Connect with us

Features

Succession to DS, the Hartal and Dudley’s resignation

Published

on

(Excerpted from Memoirs of a Cabinet Secretary by BP Peiris)

When D.S. fell off his horse on Galle Face, Lord Soulbury, Governor-General, was in England and Alan Rose, Chief Justice, was acting. He had all the powers of the Governor-General, but did not take the responsibility of appointing the new Prime Minister. Instead, the following communique was issued by the Governor-General’s office:

“His Excellency the Officer Administering the Government invited the Ministers to meet him this morning at Queen’s House. His Excellency informed the Ministers that a few days before Lord Soulbury’s departure from the Island he had discussed with His Excellency what should be done in the event of the office of Prime Minister falling vacant during Lord Soulbury’s absence.

“His Excellency stated that Lord Soulbury, had then expressed an intention of returning to Ceylon immediately in this eventuality.

“In view of this, His Excellency spoke last night on the telephone to Lord Soulbury who informed him that he would be arriving in the Island on Wednesday.

“Having regard to this, His Excellency stated that, in his opinion, it would be more appropriate to await Lord Soulbury’s arrival before a decision is made us to who should be invited to form an administration.”

Soulbury had a difficult task. It was his duty to ensure the continuance of a stable Government. Between the Premier’s death and the Governor-General’s arrival in the Island, there was considerable political and personal maneuvering, and Rose’s house in Bullers Road had a stream of callers all offering gratuitous advice as to who should be sent for. One person went as far as to send Rose some hot hoppers for breakfast.

Rose kept a diary of the events, the callers, the times they called, and the suggestions they made – a document which ought to make very interesting reading if it is ever published. The Times of Ceylon commented:

“There is at present very clear indication of the successor. The country expects the uncorrupted continuance of the peace and prosperity which the late Premier insured in the nation’s life. His principles of democratic fair play and progress are the nation’s watchword, and the new Prime Minister must be one who can foster those objectives.”

It is clear, reading between the lines, that Sir John Kotelawala was not too popular and was unacceptable. There was no reason to assume that he could not form a stable Government. But 19 members of the Government Parliamentary Party informed Dudley that in the event of his being called upon to form a government they would give their wholehearted support and co-operation. They also intimated their solemn determination not to support an administration formed by anyone else. The Tamil Congress informed the Governor-General that Sir John was not acceptable to their party and would support a government formed by Dudley.

The Governor-General, on his arrival, sent for Dudley and invited him to form a Government. He asked me to summon the Ministers to meet him in the Cabinet Room. It was not a Cabinet meeting as he (Dudley) had not accepted office. At this meeting all the Ministers were present except Sir John. Here, I must debunk a story which has been published in “The Premier Stakes, or Up the Garden Path”, which some persons thought was written by Sir John, but the authorship of which he has publicly denied.

In this book, it is stated “Even the Secretary to the Cabinet was against me and did not summon me to the meeting.” I have never refused or neglected to summon a Minister to a meeting. I cannot imagine any Secretary wilfully omitting to do so. I got all the Ministers on the telephone, but could not get Sir John. Seven Ministers were in my room while I was telephoning, with Minister Sittampalam seated right in front of me at my table. He saw and heard me telephoning.

I tried Sir John’s office, Kandawala, the Orient Club, the Sinhalese Sports Club, Sravasti, the M.Ps’ Hostel, his mother’s house and finally got his brother Justin to whom I gave the message. He was not to be found at any of these places. It was one minute to 2 p.m., the time fixed for the meeting and I gave it up. Immediately after the meeting, which lasted only a few minutes, Sittampalam phoned me from his own office and said, “Peiris, you said you couldn’t get Sir John: he’s in his office.” I merely asked him what the insinuation was. “You saw me telephoning all those members”, I said, and there was no further comment from him. There were a lot of undercurrents working at the time.

