Features
NMSJ Proposals for a New Constitution – Part I
By Dr Jayampathy WickramaratnE
President’ Counsel
The government has stated that it will unveil its proposals for a new Constitution in the form of a legal text early next year. A committee, headed by Romesh De Silva PC, has been working on a new Constitution for more than a year. It is not known whether the committee report would also be published. Whether the draft is based solely on the report or whether the Government’s proposals have also been included is to be seen.
In the meantime, the National Movement for Social Justice (NMSJ) has unveiled its proposals on constitutional reform. The NMSJ, which the late Ven. Maduluwawe Sobitha Thera founded, has made a significant contribution to the debate on constitutional reform during its decade-long existence. Ven. Sobitha Thero was at the forefront of the campaign for the abolition of the executive presidency from the time it was installed in 1978 until he passed away in November 2015. He played an important role in the regime change of 2015 and, by his leadership, contributed to the Nineteenth Amendment to the Constitution. The late Thera was deeply disappointed that the Nineteenth Amendment was not up to his expectations.
The NMSJ’s proposals on selected aspects relating to democratic governance are a culmination of almost a year’s work. Several discussions open to all were held in cyberspace on various aspects of the Constitution. Experts were invited to present their proposals for reform, followed by long Q&A sessions. Draft proposals were circulated among NMSJ members, and a consensus was achieved. The NMSJ is now chaired by Karu Jayasuriya, former Speaker of Parliament. The writer has been associated with the NMSJ from almost its inception.
Constitutional Principles, Nature of the State, Sovereignty and Safeguards Against Secession
The NMSJ has proposed that a new Constitution set out certain basic constitutional principles. Following the South African post-apartheid Constitution, many new constitutions have included basic principles that would be considered when addressing constitutional issues or interpreting the Constitution. The NMSJ has proposed the following: human dignity, social justice, equality and the advancement of human rights and freedoms; non-racialism and gender equality; the supremacy of the Constitution and the rule of law; regular elections and a multi-party system of democratic government; and the assurance of accountability, responsiveness and transparency.
The description of the Sri Lankan state as ‘unitary’ in 1972 and its subsequent entrenchment in 1978 have impeded efforts at meaningful power-sharing. In constitutional theory, a unitary state is one in which the central government is supreme, and administrative divisions exercise only powers that the central government delegates. In short, there is only one ultimate source of state power. However, for many Sri Lankans, ‘unitary’ means ‘oneness’ or ‘one country’. The Sinhala word for ‘unitary’ is ‘ekeeya’, and ‘eka’ is ‘one’. Thus, changing the ‘ekeeya’ nature of the state is seen by some as ‘dividing’ the country.
Proponents of devolution argue that describing the Sri Lankan State as ‘unitary’ in the English version of the Constitution is undesirable for the reason that there exists a certain ‘unitary mindset’ in Sri Lanka according to which any issue that arises between the Centre and a Province is decided in favour of the Centre. They argue that while ‘unitary’ means in the classic sense that powers devolved may be withdrawn by the Centre by constitutional change, there have been instances of the legislature, executive and even the judiciary undermining devolution. They are agreeable to the use of the phrase ‘aekiya raajyaya’.
The Steering Committee of the Constitutional Assembly of the last Parliament considered the above mentioned claims and suggested a way out. The Committee stated: “The President whilst speaking on the Resolution to set up the Constitutional Assembly, stated that whilst people in the south were fearful of the word ‘federal’, people in the north were fearful of the word ‘unitary.’ A constitution is not a document that people should fear. The classical definition of the English term ‘unitary state’ has undergone change. In the United Kingdom, it is now possible for Northern Ireland and Scotland to move away from the union. Therefore, the English term ‘Unitary State’ will not be appropriate for Sri Lanka. The Sinhala term ‘aekiya raajyaya’ best describes an undivided and indivisible country.”
‘Orumiththa nadu’, the Tamil phrase for ‘aekiya raajyaya’ proposed by the Steering Committee, evoked controversy. The EPDP argued that ‘orumiththa nadu’ means, in essence, a ‘united state’ and suggested that the phrase used in the Tamil version of the 1978 Constitution ‘ottaiyadchi’ be used. The TNA claimed that ‘ottaiyadchi’ means ‘one government’ and not ‘one State’.
