Features
“Perspectives on Constitutional Reform in Sri Lanka”
Editors: Hiran W Jayewardene and Sharya Scharenguivel
Published by the International and Comparative Law Society 2021.
Reviewed by Neville Ladduwahetty
The publication of a book on Constitutional Reform containing the perspectives of eminent contributors recognized for their expertise on the subject at a time when there is an ongoing process set up to develop a new Constitution in Sri Lanka is a valuable and necessary contribution to the Constitution making process. As is usual, the book starts with a Foreword, followed by a Preface. However, what is unusual is the material in the Prologue that follows.
It starts with a personal background of the first Executive President of Sri Lanka, J.R. Jayewardene, as being a lawyer with a legacy of five generations of lawyers and proceeds to incorporate his “THOUGHTS ON CONSTITUTIONALISM”. This section covers the evolution of Constitutional Reform in Sri Lanka starting with the Donoughmore and Soulbury Constitutions, and explains the influences that made him an advocate of the presidential form of government in preference to the parliamentary system.
It then records the historical development associated with the adoption of a presidential system and how President Jayewardene defended its merits as being the most appropriate form of government for a developing country. The Prologue also gives the key features of the 1978 Constitution. Another noteworthy feature is the presentation of an overview of the perspectives of all the contributors to this volume, thus enabling the reader to gain a broad outline of their perspectives without having to labour through each contributor’s views individually.
One fact that should be borne in mind is that however progressive are the constitutional reforms and however independent institutions such as the judiciary and other key institutions are, their service to the public depends not on the written words in their respective instruments, but in the integrity and commitment of those who make them meaningful.
The perspectives of 22 contributors are presented under seven sections. The majority, if not all of them, are lawyers. I am not a lawyer. However, the majority of us are affected by the perspectives expressed by them when they become part of the constitution under which we are governed. Therefore, there is a relevance that the perspectives presented are reviewed from such a source.
PRESIDENTIAL v. PARLIAMENTARY SYSTEMS
Prior to addressing issues relating to Constitutional Reforms, there is a need to make the hard choice between the two fundamental Constitutional Systems, namely Presidential as at present or Parliamentary as it was in the past. It is only after making such a fundamental choice that one could proceed to explore the reforms that should be introduced to make its provisions best serve the interests of “We the People”.
Bearing in mind that the most cherished interest of the People is stability and security above all else, the choice that needs to be made is whether the Presidential or Parliamentary System would better equip the State to serve the primary interests of the People. While some contributors have addressed the pros and cons of each system and even gone to the extent of expressing their preferences, they have failed to take into account the context in which either system has to operate.
There are however, a few caveats that must be borne in mind when making the choice. The first is to recognize the context in which such a choice is made. The context in particular, is that although the United National Party and the Sri Lanka Freedom Party are the two major political parties to represent the People, neither is capable of mustering a majority to form a government. As a result, governments formed are invariably coalitions made up of several small parties that represent parochial interests. Consequently, policy decisions are compelled to operate within the constraints imposed by the narrow interests of these coalition partners.
The second is the recognition that the Legislative and the Executive are not separated under the parliamentary system of governance. Consequently, it is the supremacy of Parliament that makes the Executive represented by the Prime Minister and Cabinet of Ministers responsible to Parliament. However, the fact that both the Legislature and Executive need to function as one body, the stability of Parliamentary Systems is dependent on the solidarity of the Coalition; a fact which historically has not been known as an arrangement for stability, both in Sri Lanka and elsewhere.
On the other hand, the Legislature and the Executive are separate under the recognized principle of Separation of Powers in Presidential Systems. This separation of power reinforced by elections to each branch separately means that even if the stability of the Legislature is tenuous, the Executive remains intact to serve the urgent needs of the People even during a crisis. Despite this advantage as far as the people are concerned, the disadvantage is that fresh legislation is not possible if the political ideologies governing the Legislature are different to that of the Executive; a fact that was highlighted during the debates as the primary reason for rejecting Presidential Systems for governance. However, even under such circumstances compromises by each branch would not only make legislative outcomes more representative of the People, but also may even turn out to be more progressive.
The other criticism often cited is that presidential systems tempt authoritarianism arising from the fact that all Executive power of the People is exercised by one individual. While this is inevitable with presidential systems under separation of power, a rational way out is for Oversight Committees of Parliament to review Executive action through appointed Executives. However, authoritarianism could also exist under Parliamentary Systems as well, depending on the backing the Prime Minister has in Parliament as evidenced in other countries and admitted as a possibility in the Book.