Now the gossips and the rumour-mongers started whispering. It was said that D.S. had advised Soulbury to send for Dudley in the event of his death. A more fantastic story, attacking the honour and memory of a dead man, is difficult to imagine. It is within my personal knowledge that D.S. never gave the Governor-General the advice attributed to him. I also know who concocted the story for reasons best known to them. I use the plural because there were two.

In view of the highly controversial nature of the whole transaction, I beg the reader’s pardon if, after tickling his curiosity in this mysterious way, I say “Thus far and no further. My lips must continue to remain under seal.” D.S. might have been ignorant of Constitutional Law, but he was no ignoramus. He knew that, in the matter of the succession to the Premiership, he could not exercise a right similar to that exercised in Buddhist Ecclesiastical Law under the rule of Sisyanu Sisya Paramparawa. The Constitutional position is set out by Winston Churchill in his War Memoirs:

“It is not customary for a Prime Minister to advice the Sovereign officially upon his successor unless he is asked to do so. As it was war time, I sent the King, in response to a request he had made to me in conversation at our last weekly interview, the following letter [He was going to cross the submarine-infested Atlantic for discussions with President Roosevelt].

10 Downing Street
Whitehall
June 16, 1942
Sir,

In case of my death on this journey I undertake, I avail myself of Your Majesty’s gracious permission to advise that you should entrust the formation of a new government to Mr Anthony Eden, the Secretary of State for Foreign affairs, who is in my mind the outstanding Minister in the largest political party in the House of Commons and in the National Government over which I have the honour to preside, and who I am sure will be found capable of conducting Your Majesty’s affairs with the resolution, experience and capacity which these grievous times require.

I have the honour to remain,

Your Majesty’s faithful and devoted servant and subject,

Winston S. Churchill

Dudley was punctual at the meeting of Ministers he had summoned. No record was kept. He informed the Ministers that he had been asked to form a Government and inquired whether the Ministers would serve under him in the same capacities. All said “Aye”. He then reported back to Queen’s House and was appointed Prime Minister on March 27, 1952.

Sir John, who has always been an officer and a gentleman and who has never been vindictive, issued the following statement:

“I have been associated with the late Prime Minister for over 22 years in the task on building a free nation and should be the last man to wish the freedom we have gained to be overcome by the destructive forces which threaten to overrun our land. I congratulate the new Prime Minister on his appointment. Every right-thinking man will wish him well in the task that lies ahead of him. I am steadfastly of the opinion that the United National Party is the only political party that can save the country and I call upon all my countrymen to rally round the new Prime Minister with the same measure of support they gave his father. My own support will always be available to serve the cause of democracy in my Motherland.”

The new Prime Minister, in his first broadcast talk to the nation, said:

“If there is any lesson that I have learnt from my father, it is that no task, however difficult, should be shirked if it is in the country’s interest that it should be discharged.” He added the following words, significant in the context of present day politics: “I pledge that the administration of this country will be so carried that every one amongst you, whatever the language he speaks, whatever the religion he professes, whatever the race to which he belongs, may live and move on terms of absolute equality.”

On April 4, the Prime Minister decided to dissolve Parliament and go to the country. He stated that though he had the promise of co-operation from a majority of the country, he felt it was his duty to obtain a mandate from the people at the earliest opportunity to work for the ideals for which his father had worked during his lifetime. In a talk to the nation, the Prime Minister said:

“Barely a week has passed since I accepted the invitation of His Excellency the Governor-General to form a government on the death of my revered father. The promises of co-operation which I received from my colleagues in Parliament, as well as from representatives of all sections of the community gave me strength to undertake this task. To my fellow-citizens throughout the Island, I give my heartfelt thanks for the assurance of help and co-operation which 1 have received.

“When I undertook the important responsibilities that my late father bore so well, in my message to the nation, I pledged myself to tread the path he wished us to follow.

“We know very well that my father bent all his energies to achieve the ideal of a free Lanka. Once that freedom was attained, he spent himself, in spite of his health, without any thought of his own comfort or of his personal interests, to preserve that freedom, to realize the concept of a united nation and to establish a stable government.