The NMSJ has proposed that the phrase ‘aekiya raajyaya’ be used in both the Sinhala and English versions and the correct term in Tamil be found and used in the Tamil version.
According to the NMSJ’s proposals, Sri Lanka would be an aekiya rajyaya, consisting of the institutions of the Centre and of the Provinces, which shall exercise power as laid down in the Constitution. An aekiya rajyaya is defined as a State which is undivided and indivisible and in which the power to amend the Constitution or to repeal and replace the Constitution shall remain with the national legislature and the People of Sri Lanka as provided in the Constitution. Sovereignty is in the People and is inalienable and includes the powers of government, fundamental rights and the franchise. The legislative, executive, and judicial power of the People shall be exercised as provided for by the Constitution.
Some fear that a Provincial Council might use its powers to move towards secession. To assuage such fears, the NMSJ has proposed that the Centre should have the power to intervene if there is a danger to the territorial integrity and sovereignty of the country. Accordingly, where a situation has arisen in which a provincial administration is promoting armed rebellion or insurrection or engaging in an intentional violation of the Constitution which constitutes a clear and present danger to the territorial integrity and sovereignty of the Republic, the Centre may by Proclamation assume all or any of the functions of the administration of the Province and, where necessary, dissolve the Provincial Council. To ensure that such power is not abused, it is proposed that the Centre give reasons for the exercise of the power, that Parliament should approve any such intervention and that an intervention should be subject to judicial review.
Legislature
The NMSJ has proposed a bicameral legislature composed of a Parliament and a Second Chamber suitably named. The term of Parliament shall be five years.
Parliament shall be dissolved by the President if Parliament passes a motion of no-confidence in the government or the Budget is defeated in or the Statement of Government Policy is defeated and a new government formed does not win a vote of confidence within 14 days. Parliament shall also be dissolved if a motion in the name of the Prime Minister to that effect, tabled with the agreement of the Leader of the Opposition and the leader of the third-largest party in Parliament, is passed. The President shall not dissolve Parliament other than in the above mentioned circumstances.
At present, a Member of Parliament who loses membership of the party or group on whose list s/he was elected consequently loses her/his seat in Parliament. But such Member may challenge the expulsion in the Supreme Court. In practice, however, such Members obtain injunctions from the District Court preventing any disciplinary proceedings and thereby frustrate the purpose of the anti-defection provision. This was sought to be remedied by the Nineteenth Amendment. Still, the proposed provision had to be withdrawn at the committee stage in Parliament due to the Opposition not being in favour. The NMSJ proposal is for the Supreme Court to have exclusive jurisdiction to hear and determine any matter relating to disciplinary action taken or proposed to be taken by any recognised political party or independent group against a Member of Parliament. No other court shall have the power to grant a writ, injunction, an enjoining order or any other relief, preventing, restraining or prohibiting any such action or proposed action.
The NMSJ points out that a second chamber of the legislature has been used in many countries as an instrument of power-sharing. Almost every country with devolution has such a chamber. A second chamber comprising representatives from the provinces would engender in the provinces a strong feeling that they too have a distinct role to play in the national legislature. It would function as a mechanism to rectify possible imbalances of representation in the lower house and also act as an in-built mechanism against hasty legislation and legislation that may have an adverse effect on the provinces.
The Second Chamber shall consist of 55 Members, each Provincial Council (PC) nominating five members based on a Single Transferable Vote, the method used under the Independence Constitution to elect Senators. As to who shall be members, two options have been given. Option 1: Members shall be persons of eminence and integrity who have distinguished themselves in public or professional life. Option 2: Members nominated will be PC members, including Provincial Ministers.
The Second Chamber shall not have the power to veto ordinary legislation. All Bills placed on the Order Paper of Parliament shall be referred to the Second Chamber to obtain its views, if any, before the Second Reading. A Bill seeking to make national policy or standards on a subject or matter in the Provincial Council List shall, however, be passed by the Second Chamber as well. The Second Chamber shall also exercise such oversight and other functions as may be prescribed by the Constitution or law. No Constitutional Amendment shall be enacted into law unless passed by both Parliament and the Second Chamber, with special (2/3) majorities.
