary in the Moneragala District.
(a) Trincomalee, the strategically important, the largest natural deep-water harbour in the world and three other harbours – Mannar, Kankasanthurai and Oluvil; (b) Palali International Airport and 3 other internal Airports – Trincomalee, Batticaloa and Ampara; and (c) Indo – Lanka ferry services operating from Talaimannar and Kankasanthurai – will come under its control.
The North and the East are very rich in mineral resources. One of the world’s largest and best ilmenite deposits is at Pulmuddai. Pearl Fisheries are at Mannar. Though not exploited yet, explorations have discovered the existence of large deposits of oil and natural gas in the sea around the North – East Coast. The sea around the North – East is so rich in fishery resources, even the fishing community from areas like Negombo and Gandara and Tangalle in the South go to Mulathivu – Trinco areas for off-season fishing. All these resources will come under the sole control of the North – East Provincial Council. The Centre may not able to exercise any effective control over them, without going to clash with them. The other Provincial Councils do not have such abundance of natural resources.
One main allegation made by all the Tamil political parties against successive governments is the settlement of Sinhala people in the North – East under various development schemes like Galoya Scheme and Mahaweli. Let us see what they say: ‘‘ Successive Sinhalese governments since independence have used their political power to the detriment of the Tamils by making serious inroads into the territories of the former Tamil Kingdom by a system of planned and state-aided Sinhalese colonisation.’’ – (Vaddukkodai Resolution)
‘‘Sinhala colonisation in the Northern and Eastern Provinces presently with state assistance must be stopped immediately.
‘‘Since the Mahaweli Development Authority is engaged in planned Sinhala Colonization in the Northern Province under the pretext of redirecting of the Mahaweli River to the North, the jurisdiction of the said Authority must be forthwith terminated. Also the planned Sinhala Colonization taking place in the Eastern Province under the Mahaweli Development Scheme must also be terminated.
‘‘ The Moragaskanda Irrigation Scheme recently introduced is indulging in planned Sinhala Colonisation in the Vanni Region. All such Sinhala Colonization must forthwith be terminated.’’ – (13 Point Demands of TNA to Candidates of Presidential Election, 2019)
In their view the Sinhala People have no right to set up settlements and live in the Northern and Eastern Provinces. If they can make this type of demands when they have no State Power, what would not they do, if they get State Power into their hands? If these proposals are implemented, with Police Powers and Land powers in their hand, they can create a situation in which ‘‘those Sinhalese who are still living in the North and East, including those in Ampara and Trincomalee, would necessarily leave their lands and flee to the South.”
The bulk of the uncultivated arable land with irrigation facilities in the country is situated in the Northern and Eastern Provinces. All the other provinces are more thickly populated than the Northern and Eastern Provinces. Lack of arable land suitable for human settlement is a big problem these areas are facing. All the major reservoirs built under the Mahaveli Scheme and for hydropower generation are situated in the Central, Sabaragamuwa and Uva Provinces and hilly areas in these Provinces and in Kalutara, Galle and Matara districts are highly susceptible to landslides. Whenever there are heavy rains, several times a year, the Disaster Management Centre issues urgent warnings of landslides and the people in these areas have to live in constant fear. There is a danger of large number of people in these areas being displaced due to these natural disasters.
However, the government of Sri Lanka will not be able to set up settlements for these people in any area in the North- East however much unoccupied arable land with irrigation facilities suitable for large scale human settlements available there.
As President J. R. Jayewardene said in his Address to Parliament in 1986: ‘‘If they are implemented, the TULF would have all but attained Eelam. It need hardly be said that even if the demand for a Tamil Linguistic State is granted, further problems and conflicts are bound to arise between that Tamil Linguistic State of the North and East and the Centre. Water, hydropower and the apportioning of funds are some of the areas in which conflicts could arise. A cause or pretext for a conflict on which to base a unilateral declaration of independence could easily be found. There can be little doubt that what the TULF seeks to achieve by its demands is the necessary infrastructure for a State of Eelam, after which a final putsch could be made for the creation of a State of Eelam, comprising not only of the North and East, but of at least the hill country and the NCP as well.”