“The striking demonstration of national feeling shown at his death made it clear to me that my father had become a symbol, not only of the ideals I have mentioned, but of the new Lanka which he hoped to build upon these foundations; the new Lanka whose people, free from want, from sickness and ignorance, through the functioning of democratic institutions, could take their place once again in the comity of the free and happy peoples of the world.

“I have thought very deeply during the last few days of the duty I owe to the people of Lanka. Only some of the ideals for which my father worked have been achieved. In the achievement of these, I have no doubt he gave his life. I have been invited to carry on the work interrupted by his death. If I am to be finally chosen to do so, I feel that I should give the people an opportunity, at this most important moment in Lanka’s history, of expressing their own wish through the exercise of the right which belongs to every citizen of electing those who will administer the affairs of the country on their behalf.

“As you are all aware, Parliament need not be dissolved till the end of this year. Though I have the promise of co-operation from a majority of the members of Parliament as well as the good wishes of the country, I feel it my duty to obtain a mandate from the people at the earliest opportunity.

I have therefore advised His Excellency the Governor-General to dissolve Parliament and to announce a day for the nomination of candidates for election to a new Parliament.

“If it be your wish that I should act as the first servant of the people, I pledge myself to honour, to the best of my ability, just as my father did when he was entrusted with similar duties, the trust reposed in me.”

Dudley was returned at the general election. His first Cabinet meeting after the election was on June 5, 1952. There were some of his father’s Ministers, but there were new faces also. Bulankulame Dissawa was Minister of Lands, Dr M. C. M. Kaleel, Minister of Labour, Mr C. W. W. Kannangara in charge of Local Government, V. V. Nalliah in charge of Posts, and the Prime Minister’s cousin, R. G. Senanayake, was given Commerce and Trade.

My draft of the Speech from the Throne was approved with amendments and on the following day, the Cabinet met to consider the estimates for the next financial year. They came to an important decision regarding the salaries of the judges of the Supreme Court. The salary was increased to Rs 36,000 a year with a corresponding increase in the salary of the Chief Justice, and the then prevailing difference in salary between old-entrant and new-entrant judges was abolished.

Henceforth, all judges would be equal and their salaries would not depend on the date of their appointment. This was a most welcome change; but the decision was rescinded a month later, for what reasons I cannot remember. There is no salary distinction today as there are no longer any old-entrant judges.

The question now arose whether, in view of the complexity of our laws and the increasing number of appeals to the Privy Council, a Ceylonese should not be appointed to the Judicial Committee. The request had been made by the Judicial Committee itself, and the proposal was acceptable to the Ceylon Government. Mr L. M. D. de Silva, a former Judge of the Supreme Court was willing to accept the post if it was offered to him. Mr de Silva was accordingly appointed a Privy Councillor.

August 12, 1953, has been called the day of the hartal. I was asked at noon to summon an emergency meeting of the Cabinet for 1.15 pm. Disturbances had occurred in the city of Colombo and in some of the outstations. Trains had stopped running; trains had been stopped and passengers, guards and engine drivers assaulted; railway wagons had been damaged; road transport had been completely disorganized and no omnibuses were running; communications had been interfered with; public officers had been attacked in the performance of their duties; shops had been broken into and shopkeepers intimidated; there was general intimidation on a large scale; the Pettah Police Barracks had been stoned; the Manning Market had been set on fire; the Dompe Police Station had been attacked; there was complete lawlessness at Hanwella; and in one or two places the Police had been compelled to use their firearms.

Essential services had been disrupted. There was no traffic at all on the roads and I got to my office in the Fort from my house in Havelock Road (where I had come for lunch) within five minutes, carrying in my car, for the first time in my life, my loaded revolver in the door-pocket. The Inspector-General of Police who was summoned asked that the Police and the Military, who had been stretched to the maximum, be given adequate powers to preserve law and order. He did not mince matters. He asked for power to shoot.