An issue that has not received the attention it deserves and therefore should be part of the reform process is the uniqueness of the presidential system that exists in Sri Lanka. Despite the separation of powers enlarged in Article 4 of the 1978 Constitution, the accommodation of some Members of Parliament who essentially are members elected to the Legislature to also serve in the Executive as Members of the Cabinet of Ministers needs to be addressed. This anomaly needs to be addressed for the sake of clarity. In the absence of clarity, provisions exist where the Cabinet with an independently elected President as its Head is responsible to Parliament. Such contradictions are inevitable when the principles of separation of powers are compromised.
THE JUDICIARY
The need for an independent judiciary cannot be over emphasized. However, the selection and appointment of such a judiciary depends on the process, and the process in turn depends on the independence of those who recommend the appointments. Therefore, the institution and the mechanisms deployed need to be independent and free of influence in the exercise of their mandate. In order to achieve such an objective, current processes should be reviewed and reformed if the judiciary is to function as an independent body. In order to make the selection process more open and transparent, it may be necessary for the candidates selected by an Independent Commission to appear before a Parliamentary Oversight Committee for assessment, instead of limiting the process entirely within the judicial fraternity as recommended in the book.
Two others issues that should be part of Constitutional Reforms should be constitutional provisions for judicial review without any time constraints, and the other is the recognition given to the Preamble to the Constitution, because it is the Preamble that sets the broad principles of the Constitutional Framework for the judiciary to be guided in their deliberations whenever the ambiguities and limitations in the written law prevent the administration of justice. The recognition given to the Preamble is what would permit purposive interpretations thereby expanding the scope for administering justice without being bound by literal interpretations of the written word; a practice that could lead to justice being compromised.
DEVOLUTION
The topic of Devolution as in the past, is addressed from a majority/minority perspective as if communities live in defined territories with specific and distinct identities, thus confirming the absence of a fresh perspective to devolution. The inability to accept that in reality this is not the case, is regretted. In reality the composition of the Sri Lankan State is not a collection of Sinhala, Tamil or Muslim monolithic communities living in defined areas. Instead, it is a collection of human beings often with similar aspirations living in politically demarcated areas with political powers assigned to Local Governments as the lowest peripheral unit.
Such areas may be exclusively Sinhala, Tamil or Muslim or even Sinhala, Tamil or Muslim majority areas. However, even within such areas there are gradations and hierarchies within them that challenge their homogeneity. The issues that bind them are common interests in civil, political, economic, social and cultural advancement as they relate to human development; an interest that is common to all, whatever the composition of the community in terms of race, ethnicity, religion or other identities that make one community different to another. Consequently, devolution should be perceived from the standpoint of human development since it is an aspiration common to all human beings within communities and addressed from a fresh perspective if the lives and livelihoods of all communities are to advance.
HUMAN RIGHTS
There is a common thread in the perspectives between the title, “Human Rights and Development – the Need for Indivisibility”, in the section on human rights and the comments cited above on devolution. However, the difference between the two perspectives is that the former is represented as a right whereas the latter is implied as a responsibility of the community within the peripheral political unit.
The Universal Declaration of Human Rights contains a total of thirty articles. The majority of the articles are devoted to human rights an individual is entitled to within a sovereign State. Only Article 29 makes reference to “duties to the community”.
Article 29 states: (1) “Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Therefore, Human Rights is not only about rights and entitlements an individual could expect from the State but also about duties and even more so, responsibilities an individual has to the community, and through it to the State. Devolution should be addressed from this perspective. If this aspect is to be given its rightful place, it should be incorporated in the Preamble.
INTERNATIONAL TREATIES
Article 157 of the 1978 Constitution is the only article that addresses issues relating to International Treaties and Agreements. However, the provision in this Article that calls for a two-third approval of Parliament is required only in the case of Treaties and Agreements that are “essential for the development of the national economy…”. In view of this limitation and because any Treaty or Agreement is bound to have an impact on national interests, it is imperative that Constitutional Reforms address this lacuna and provide for ALL Treaties and Agreements between States to be subject to two-third approval of Parliament, because any and all commitments in such instruments become the responsibility of whichever government is in power. Furthermore, even non-treaty instruments such as Memorandums of Understanding should be subject to simple parliamentary majorities.
