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Editorial

National List: convenient for political parties, gravy for those appointed

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Business tycoon Dhammika Perera’s swearing last week as a National List MP of the Sri Lanka Podujana Peramuna (SLPP) evoked a great deal of interest for a number of self-evident reasons. Among these was that fact that he has publicly claimed to be the country’s biggest taxpayer. This has been seen on youtube by hundreds of thousands of viewers. Whether Perera claimed this in his personal capacity or whether it included the companies he controls – and there are a great many of them both listed and unlisted – has not been clarified. Apart from that claim, it is very well known that he is a major shareholder in a clutch of listed companies including the Hayleys conglomerate, the thriving ceramics sector (Royal Ceramics, Lanka Tiles, Lanka Walltiles etc), his own Vallibel Group together with LB Finance, one of the country’s biggest finance companies. He also owns significant stakes in the banking sector. On top of that are his interests in the gambling industry in which the foundation of his fortune lies.

The SLPP’s decision to nominate Perera to fill the vacancy created by the resignation of ruling clan sibling, Basil Rajapaksa, was challenged in the Supreme Court by the Center for Policy Alternatives and some other petitioners. They included a former Chairman of the Ceylon Chamber of Commerce, Mr. Chandra Jayaratne, who has post-retirement been a vigorous public interest activist. As many as five fundamental rights actions challenging Perera’s appointment were filed after his appointment was gazetted by the Elections Commission. Last Monday he undertook before a three-judge bench of the Supreme Court that he would not take his oaths as a Member of Parliament until the court had reached a determination on the actions before it. The court ruled in Perera’s favour by a divided decision. He is now an MP and likely to take a cabinet seat in a new Ministry of Technology and Investment Promotion created for him. Many subjects, previously covered by the President, have been assigned to this ministry.

Perera has not been sworn a minister at the time this commentary is being written. He has been quoted in the media saying that he expects a “suitable ministry” saying that he headed by Board of Investment during civil war – he was also Secretary Transport under the Mahinda Rajapaksa presidency – and that he was confident of providing solutions during the current crisis as well. The NewsWire website quoted him saying “at a time when people are losing jobs, I have entered Parliament to create job opportunities.” Whether an appeal is possible against the determination of the Supreme Court, generally considered as final, is still an open question. It has been speculated whether the petitioners will seek a hearing by a fuller bench in the light of their success in convincing one of three judges may be pursued. For this to be possible, the order made in Perera’s favour must be studied. The word on Friday was that this had not yet been done and requires further examination once the court order, dictated on the bench, is available.

However that be, questions now arise on the value of the 30 MPs appointed to Parliament on the National Lists of the various parties running for election. During the early post-Independence years, then Ceylon had six Appointed MPs to represent “unrepresented interests” in the 101-Member Legislature. Under this arrangement, MPs were appointed from communities like the so-called ‘estate Tamils’ disenfranchised by the first Parliament, Burghers, Malays and even British interests of that time. Older readers may remember that Mrs. Bandaranaike appointed the well known paediatrician, Dr. L.O. Abeyratne to Parliament to represent the country’s children. Previously, Mr. SWRD Bandaranaike appointed Mr. Asoka Karunaratne on a caste basis. All that, of course, is now water under the bridge. Today we have as many as 30 National List MPs and it would be difficult, with the exception of Mr. Lakshman Kadirgamar, to find anybody who had adorned parliamentary benches in a National List capacity. The existence of these positions have almost exclusively served narrow interests of political parties and their leaders.

The primary ground of the challenge on Dhammika Perera’ s appointment lies in article 99A of the Constitution. This says that the Commissioner of Elections shall by notice requite the secretary of a recognized political party or an independent group that secures National List places at a general election to nominate persons to be appointed (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or any other nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as Members of Parliament the persons so nominated. (Emphasis added). Dhammika Perera does not belong to either such category. The Island editorially commented last Thursday (June 23) that there is a serious discrepancy between a section of the Parliamentary Election Act No. 1 of 1981 and some provisions of the Constitution governing National List appointments. These have been permitted to long continue.

Field Marshal Sarath Fonseka entered Parliament on the UNP National List having run for election under the banner of another party. Mr. Ratnasiri Wickremanayake, who subsequently served as prime minister, entered Parliament on a UPFA National List slot without his name being on that party’s National or any other nomination paper, filling a vacancy created by a resignation. This was challenged (also by the CPA) but not taken up by the Sarath Silva Supreme Court for three years and was eventually withdrawn. There is no escaping the conclusion that the National List serves as an instrument of convenience for political parties and a source of gravy for those appointed under it. Should it continue?



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Editorial

Zimbabwe, here we come?