Shoot whom? Your own people? I saw a gentlemanly pipe-smoking Prime Minister hesitate. The order was not given. Instead there was a declaration of a State of Emergency and the provisions of the Public Security Ordinance were brought into operation and the necessary regulations promulgated.

A legal flaw was now noticed. The provisions of the Public Security Ordinance could only be brought into operation when a state of public emergency in fact existed. The Cabinet thought that the law should be amended to enable the necessary Proclamation to be issued where a state of emergency was apprehended and before it had actually arisen. The Legal Draftsman was directed to examine the legislative powers that had been taken in other Commonwealth countries, particularly India, to meet any emergency and to prepare the draft legislation.

It was decided that our Ordinance should be amended on the lines of section 352 of the Constitution of India to enable a Proclamation of emergency to be issued before the actual occurrence of the emergency, if the Governor-General was satisfied that there was imminent danger thereof. The subject of Civil Defence was allocated to Sir Oliver Goonetilleke who had handled the subject expertly under Admiral Layton.

A most unusual thing happened at about this time. The Cabinet was to meet at two in the afternoon to discuss our rice stocks which were at a dangerously low level. The relevant Cabinet paper was not prepared in my office; it was not roneoed; it was typed, four copies at a time, in the Ministry of Commerce and Trade. The Minister, R. G. Senanayake, had M. F. de S. Jayaratne as his Permanent Secretary. Twelve of the Ministers had assembled at two but Jayaratne had not sent me any papers by then.

Ministers were becoming impatient. Forty-five minutes had elapsed before Jayaratne came panting into the Cabinet Lobby and put a bundle of papers in my hand saying “Here are 15 copies”. The Ministers’ impatience had turned to anger by this time. There was no time for me to check the draft. Each copy consisted of six pages of typewritten matter fastened by a clip. I counted the clips and there were 15.

I distributed 12 copies to the Ministers, one to Ranasinha (the Secretary) and kept one for myself. The one extra copy was on my table when the discussion began. The meeting which began in the afternoon ended after 3 a.m. the next day, with a short break for dinner, Dudley asked the Ministers to return their copies to the Secretary. I came back to my room far too tired to do anything except to dictate the minutes.

I again counted the clips – there were 15 – and locked the papers up in my steel cupboard. The next day’s Times of Ceylon carried the entire memorandum, including the appendices, in the middle page. Dudley had warned the Ministers to keep the matter a top secret. Soon after the Times was out, Sir Oliver asked me over the telephone how this had happened. I told him that the Ministers all returned their copies to me and that these were at that moment in my steel locker. Dudley then got on to me and said, “Percy, this is a very serious matter. I want you to check on each one of the returned copies. See me in the office in half an hour.”

As was to be expected, there were the fifteen clips, each holding six sheets of foolscap. But the Prime Minister had asked me to check on each copy and, in doing so, I came across a dud one. The clip was there, the six sheets were there but the subject matter contained in the six sheets had nothing to do with the subject matter of the memorandum. What was I to do? My brain was befuddled. I was in charge of 15 copies, and now I had 14 and the press had published the memorandum verbatim.

What could have been more easy than for me to have released the fifteenth copy to the Times and say. “I don’t know how it could have happened. I was so tired and it was such a rush, I only counted the clips and there’s a dud set of papers in one clip.” I knew that would not go down with Dudley. The country had accepted him as a gentleman. He and I were colleagues at the Bar amid friends and, if a third person was not present, we addressed each other by our Christian names.

But the most gentlemanly Prime Minister would not tolerate a crook as his Cabinet Secretary. I went to him in trepidation. “What is this about a dud set?” Dudley asked and I gave him the six sheets of paper with the clip. He read the papers line by line and came across two words altered in ink and initialled in the margin. He asked me whose initials they were and I said I did not know.