(Next: The Executive and devolution)
Features
Cricket and the National Interest
The appointment of former minister Eran Wickremaratne to chair the Sri Lanka Cricket Transformation Committee is significant for more than the future of cricket. It signals a possible shift in the culture of governance even as it offers Sri Lankan cricket a fighting possibility to get out of the doldrums of failure. There have been glorious patches for the national cricket team since the epochal 1996 World Cup triumph. But these patches of brightness have been few and far between and virtually non-existent over the past decade. At the centre of this disaster has been the failures of governance within Sri Lanka Cricket which are not unlike the larger failures of governance within the country itself. The appointment of a new reform oriented committee therefore carries significance beyond cricket. It reflects the wider challenge facing the country which is to restore trust in public institutions for better management.
The appointment of Eran Wickremaratne brings a professional administrator with a proven track record into the cricket arena. He has several strengths that many of his immediate predecessors lacked. Before the ascent of the present government leadership to positions of power, Eran Wickremaratne was among the handful of government ministers who did not have allegations of corruption attached to their names. His reputation for financial professionalism and integrity has remained intact over many years in public life. With him in the Cricket Transformation Committee are also respected former cricketers Kumar Sangakkara, Roshan Mahanama and Sidath Wettimuny together with professionals from legal and business backgrounds. They have been tasked with introducing structural reforms and improving transparency and accountability within cricket administration.
A second reason for this appointment to be significant is that this is possibly the first occasion on which the NPP government has reached out to someone associated with the opposition to obtain assistance in an area of national importance. The commitment to bipartisanship has been a constant demand from politically non-partisan civic groups and political analysts. They have voiced the opinion that the government needs to be more inclusive in its choice of appointments to decision making authorities. The NPP government’s practice so far has largely been to limit appointments to those within the ruling party or those considered loyalists even at the cost of proven expertise. The government’s decision in this case therefore marks a potentially important departure.
National Interest
There are areas of public life where national interest should transcend party divisions and cricket, beloved of the people, is one of them. Sri Lanka cannot afford to continue treating every institution as an arena for political competition when institutions themselves are in crisis and public confidence has become fragile. It is therefore unfortunate that when the government has moved positively in the direction of drawing on expertise from outside its own ranks there should be a negative response from sections of the opposition. This is indicative of the absence of a culture of bipartisanship even on issues that concern the national interest. The SJB, of which the newly appointed cricket committee chairman was a member objected on the grounds that politicians should not hold positions in sports administration and asked him to resign from the party. There is a need to recognise the distinction between partisan political control and the temporary use of experienced administrators to carry out reform and institutional restructuring. In other countries those in politics often join academia and civil society on a temporary basis and vice versa.
More disturbing has been the insidious campaign carried out against the new cricket committee and its chairman on the grounds of religious affiliation. This is an unacceptable denial of the reality that Sri Lanka is a plural, multi ethnic and multi religious society. The interim committee reflects this diversity to a reasonable extent. The country’s long history of ethnic conflict should have taught all political actors the dangers of mobilising communal prejudice for short term political gain. Sri Lanka paid a very heavy price for decades of mistrust and division. It would be tragic if even cricket administration became another arena for communal suspicion and hostility. The present government represents an important departure from the sectarian rhetoric that was employed by previous governments. They have repeatedly pledged to protect the equal rights of all citizens and not permit discrimination or extremism in any form.
The recent international peace march in Sri Lanka led by the Venerable Bhikkhu Thich Paññākāra from Vietnam with its message of loving kindness and mindfulness to all resonated strongly with the masses of people as seen by the crowds who thronged the roadsides to obtain blessings and show respect. This message stands in contrast to the sectarian resentment manifested by those who seek to use the cricket appointments as a weapon to attack the government at the present time. The challenges before the Sri Lanka Cricket Transformation Committee parallel the larger challenges before the government in developing the national economy and respecting ethnic and religious diversity. Plugging the leaks and restoring systems will take time and effort. It cannot be done overnight and it cannot succeed without public patience and support.