According to the International Court Judgement in the case of East Timor vs Portugal, the North-East administration, with shared sovereignty, can make an application to the International Court for its recognition as a separate state where their sovereign right is denied by the Centre over a conflict. That is why the TNA and other Tamil political parties repeatedly raise the demand: ‘‘ Tamil People under the provisions of International Law are entitled to the right of self-determination.’’ As JR said they will create a conflicting situation with unreasonable demands that no sovereign state can grant, and on the pretext of that they will try to create Eelam. The implementation of President Wickremesinghe’s proposals is likely to facilitate the establishment of a separate state in the North East of Sri Lanka. They will be able to achieve with international support, what they could not achieve with 30 years of war. Former President Mahinda Rajapaksa and his Podu Jana Peramuna will have no right to brag about their achievements in the 30-year war, unless they are prepared to come forward to prevent this with effective measures. Otherwise, they will also be equally responsible for the impending disaster of destroying unity and territorial integrity of Sri Lanka. (Concluded)
Features
Civilizational dialogue proving a remote possibility as realpolitik rages
Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.
This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.
From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.
It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.
That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.
If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.
Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.
However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.
Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.
The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.
Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’
The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.
In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.
Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.
Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.
Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.
Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.
International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.
Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.
Features
Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment
by Shelton Dharmaratne
Sri Lanka has reached an important constitutional moment.
The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.
That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.
The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.
The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.
A narrower constitutional question than the political debate suggests
The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.
Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.
Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.
Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.
Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.
Those are legitimate policy considerations.
But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.
The real question is institutional
The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.
That is an institutional question, not an accusation against individual judges.
A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.
This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.
The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.
Legitimate objectives do not settle constitutional questions
The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.
Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.
A government is therefore entitled to propose reforms designed to improve judicial efficiency.
But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.
That is precisely why constitutional scrutiny matters.
The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.
The appropriate questions are straightforward:
Does extending judicial tenure strengthen the administration of justice?
What risks, if any, could it create for judicial independence?
Are adequate institutional safeguards in place?
Does the proposal operate prospectively, or does it affect judges already serving?
Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?
These questions can be examined rationally without attributing improper motives to either side.
Judicial vacancies and institutional confidence
Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.
Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.
Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.
The government has an opportunity to address these concerns constructively.
Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.
Seniority, merit and transparent criteria
The controversy also exposes a longstanding question concerning judicial appointments.
Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.
If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.
Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.
Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.
Institutional rules are stronger safeguards than assurances of good intentions.
The State is larger than any government
One principle deserves particular emphasis: a government is not the State.
Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.
The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.
For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.
The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.
That is not political weakness. It is constitutional maturity.
Public confidence is a constitutional asset
The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.
Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.
Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.
Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.
A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.
The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.
If a referendum arises …
If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.
The electorate should be given a clear constitutional question and sufficient information to assess it.
Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.
A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.
The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.
Beyond who wins
The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.
Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.
Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.
If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.
Neither side strengthens the country by assuming that the other is acting in bad faith.
The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.
Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.
Sri Lanka should instead seek a broader consensus around a fundamental proposition:
Judicial reform and judicial independence are not competing objectives.
The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.
That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.
The present controversy will eventually pass. Political arguments surrounding it will fade.
But constitutional arrangements can endure for decades.
That is why Sri Lanka must look beyond the immediate political contest.
The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.
Features
Farewell to a Fashion Icon
Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.
Her sudden demise has certainly come as a shock to many.
Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).
Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.
In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.
She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”
Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.
She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.
For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers
She trained hundreds of models for runway, photoshoots, auditions, and international pageants.
She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.
Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)
Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.
Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:
“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.
“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.
“Thank you once again.”
In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.
May she rest in peace. Our deepest condolences to her family, students, and all who loved her.
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