He called his Secretary Atukorale who identified the initials as being those of Jayaratne. My heart was palpitating. “Golly, old boy, you’re lucky” I thought. So this was a Ministry Paper, and Minister R. G. had most inadvertently and most carelessly given me the wrong papers and taken the right ones away! Now that I was on a safe wicket, I turned round to Dudley and, in Atukorale’s presence said something for which he might have turned me out of his office, but did not. I said, “Sir, it is a pity that you don’t

get the co-operation of your colleagues that Atu and I get from our staffs.” All he said, deep in thought and with bowed head was “Yes, I know.

A Cabinet Secretary’s life is not all beer and skittles. I had just had a lucky and a narrow shave.In October 1953, Dudley resigned his office for reasons of health and Sir John Kotelawala was appointed Prime Minister.



Continue Reading
Advertisement
Click to comment

Leave a Reply

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

Features

So, who is going to tell the rest of the world?

Published

on

Series: The greatest digital rethink, Part V of V – Series conclusion

Five instalments. Five levels of education. One recurring pattern: the countries that ran the experiment are retreating, the countries that watched them are still paying the entry price. This final column asks the question the international education community has been carefully avoiding: does anyone actually learn from anyone else, or do we just take turns making the same expensive mistakes?

What five parts told us

Let us briefly take stock. In Part I of this series, we traced the arc of three decades of digital enthusiasm in education, from the early computer labs of the 1990s through the tablet explosion of the 2010s, to the pandemic acceleration and the emerging backlash that defines the present moment. In Part II, we watched Sweden take tablets away from preschoolers who should never have been given them in the first place, and Finland legislate to return the pencil to its rightful place in the primary classroom. In Part III, we confronted the paradox at the heart of secondary school de-digitalisation: governments triumphantly banning the phone in the student’s pocket while quietly expanding the data systems that monitor their every digital interaction. In Part IV, we sat in the university exam hall, a room that had been pronounced redundant 20 years ago, and watched it fill up again with students writing with pens, because the large language models (LLM) like Chat GPT, had made every other form of assessment untrustworthy.

The inconvenient asymmetry

There is a concept in international education research, ‘asymmetric correction’, that describes this phenomenon with academic precision. It means, in plain language, that the systems with enough money, data and institutional capacity to discover that an experiment has gone wrong can afford to correct it. The systems without those resources cannot, and often do not even know the correction is needed until the damage is visible in their own classrooms and their own assessment results.

This is not merely an abstract inequity. It has a specific mechanism. The countries now de-digitalising, Finland, Sweden, Australia, France, the UK, have had 20 or 30 years of experience with school digitalisation. They have run multiple cycles of national assessments. They have PISA data going back decades. They have teacher unions vocal enough to flag classroom deterioration before it becomes a crisis. They have the research infrastructure to connect a policy change to an outcome measure and draw a conclusion. When their scores drop, they investigate. When the investigation points at screens, they act.

The evidence that was always there

One of the more unsettling conclusions of this series is that much of the evidence driving the current de-digitalisation wave was available considerably earlier than the policies it has inspired. The finding that handwritten notes produce better conceptual understanding than typed ones was published in 2014. The OECD’s analysis showing that more computers do not produce better learning outcomes appeared in 2015. UNESCO’s concerns about platform power and datafication in education have been articulated consistently for years. The distraction research, documenting that students with open laptops in lecture halls perform worse, and drag their neighbours down with them, has been accumulating for well over a decade.

None of this stopped the rollout. The tablets arrived in the Swedish preschools. The 1:1 device programmes expanded. The learning management systems embedded themselves. The AI proctoring tools were procured and deployed. Evidence that gave pause was routinely absorbed into a narrative about implementation, the problem was not the technology, it was how it was being used; give us better training, better platforms, better connectivity, and the results will follow. The results, in many cases, did not follow. But by the time that was clear, the infrastructure was in place, the contracts were running, and the political cost of admitting the bet had been wrong was prohibitive.