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Monday 6th July, 2026

President Anura Kumara Dissanayake’s recent attempt in Parliament to defuse the ongoing controversy over his government’s plan to extend the retirement ages of the judges of the Supreme Court (SC) and the Court of Appeal (CA) has been in vain. He spoke at length, offering excuses for his failure to initiate action to fill judicial vacancies, but they did not sound convincing. They have only prompted the Bar Association of Sri Lanka (BASL) and other lawyers’ associations to reiterate their opposition to the prospect of a constitutional amendment being moved to raise the retirement ages of the SC and CA judges.

Addressing a public forum, on Saturday, BASL President Rajeev Amarasuriya reiterated his association’s opposition to the proposed move to change the SC and CA judges’ retirement ages arbitrarily. The BASL’s position has been endorsed by several legal associations, including the Colombo Law Society, the Colombo High Court Lawyers’ Association (CHCLA), LAWASIA, and the Commonwealth Lawyers’ Association (CLA).

CLA President Steven Thiru has gone to the extent of warning that Sri Lanka risks repeating Zimbabwe’s judicial crisis if it goes ahead with its controversial plan to extend the retirement ages of sitting superior court judges arbitrarily. Stating that the CLA did not object to the extension of the mandatory retirement age of judges, given changing demographic realities, Thiru pointed out that the danger lay in the politicised context and particularised application of the proposed move by the sitting executive and the legislature to alter the tenure of a few judges. He stated that Sri Lankan leaders had to heed “the sobering lesson of the Zimbabwean crisis; when a ruling government alters the rules of judicial longevity mid-stream, the damage to the legal fabric is severe. “If Sri Lanka proceeds with an ad hoc, non-transparent extension of Superior Court judges’ tenure without a broad consultative process, it risks plunging its legal system into a similar crisis of legitimacy,” he warned, noting that a structural policy matter must not be perceived as a personalised intervention; to do so would fundamentally invite public cynicism, compromise the appearance of judicial neutrality and shatter the very institutional stability that is to be protected.”

It is hoped that the JVP-NPP government will heed the concerns of lawyers’ associations, abandon its plan at issue and ensure that constitutional reforms follow proper consultation, without undermining judicial independence or public confidence in the judiciary. The JVP/NPP came to power promising a new Constitution and not politically motivated piecemeal constitutional amendments. It said in its election manifesto, inter alia, “A new constitution will be drafted and passed through a referendum with necessary changes, if any, after going through a public discourse” (A Thriving Nation: A Beautiful Life, 2024, p. 109).

As the CHCLA, in a letter to President Dissanayake, has rightly pointed out, “the Judicial Service of Sri Lanka is constituted by officers who ascend through a rigorous hierarchy … This progression is not merely a career ambition; it is a legitimate expectation, recognised and protected by the principles of natural justice and the law governing public service. Officers of the Judicial Service plan their professional and personal lives around the reasonable anticipation of such advancement.” The CHCLA’s views deserve serious consideration.

Meanwhile, Chief Justice Preethi Padman Surasena, addressing a group of newly recruited Magistrates, at Sri Lanka Judges’ Institute, recently, stressed the need for judicial officers to do their best to preserve public confidence in the judiciary. A country could be destroyed by a bad judiciary in the same way it could be devastated by natural disasters, the Chief Justice said, stressing the need to safeguard the integrity, independence and dignity of the judiciary. His message was loud and clear.

However, some factors that erode public confidence in the judiciary are beyond the control of judges. The alleged government move to extend the retirement ages of the judges of the SC and the CA is a case in point. It is widely seen as an instance of political interference with the judiciary. One can only hope that the Sr Lankan legal fraternity and international lawyers’ associations will be able to knock some sense into the JVP-NPP government, and prevent this country from facing the same fate as Zimbabwe, where a serious constitutional crisis erupted in 2021, when its Constitution was arbitrarily amended to change the judges’ retirement ages. That issue raised broader concerns about the separation of powers and judicial independence. The constitutional amendment undermined public confidence in courts and amounted to political interference with the judiciary. Another crisis is the last thing Sri Lanka needs at this juncture.

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Editorial

Income status: Reality and challenges

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The World Bank’s annual income reclassification, which takes effect every July 1, has placed Sri Lanka, Vietnam, the Philippines, Jordan and the Pacific state of Micronesia in the upper-middle income bracket.

Sri Lanka’s elevation to the upper-middle income status has gladdened many a heart. It is no mean achievement for a country emerging from a crippling economic crisis that led to foreign currency reserves woes, shortages, queues, prolonged power cuts, a steep rise in inflation, and unprecedented political upheavals. However, one should not lose sight of the fact that although the reclassification is a marker of resilience, Sri Lanka only narrowly crossed the threshold, according to economic analysts.

Sri Lanka will now face some challenges. The upper-middle income status generally indicates economic progress and can help improve investor confidence, which Sri Lanka perhaps needs more than anything else to rebuild its forex reserves and be ready to resume foreign debt repayment in earnest. However, a higher income category could reduce Sri Lanka’s access to concessional loans, grants and some forms of international assistance. Commercial borrowing generally carries higher interest rates and shorter repayment periods than concessional development loans.