New Recognition
There is also a need for realism. The appointment of Eran Wickremaratne and the new committee does not guarantee success. Reforming deeply flawed institutions is always difficult. Besides, Sri Lanka is a small country with a relatively small population compared to many other cricket playing nations. It is also a country still recovering from the economic breakdown of 2022 which pushed the majority of people into hardship and severely weakened public institutions. The country continues to face unprecedented challenges including the damage caused by Cyclone Ditwah and the wider global economic uncertainties linked to conflict in the Middle East. Under these difficult circumstances Sri Lanka has fewer resources than many larger countries to devote to both cricket and economic development.
When resources are scarce they cannot be wasted through corruption or incompetence. Drawing upon the strengths of all those who are competent for the tasks at hand regardless of party affiliation or ethnic or religious identity is necessary if improvement is to come sooner rather than later. The burden of rebuilding the country cannot rest only on the government. The crisis facing the country is too deep for any single party or government to solve alone. National recovery requires capable individuals from across society and from different sectors such as business and civil society to work together in areas where the national interest transcends party politics. There is also a responsibility on opposition political parties to support initiatives that are politically neutral and genuinely in the national interest. Not every issue needs to become a partisan battle.
Sri Lanka cricket occupies a special place in the national consciousness. At its best it once united the country and gave Sri Lankans a sense of pride and international recognition. Restoring integrity and professionalism to cricket administration can therefore become part of the larger task of national renewal. The appointment of Eran Wickremaratne and the new committee, while it does not guarantee success, is a sign that the political leadership and people of the country may be beginning to mature in their approach to governance. In recognising the need for competence, integrity and bipartisan cooperation and extending it beyond cricket into other areas of national life, Sri Lanka may find the way towards more stable and successful governance..
by Jehan Perera
Features
From Dhaka to Sri Lanka, three wheels that drive our economies
Court vacation this year came with an unexpected lesson, not from a courtroom but from the streets of Dhaka — a city that moves, quite literally, on three wheels.
Above the traffic, a modern metro line glides past concrete pillars and crowded rooftops. It is efficient, clean and frequently cited as a symbol of progress in Bangladesh. For a visitor from Sri Lanka, it inevitably brings to mind our own abandoned light rail plans — a project debated, politicised and ultimately set aside.
But Dhaka’s real story is not in the air. It is on the ground.
Beneath the elevated tracks, the streets belong to three-wheelers. Known locally as CNGs, they cluster at junctions, line the edges of markets and pour into narrow roads that larger vehicles avoid. Even with a functioning rail system, these three-wheelers remain the city’s most dependable form of everyday transport.
Within hours of arriving, their importance becomes obvious. The train may take you across the city, but the journey does not end there. The last mile — often the most complicated part — belongs entirely to the three-wheeler. It is the vehicle that gets you home, to a meeting or simply through streets that no bus route properly serves.
There is a rhythm to using them. A destination is mentioned, a price is suggested and a brief negotiation follows. Then the ride begins, edging into traffic that feels permanently compressed. Drivers move with instinct, adjusting routes and squeezing through gaps with a confidence built over years.
It is not polished. But it works.
And that is where the comparison with Sri Lanka becomes less about what we lack and more about what we already have.
Back home, the three-wheeler has long been part of daily life — so familiar that it is often discussed only in terms of its problems. There are frequent complaints about fares, refusals or the absence of meters. More recently, the industry itself has become entangled in politics — from fuel subsidies to regulatory debates, from election-time promises to periodic crackdowns.
In that process, the conversation has shifted. The three-wheeler is often treated as a problem to be managed, rather than a service to be strengthened.
Yet, seen through the experience of Dhaka, Sri Lanka’s system begins to look far more settled — and, in many ways, ahead.
There is a growing structure in place. Meters, while not perfect, are widely recognised. Ride-hailing apps have added transparency and reduced uncertainty for passengers. There are clearer expectations on both sides — driver and commuter alike. Even small details, such as designated parking areas in parts of Colombo or the increasing standard of vehicles, point to an industry slowly moving towards professionalism.
Just as importantly, there is a human element that remains intact.
In Sri Lanka, a three-wheeler ride is rarely just a transaction. Drivers talk. They offer directions, comment on the day’s news, or share local knowledge. The ride becomes part of the social fabric, not just a means of getting from one point to another.
In Dhaka, the scale of the city leaves less room for that. The interaction is quicker, more direct, shaped by urgency. The service is essential, but it is under constant pressure.