CONCLUSION
Dr. Hiran W. Jayewardene should be congratulated for taking the initiative to persuade an eminent group well versed in the complexities of Constitutional Reform to make public their views that could be of benefit to the ongoing process of Constitution making currently underway.
Features
The quiet habits behind wealth: Without chasing appearances
by Prof. C. A. Saliya
When people picture wealth, they often imagine luxury cars, large homes and expensive holidays. But financial advisers who work with wealthy clients describe a different picture: people who spend carefully, keep cash aside, invest patiently and understand the risks they take.
A recent Research NZ report, based on interviews with financial advisers, found that many wealthy people are discreet about money. They tend to live within their means, maintain emergency savings, take calculated investment risks and pay close attention to tax and financial structures.
For Sri Lankan families facing high living costs, loan repayments and uncertainty about the future, the lesson is not that everyone must become rich overnight. It is that better financial habits can create greater security over time.
Wealth is often quiet
One of the strongest habits associated with long-term financial stability is controlled spending. Many people with high incomes do not automatically increase their lifestyle every time they earn more. Instead, they decide in advance what they can afford, save consistently and avoid treating every salary increase as permission to spend more.
This does not mean denying life’s small pleasures. It means knowing the difference between a need, a want and a purchase made only to impress others.
In Sri Lanka, where social pressure can sometimes encourage visible spending on weddings, vehicles, clothing or celebrations, this is a difficult but useful principle. A household that earns well but spends everything may look prosperous while remaining financially fragile. By contrast, a family that saves even a modest amount regularly can build options: education for children, a medical reserve, a home deposit or capital for a small business.
The Central Bank of Sri Lanka’s financial-literacy survey found that bank-account ownership is high, but financial behaviour remains a concern. Its later roadmap notes that Sri Lankans show satisfactory financial knowledge compared with other countries, while positive everyday financial behaviour still lags behind.
Knowledge, in other words, is not enough. People also need routines.
Keep an emergency fund before taking bigger risks
The wealthy people described in the RNZ article often kept readily available savings for genuine emergencies and avoided using these funds for ordinary spending.
This is perhaps the most practical lesson for an average family. An emergency fund is not money that “does nothing.” It is money that protects a household from making a desperate decision when illness, job loss, vehicle repairs or an unexpected school expense arrives.
For some, the first target may be one month of essential expenses. Over time, it can be increased. The point is not perfection; it is having a buffer.
Without one, families may turn to costly borrowing, informal lenders or repeated credit-card debt. Research on household finance shows that weak credit knowledge, cross-borrowing and reliance on informal debt can increase the risk of over-indebtedness.
Saving alone may not be enough—but investing requires care
Saving is the starting point, not always the final destination. Money kept entirely in cash or low-return accounts can lose purchasing power over time, especially when prices rise. This is why financially secure people often invest—not recklessly, but with an understanding that long-term returns usually require some level of risk.
The key phrase is calculated risk. That means asking basic questions before investing: What is the business model? Is the institution regulated? How easily can I access my money? What happens if the investment falls in value? Am I being promised unusually high returns? Do I understand where my money is going?
A proper investment plan should not depend on rumours, social-media tips or promises of “guaranteed” profits. It should be diversified where possible—spread across suitable assets rather than placed in a single company, property deal or scheme.
For a young worker, investing may begin with a small, regular contribution. For a business owner, it may mean reinvesting carefully in a viable enterprise. For a family nearing retirement, capital protection and predictable income may matter more than aggressive growth. There is no single plan for everyone.
Debt can build wealth or destroy it

The RNZ article also makes a more controversial point: wealthy people sometimes use other people’s money, through debt or outside equity, to build businesses or buy assets. When investment returns exceed borrowing costs, borrowing can magnify gains. But the reverse is equally true: when returns fall or income is interrupted, debt magnifies losses.
This distinction is crucial in Sri Lanka.
Debt used for a productive purpose—such as a well-researched business, equipment that generates income, or an asset with manageable repayments—can be different from debt used for consumption. Borrowing for status purchases, repeated expenses or a lifestyle beyond one’s income can quickly become a burden.