What changed was not the evidence, it was the political permission to act on it. PISA 2022 delivered declines dramatic enough to be impossible to attribute to anything other than something systemic. UNESCO issued what amounted to an institutional mea culpa. And a sufficient number of teachers, in a sufficient number of countries, were by then willing to say publicly what they had been saying in staffrooms for years: that the screens were not helping, and in many cases were actively in the way.

What a responsible global policy would look like

This series is not a manifesto against technology in education. It has never argued that. Screens are indispensable tools, for accessing information, for enabling collaboration across distance, for serving students whose accessibility needs require digital solutions, for supporting the administrative and logistical complexity of modern educational institutions. The argument is not against technology. It is against the thoughtless, evidence-free, vendor-driven acceleration of technology in contexts where it undermines the very foundations it is supposed to strengthen.

A responsible global education policy would, at minimum, do several things that the current system conspicuously fails to do. It would require that the evidence base for large-scale digital procurement be genuinely independent of the vendors supplying the technology. It would insist that the learning from early-adopter systems, including the learning about what went wrong, be actively communicated to late-adopter systems before, not after, they make the same investments. It would treat the question of appropriate technology use at different ages and in different pedagogical contexts as a matter of ongoing empirical inquiry, not a settled ideological commitment to ‘more is better.’ And it would hold to account the international organisations and development banks that have promoted digital solutions to educational problems without adequate attention to long-term cognitive and social outcomes.

None of this is technically difficult. The knowledge exists. The research is available. The lesson is sitting there in the PISA data, in the Swedish preschool curriculum reversal, in the UK university exam halls filling up with students holding pens. The question is purely one of political will, and of whether the global education community considers it acceptable to keep selling a model it is quietly dismantling at home.

Who decides what technology is for?

Beneath all the policy detail in this series lies a question that is fundamentally political rather than technical: who gets to decide what role technology plays in education, and in whose interest do those decisions get made? The answer, across the period this series has covered, has too often been: vendors, with governments following at a respectful distance and parents and teachers arriving to the conversation after the contract is signed.

De-digitalisation, for all its imperfections, its occasional moral panic, its selective use of evidence and its tendency to become a political signalling exercise, represents something important: a reassertion that educational technology is a means, not an end, and that the people who should determine how much of it to use are educators, researchers and communities, not quarterly earnings reports. The fact that Finland chose to legislate, that Sweden chose to buy books instead of tablets, that Queensland schools now require phones to be away for the day, often collected, or switched off, from the moment students arrive and found their playgrounds transformed, these are acts of pedagogical agency. They are an insistence that schools are for children, not for platforms.

A final word

There is nothing wrong with technology in education. There is something very wrong with the assumption that more technology is always better, and something worse with the global system that allows wealthy nations to learn that lesson expensively, correct it quietly, and then export the uncorrected version to everyone else.

The pencil did not disappear because it failed. It was sidelined because screens arrived with better marketing. It is coming back, in Finnish classrooms, in Swedish preschools, in Australian playgrounds, in university exam halls, not out of nostalgia, but because 30 years of evidence have converged on an uncomfortable truth: some things, it turns out, require your full attention, your physical hand, and the irreplaceable cognitive effort of a human being working without a shortcut.

That is not a retreat. That is a reckoning. And the only question left worth asking is whether the rest of the world will get to benefit from it before they have to discover it for themselves.

SERIES COMPLETE

Part I: From Ed-Tech Enthusiasm to De-Digitalisation | Part II: Phones, Pens & Early Literacy | Part III: Attention, Algorithms & Adolescents | Part IV: Universities, AI & the Handwritten Exam | Part V: Who Is Going to Tell the Rest of the World?

Continue Reading

Features

New kid on the block – AI drug prescriber from the US

Published

on

Artificial intelligence (AI) in healthcare has come to stay and is a well-recognised development over the last decade or so. AI has now progressed on to even the ability to execute quite a few tasks and manoeuvres that were once the sole duties of doctors. Certain AI programmes are now designed to make tricky diagnoses, offer mental counselling, detect drug interactions, read and diagnose images, forecast results, and review scientific articles, to name a few amongst other capabilities. As the aptitudes of AI increase, the roles of doctors are likely to change. In the future, there is a real possibility that physicians would increasingly be placed in supervisory roles in semiautonomous systems, while retaining responsibility but with reduced independence.