What stands out, across both countries, is that the three-wheeler is not a temporary or outdated mode of transport. It is a necessity in dense, fast-growing Asian cities — one that fills gaps no rail or bus system can fully address.
Large infrastructure projects, like light rail, are important. They bring efficiency and long-term capacity. But they cannot replace the flexibility of a three-wheeler. They cannot reach into narrow streets, respond instantly to demand or provide that crucial last-mile connection.
That is why, even in a city that has invested heavily in modern rail, Dhaka still runs on three wheels.
For Sri Lanka, the lesson is not simply about what could have been built, but about what should be better managed and valued.
The three-wheeler industry does not need to be politicised at every turn. It needs steady regulation — clear fare systems, proper licensing, safety standards — alongside encouragement and recognition. It needs to be seen as part of the solution to urban transport, not as a side issue.
Because for thousands of drivers, it is a livelihood. And for millions of passengers, it is the most immediate and reliable form of mobility.
The tuk-tuk may not feature in grand policy speeches or infrastructure blueprints. It does not run on elevated tracks or attract international attention. But on the ground, where daily life unfolds, it continues to do what larger systems often struggle to do — show up, adapt and keep moving.
And after watching Dhaka’s streets — crowded, relentless, yet functioning — that small, three-wheeled vehicle feels less like something to argue over and more like something to get right.
(The writer is an Attorney-at-Law with over a decade of experience specialising in civil law, a former Board Member of the Office of Missing Persons and a former Legal Director of the Central Cultural Fund. He holds an LLM in International Business Law)
by Sampath Perera recently in Dhaka, Bangladesh
Features
Dubai scene … opening up
According to reports coming my way, the entertainment scene, in Dubai, is very much opening up, and buzzing again!
After a quieter few months, May is packed with entertainment and the whole scene, they say, is shifting back into full swing.
The Seven Notes band, made up of Sri Lankans, based in Dubai, are back in the spotlight, after a short hiatus, due to the ongoing Middle East problems.
On 18th April they did Legends Night at Mercure Hotel Dubai Barsha Heights; on Thursday, 9th May, they will be at the Sports Bar of the Mercure Hotel for 70s/80s Retro Night; on 6th June, they will be at Al Jadaf Dubai to provide the music for Sandun Perera live in concert … and with more dates to follow.
These events are expected to showcase the band’s evolving sound, tighter stage coordination, and stronger audience engagement.
With each performance, the band aims to refine its identity and build a loyal following within Dubai’s vibrant nightlife and event scene.

Pasindu Umayanga: The group’s new vocalist
What makes Seven Notes standout is their versatility which has made the band a dynamic and promising act.
With a growing performance calendar, new talent integration, and international ambitions, the band is definitely entering a defining phase of its journey.
Dubai’s music industry, I’m told, thrives on diversity, energy, and audience connection, with live bands playing a crucial role in elevating events—from corporate shows to private concerts. Against this backdrop, Seven Notes is positioning itself not just as another band, but as a performance-driven musical unit focused on consistency and growth.
Adding fresh momentum to the group is Pasindu Umayanga who joins Seven Notes as their new vocalist. This move signals a strategic upgrade—not just filling a role, but strengthening the band’s front-line presence.
Looking beyond local stages, Seven Notes is preparing for an international tour, to Korea, in July.

Bassist Niluk Uswaththa: Spokesperson for Seven Notes
According to bassist Niluk Uswaththa, taking a band abroad means: Your sound must hold up against unfamiliar audiences, your performance must translate beyond language, and your discipline must be at a professional level.
“If executed well, this tour could redefine Seven Notes from a local band into an emerging international act,” added Niluk.
He went on to say that Dubai is not an easy market. It’s saturated with highly experienced, multi-genre bands that can adapt instantly to any crowd.
“To stand out consistently you need to have tight rehearsal discipline, unique sound identity (not just covers), strong stage chemistry, audience retention – not just applause.”
No doubt, Seven Notes is entering a critical growth phase—new member, multiple shows, and an international tour on the horizon. The opportunity is real, but so is the pressure.
However, there is talk that Seven Notes will soon be a recognised name in the regional music scene.
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