Before taking a loan, families should calculate the monthly repayment under difficult conditions, not only favourable ones. Could the instalment still be paid if income falls? Is the interest rate fixed or variable? Is there enough emergency savings left after the initial payment? These questions may feel cautious, but caution is often what keeps a financial setback from becoming a crisis.
Pay attention to taxes and paperwork
Another quiet habit of financially successful people is paying attention to tax. They understand that the amount earned is not the same as the amount kept. They keep records, claim lawful deductions where applicable and structure businesses or investments properly.
The quiet habits
For self-employed people and small-business owners, this can be especially important. Clear records of income, expenses, invoices and taxes are not merely administrative chores. They help owners understand whether a business is truly profitable and make it easier to obtain formal finance when needed.
This is not an argument for avoiding tax. It is an argument for understanding the rules, meeting obligations and using legitimate options available under the law. When in doubt, taxpayers should seek advice from a qualified professional.
The human side of money
The most important lesson is that wealth is rarely created by one dramatic decision. It is usually built through repeated small choices: saving before spending, avoiding unnecessary debt, learning before investing, and staying patient when others are chasing quick gains.
A literature review of household finance supports this practical view. Studies consistently associate financial literacy, planning, self-control and budgeting with better saving and investment decisions. At the same time, the research warns that financial outcomes are shaped by income, access to formal financial services and economic conditions—not simply by individual discipline.
That matters in Sri Lanka, where many households are working hard simply to meet daily needs. Advice about wealth should never become blame. Not everyone starts with the same income, family support or opportunity.
But the habits that strengthen financial resilience are available in some form to most people: keep records, build a buffer, question easy-money promises, borrow carefully and make decisions based on long-term goals rather than short-term appearances. (See table)
Wealth may not always look glamorous. Often, it looks like an emergency fund nobody sees, an investment made patiently, a loan avoided, and a family that sleeps more peacefully because it has planned ahead.
(Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.)
Features
Tusker Kavantissa’s death exposes Sri Lanka’s wildlife conservation crisis
by Prof. Ranjith Bandara,
Emeritus Professor, University of Colombo
This article examines why community exclusion, excessive bureaucratic control, unequal distribution of conservation benefits, weak institutional accountability, and short-sighted political leadership continue to undermine wildlife conservation in Sri Lanka.
The death of Tusker Kavantissa is more than the loss of one of Sri Lanka’s most remarkable wild elephants. It exposes uncomfortable questions about how we protect our natural heritage, how conservation decisions are made, and why repeated warnings have failed to produce meaningful reforms. His death should compel us to examine not only what happened to one extraordinary animal, but also the deeper weaknesses in our wildlife conservation system.
Tusker Kavantissa, one of Sri Lanka’s most prominent wild tuskers, died on 16 October, 2026, after receiving veterinary treatment for an injury, reportedly caused by gunfire. Although the wound had shown some improvement, his health subsequently deteriorated. The precise cause of death requires confirmation through a proper post-mortem examination. Nevertheless, the circumstances raise serious questions about preventive protection, wildlife management, and institutional preparedness.
The wider picture is equally disturbing. According to recently reported figures, Sri Lanka has lost an average of approximately 402 elephants and 138 people annually, since 2019, due to human–elephant conflict. These figures reflect a continuing national tragedy affecting both wildlife and rural communities.
What Sri Lanka faces today is not merely a wildlife conservation problem. It is also a crisis of environmental governance, shaped by institutional weaknesses, political decisions, and the failure to recognise the economic and social realities of conservation.
Conservation without communities
One of the fundamental weaknesses of our conservation approach is that local communities are often treated as subjects of regulation rather than partners in conservation. They are expected to bear the risks, respect restrictions, and cooperate with government programmes, yet their influence over decisions affecting their lives remains limited.
For rural families living alongside wild elephants, conservation is not an abstract environmental objective. It directly affects their safety, agricultural income, property, and everyday lives.
Farmers frequently possess valuable knowledge about elephant movements, vulnerable locations, seasonal changes, and practical protection measures. Yet conservation interventions are sometimes designed without adequately considering this experience.
When decisions are imposed from above, communities may feel excluded from programmes they are expected to support. This weakens trust, reduces cooperation, and ultimately undermines conservation outcomes.
We must recognise that protecting elephants and protecting farmers are not conflicting objectives. Both are essential. A conservation policy that safeguards wildlife while neglecting human security cannot be considered successful.