Trade preference schemes such as the EU’s GSP and GSP+ have stood developing countries, such as Sri Lanka, in good stead. These trade concessions are based on specific eligibility criteria, not income classification alone, but moving into higher income categories can eventually affect eligibility under some preferential trade arrangements, as some economists have pointed out. There’s the rub.

The biggest challenge for Sri Lanka is to ensure that its economy will become more productive, competitive and resilient so that it can lessen its dependence on international assistance, with the help of sustainable growth and investment, as countries like Vietnam have done.

Policymakers should reflect on the state of the economy and ordinary Sri Lankans’ lot, which has not improved despite the country’s income classification upgrade. Such categorisations based on credible data may be technically sound and useful in making economic decisions, but they cannot be considered realistic and reliable yardsticks where the wealth distribution is concerned.

The upper-middle income status usually masks inequality. There are economic tools to gauge income inequality, which affects social stability, poverty levels, and access to education and healthcare, but they too have limitations. It is imperative that the issue of income inequality be addressed as a matter of national priority.

Sri Lanka faced an economic crisis in 2022, despite a previous income classification upgrade, mainly because it did not get its macroeconomic fundamentals right, and acted in a reckless manner. True, the Easter Sunday terror attacks and the Covid-19 epidemic took a heavy toll on the economy, but Sri Lanka would have been able to overcome their impact if its economic imperatives had not been subjugated to the political agenda of the government in power at that time.

If action had been taken to prevent a sharp drop in state revenue by keeping taxes at a realistic level and rationalising pandemic relief while seeking IMF assistance at the first signs of trouble, the economy may have been able to withstand internal and external shocks without going into a tailspin.

Sri Lanka should emulate Vietnam, whose income classification upgrade follows a different track and is a story of growth. Vietnam’s gross national income per capita exceeded the USD 4,636 threshold because of manufacturing export growth. Its GDP expanded at approximately 8 percent in 2025, driven by electronics and consumer goods assembly. Vietnam has reportedly set an ambitious goal of achieving the coveted high-income status by 2045. Sri Lanka, too, should raise the bar for itself and work towards achieving its economic goals.

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Editorial

Reward cops, probe Excise officers

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Saturday 4th July, 2026

The Police Department has its fair share of rogue elements who have brought the law enforcement authorities into disrepute and make them get bad press. But the police are not short of personnel who even go above and beyond the call of duty to nab lawbreakers and ensure public safety. Sadly, their good work often goes unappreciated.

Unit 2 of the Western Range (North) has done the police proud. On 28 June, its men and officers raided a house in Malabe, where illicit liquor was bottled, and arrested six suspects with as many as 18,000 bottles of illicit liquor.

The bottles of counterfeit arrack complete with security stickers and ready for distribution were virtually indistinguishable from the genuine products, according to investigators. Nobody knows how many bottles of counterfeit arrack had been produced there and how injurious the illicit brew is to health.

Under interrogation, the suspects revealed that the illicit brew had been distributed in the Eastern Province. On Thursday, the police team that conducted the Malabe raid rushed to Batticaloa, where they seized a large number of bottles of illicit liquor transported from Malabe. The police officers who took part in the raid deserve praise.

While the police were busy packing the bottles of illicit brew taken into custody and doing necessary paperwork, a group of Excise officers materialised, and claimed that the police had made a documentation error. Their intervention led to a recount of the bottles of counterfeit liquor in custody, but the allegation turned out to be baseless. Obviously, the Excise Department personnel did not take kindly to the police raid.

One of the police officers told the Excise officers some home truths, one being that the police were doing what the Excise Department should have done. One cannot but agree with him.

The police had to move in as the Excise officers had failed to carry out their duties and functions. The latter should have been able to trace the untested brew transported and sold illegally in liquor outlets in the East. It is possible that the Malabe brew, as it were, was distributed in other parts of the country as well.

Illicit liquor has claimed many lives in this country during the past several years and therefore the brew, seized in Malabe and in some parts of the Eastern Province, must be tested urgently to see if it contains harmful substances. One may recall that in January 2026, six people died in Wennappuwa after consuming arrack purchased from a licensed liquor outlet. Such tragedies occur due to contamination, counterfeit infiltration and supply-chain frauds.

As for the police raids in Malabe and the East, there is reason to believe that so many bottles of illicit liquor could not have been distributed and sold in licensed outlets, unbeknownst to the Excise Department personnel, who are paid with public funds to keep a watchful eye on liquor retailers, among others, and act on any transgressions. That the police had to do their job is an indictment of the Excise officers, especially those under whose nose the illicit brew was sold in the East.

A member of the police team which conducted the raid in the East has asked how the security stickers meant for the legally produced bottles of liquor got into the wrong hands. A thorough investigation should be conducted to ascertain whether Excise officers were involved in the liquor racket and why they confronted the police in the East instead of cooperating.

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