The real challenge is to replace conservation imposed on communities with conservation undertaken alongside them. Meaningful participation requires more than consultation meetings. Communities must have a genuine role in planning, implementing, monitoring, and evaluating conservation activities.
Bureaucratic authority versus public accountability
Wildlife conservation requires strong institutions, professional expertise, and effective regulations. However, excessive bureaucratic control can become an obstacle when administrative authority takes precedence over practical outcomes.
Decision-making in Sri Lanka’s conservation system remains heavily dependent on central institutions. Administrative procedures, overlapping responsibilities, and limited coordination can delay responses to urgent problems.
More importantly, excessive centralisation can discourage local innovation and prevent communities from contributing practical solutions.
When administrative authority becomes more important than results, conservation risks becoming an exercise in controlling people rather than protecting nature.
This criticism should not be confused with questioning the dedication of frontline wildlife officers and veterinarians. Many work under difficult conditions with limited resources. The efforts undertaken to save Tusker Kavantissa deserve recognition.
However, individual commitment cannot compensate indefinitely for institutional weaknesses.
We must ask whether our conservation institutions have the capacity to identify risks early, protect vulnerable animals, coordinate emergency responses, and evaluate the effectiveness of their interventions.
Public accountability should, therefore, extend beyond compliance with administrative procedures to measurable conservation outcomes.
Who bears costs, and who receives benefits?
Perhaps the most neglected dimension of wildlife conservation in Sri Lanka is the unequal distribution of its economic costs and benefits.
Wild elephants contribute substantially to tourism, biodiversity, cultural heritage, and the country’s international image. Their conservation generates benefits enjoyed by society as a whole.
Yet the financial and personal costs are concentrated among rural communities living within elephant habitats.
A study published in 2023, involving 300 farming households in southern Sri Lanka, revealed a striking imbalance. Although these households lived near two national parks, none received economic benefits from tourism. Meanwhile, 57 percent had experienced elephant-related crop damage.
The findings raise a fundamental economic question: if the entire country benefits from elephant conservation, why should a relatively small and vulnerable section of society bear a disproportionate share of its costs?
Conservation cannot remain economically sustainable when its benefits are widely enjoyed but its costs are concentrated among those least able to bear them.
A separate study, published in 2024, involving 439 affected farming households, examined the possibility of financing compensation through tourism revenue. It demonstrated the potential for tourism-based financial mechanisms to support human–elephant coexistence.
The policy implications are significant
A proportion of wildlife tourism revenue could be directed towards affected communities through transparent benefit-sharing arrangements. Such measures could support compensation, village protection, local employment, community enterprises, and agricultural improvements.
However, financial compensation alone is insufficient. The 2023 study also indicated that fear of elephants and concerns about crop damage strongly influenced community attitudes. People must feel safe in their homes and farms, not merely receive payment after suffering losses.
Equitable benefit-sharing is, therefore, more than an act of generosity. It is an economic and social requirement for sustainable conservation.
Political decisions and absence of long-term vision
The weaknesses in wildlife conservation cannot be attributed solely to public officials. Political leadership must accept its share of responsibility.
Poor land-use planning, habitat fragmentation, obstruction of elephant movement corridors, and development decisions that inadequately consider environmental consequences have contributed to human–elephant conflict.
Political decisions made for immediate gains can create environmental and economic costs lasting for decades.
Another weakness is the preference for visible, short-term interventions.
Constructing electric fences, relocating elephants, and launching emergency operations can attract considerable publicity. However, such interventions should be evaluated according to their effectiveness, not their visibility.
Political leadership should be judged not by the number of conservation programmes announced, but by the lives protected, conflicts prevented, and long-term improvements achieved.
There is also a serious problem of policy continuity. Conservation cannot be governed according to electoral cycles or changing political priorities.
Elephant habitats, migration patterns, and ecological processes do not change with governments. Successful conservation, therefore, requires consistent national commitments extending beyond individual political administrations.
Without such continuity, public investment may be wasted while the underlying problems remain unresolved.
Problem is not always a lack of policy
Sri Lanka’s conservation crisis cannot be explained simply by a shortage of scientific knowledge or policy recommendations.
In many instances, the greater challenge lies in translating available knowledge into coordinated, adequately funded, and politically supported action.
The National Action Plan for the Mitigation of Human–Elephant Conflict, prepared in 2020, proposed a science-based approach that emphasised community participation, protection of villages and agricultural land, and more effective conflict-management strategies.
Yet an important question remains: how much of this plan has been implemented successfully?
Have implementation difficulties arisen from inadequate resources, weak institutional coordination, administrative resistance, or insufficient political commitment?
An independent assessment of the plan’s implementation would help identify these obstacles and establish clear responsibilities.
We must also recognise that a substantial proportion of Sri Lanka’s wild elephants live outside protected areas. Attempting to confine all elephants within national parks and forest reserves is, therefore, neither realistic nor sustainable.
Effective conservation requires land-use policies informed by elephant ecology, settlement patterns, agricultural needs, and the practical realities of human–wildlife coexistence.
A sound policy that remains largely unimplemented offers little protection to either elephants or people.
Towards more responsible conservation system
Sri Lanka needs a fundamental change in how wildlife conservation is governed.
Four priorities deserve immediate attention.
First, local communities must become genuine partners in conservation management, with meaningful responsibilities and decision-making opportunities.
Second, conservation benefits must be distributed more fairly. Wildlife tourism should contribute directly to protecting the livelihoods and safety of communities that bear conservation costs.
Third, existing national conservation plans should be independently reviewed to identify implementation gaps and establish a realistic timetable for corrective action.
Fourth, conservation institutions must become more accountable for measurable outcomes, including reductions in human deaths, elephant mortality, crop losses, and property damage.
These reforms require cooperation among wildlife, forestry, agriculture, land, irrigation, and local government institutions.
They also demand political leadership willing to prioritise long-term results over short-term publicity.
For exceptional animals, such as Tusker Kavantissa, improved risk monitoring, preventive protection, and timely veterinary responses are particularly important. However, conservation should not be limited to protecting a few well-known animals.
Every wild elephant has ecological value, just as every person living alongside elephants has an equal right to safety.
The objective must be a system that protects both.
Lesson tusker Kavantissa leaves behind
The death of Tusker Kavantissa should not become another moment of national sorrow that gradually fades from public memory. It should mark a turning point in how Sri Lanka approaches wildlife conservation.
A proper investigation into his death is essential. Equally important is an honest examination of the conservation system within which such tragedies continue to occur.
The real challenge is not choosing between people and elephants. It is creating a system in which both can coexist safely, and where the responsibilities, costs, and benefits of conservation are shared fairly.
This requires more than scientific expertise and stronger regulations. It demands accountable institutions, meaningful community participation, economic fairness, and political leadership guided by a clear long-term vision.
Our greatest failure would not be the loss of Tusker Kavantissa alone. It would be allowing the same weaknesses in our conservation system to claim more lives while we continue to avoid the reforms that could prevent them.
Features
Equality before the Law as foundation of Sri Lanka’s recovery
by Jehan Perera
The government appears set to overcome the first major challenge to one of its foundational principles. It has faced down demands from sections of the Buddhist clergy and opposition parties to release Ven. Galagodaatte Gnanasara from his prison sentence for contempt of court.
Ven Gnanasara is best known as the general secretary of the Bodu Bala Sena, a nationalist Sinhala grouping. The government seemed unfazed by a protest march organised by Buddhist monks and the opposition parties and its supporters organised an even bigger march to support the government’s position. It is notable that the general population did not get involved in either march in any substantial number. The issue has now become a test of whether the government will uphold its commitment to apply the law equally, irrespective of a person’s position or status, even when doing so brings it into conflict with a powerful constituency.
The case has a specific legal history. Ven. Gnanasara was sentenced to six years’ imprisonment by the Court of Appeal in 2018 for contempt of court in a case involving former military personnel where he disrupted the proceedings. The Supreme Court rejected his appeal in 2018. Former President Maithripala Sirisena subsequently granted him a presidential pardon in 2019. Last month, the Supreme Court invalidated that pardon. The initial demand by Buddhist monks and their lay supporters was that Ven. Gnanasara should be permitted to wear his Buddhist robes when appearing in public before the courts. The government has indicated its willingness to examine the procedures governing the treatment of Buddhist monks in prison, in consultation with the relevant religious authorities. However, the initial demand has now been escalated into a demand for a presidential pardon.
One of the central promises of the National People’s Power (NPP) during its election campaign two years ago was to apply the law equally to all. This commitment has shaped the government’s approach to allegations of corruption and criminality involving individuals who previously wielded political power. The NPP government was swept into power on a wave of antipathy towards those in previous governments who were perceived to have abused their positions for private gain. The economic collapse Sri Lanka experienced in 2022, and the hardships endured across society, remain vivid in the public memory. The past two years have seen the government pursuing those accused of corruption and other offences. Several high-ranking members of previous governments have faced arrest and legal proceedings and been sentenced to jail.
Religious Concerns
The ability of opposition parties to mobilise widespread resistance against proceedings involving their leaders has been limited, as much of the general population continues to favour accountability for past financial crimes. However, the case of Ven. Gnanasara is different. It does not concern allegations of financial corruption, but the relationship between religious authority, the courts and the law of the land. This is where the distinction between respecting religious traditions and upholding the law becomes crucial. There is a sense among sections of the general population that Buddhist monks should not be treated on a par with others and that requiring Ven. Gnanasara to appear in court without his robes was unjust and contrary to the national ethos. Such sentiments reflect the special place Buddhism occupies in Sri Lanka’s history and society. Sinhala Buddhist nationalism has been a potent political force throughout the country’s history, drawing on a heritage that extends back more than two millennia. The question is whether respect for Buddhism needs to also entail the exemption of individual monks from the ordinary requirements of the law and thereby treat them differently.
The challenge would be to accommodate legitimate religious concerns through rational and lawful procedures without allowing religious status to become a source of legal privilege. The government has been amenable to addressing the issue of monastic robes, but has so far resisted the demand to release Ven. Gnanasara through a new pardon. President Anura Kumara Dissanayake and government members have made it clear that the government would not bend the law to accommodate any individual. They have taken the position that any shortcomings in existing rules should be addressed by changing the rules through proper procedures, rather than by making an exception for a particular individual. If the government holds its position, it will demonstrate that its commitment to the rule of law extends even to constituencies that have historically enjoyed considerable political influence.
This is important not only for the country’s democratic institutions but also for its economic future. Sri Lanka is seeking to recover from its economic collapse and establish the foundations for sustained growth. The International Monetary Fund’s analysis of Sri Lanka’s governance weaknesses has repeatedly emphasised the economic costs of corruption and institutional deficiencies. Its 2024 analysis of governance and growth concluded that comprehensive and coherent reforms could bring significant macroeconomic benefits. The IMF’s 2025 assessment also highlighted the importance of sustained governance reforms in unlocking the country’s growth potential. Investors, both domestic and foreign, need confidence that public institutions function according to predictable rules, that contracts and property rights are protected, and that political connections or social status will not determine how the law is applied.
Sensitive Issue
Sri Lanka has long sought the leap towards prosperity that has proved elusive under successive governments. Economic reform alone will not achieve it. The connection between the rule of law and economic prosperity is direct. Businesses are more likely to invest when they can expect disputes to be resolved fairly, public resources to be managed transparently and regulatory decisions to be made on rational grounds. No country can achieve a durable economic take-off if its institutions are perceived to operate according to political favour, inherited privilege or communal pressure. Sri Lanka cannot afford to return to a political culture in which powerful interests are shielded from accountability while ordinary citizens bear the costs.
Changing a political culture that has evolved over the decades if not centuries is a difficult undertaking, particularly in a country where political leaders have long relied on religious and communal identities to consolidate their support. It requires not only firmness but also sensitivity, dialogue and a willingness to reform laws and institutions where genuine deficiencies exist. The present controversy offers an opportunity to demonstrate that these objectives need not be in conflict. The government can respect the Buddhist clergy’s concerns about the treatment of monks in prison while refusing to grant an individual an exemption from a judicial sentence. It can recognise the importance of Buddhism to the country while maintaining that no religious or political authority stands above the law.
The question is whether national traditions and ethos are interpreted in ways that strengthen justice, responsibility and social harmony, or invoked to defend privileges that undermine them. The country needs a transformation in public expectations from privilege to accountability, from communal claims to equal citizenship, and from personal discretion to institutions governed by law.
The government’s handling of the case involving Ven. Gnanasara is therefore about more than one monk or one sentence. This particular case will determine whether the government can build a system in which no government, religious authority or politically influential individuals can place themselves beyond the law. A just society must be able to honour both its traditions and its commitment to equality before the law.
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