Philosopher Walter Benjamin, in the 1930s, wrote that photography and cinema would have a telling effect on paintings and painters. It was argued that the introduction of visual images would render painting and painters quite obsolete. Many belittled the artistic value of photographs, just as today, many ask whether AI can truly understand illness or empathise with discomfort. The opponents of photography theorised that original works of art, such as paintings, had a so-called aura and that there was something special about an original artwork compared to a reproduction as a photo image, and that the painting echoed its singular history and unique trajectory through time, space, and social meaning.

Today’s doctors have something comparable. Their professional authority was grounded in their unique training, the practical wisdom that they had accrued, their face-to-face presence with patients, and their nuanced clinical judgment. Like an original painting, medical expertise appeared singular and inseparable from the clinician who exercised it rather than from the tools or institutions that supported the physician’s practice.

Now enters the latest AI initiative in healthcare. As documented in the Journal of the American Medical Association (JAMA) on the 13th of April 2026, it is the very first AI DRUG PRESCRIBER. It originated in the state of Utah of the United States of America, which is the 45th state admitted to the Union on the 4th of January 1896, and is well-known for its unique geography, including the Great Salt Lake and its “Mighty 5” national parks: Zion, Bryce Canyon, Arches, Capitol Reef, and Canyonlands.

In January 2026, the State of Utah publicised a first-of-its-kind partnership with an AI company to develop an AI-based programme to prescribe medications without physician involvement. The AI prescriber package sold by the company Doctronic is claimed to conduct a “comprehensive medical assessment” that “mirrors the clinical decision-making process a licensed physician would follow“. Originally, it was intended to focus on prescription renewals, and the software is designed to prescribe almost 200 drugs, including corticosteroids, statins, antidepressants, hormones, and anticoagulant agents. It has the potential to develop into an autonomous system that could even provide original prescriptions without the involvement of doctors.

There are perceived advantages to AI prescribing in a world facing shortages of primary care physicians, as well as certain specialists. The public health goal is to make sure that patients have access to safe, effective drugs and continue receiving them for as long as it is appropriate. There are documented scientific studies in Western countries on non-adherence, failure to take the drugs of a first prescription, and failure to get refill prescriptions. True enough, AI could reduce pervasive medication errors, enhance process efficiency, and free physicians to focus on complex diagnostic tasks or human-to-human interactions.

Yet for all that, technology-driven revolutions can also cause damage, create waste, and even destabilise the medical connection. They could reduce the patient-clinician encounters and substantially reduce the prospects for physicians to spot other problems and for patients to raise anxieties and ask questions. Doctors have to go through a rigorous process of training and demonstration of clinical fitness to be allowed to practice medicine. AI prescribers face no equivalent safety process. AI companies generally do not openly reveal the precise operational details of the software’s abilities to make medical decisions. In the Utah deal, generalisations were offered, including that the AI prescriber is “trained on established medical protocols,” and that its algorithm continues to progress through “feedback loops.” However, they are far from the absolute detailed guarantees that training of a physician offers.

In the American System of Governance, most states have long maintained foundational laws for dispensing medicines, positioning licensed physicians and pharmacists as essential caretakers and even as gatekeepers. Federal Law requires that any drug that “is not safe for use except under the supervision of a practitioner licensed by law” must be dispensed only “upon a written prescription of a practitioner licensed by law“. AI prescribers are not licensed “practitioners” of medicine, and here, Utah has waived state requirements. It has waived State Laws for businesses with novel ideas deemed potentially beneficial to consumers.

Under the main FDA statute, an AI prescriber comes under an “instrument, apparatus, implement, or machine clearly intended for use in the cure, mitigation, treatment, or prevention of disease,” which makes it an FDA-regulated medical device. The 21st Century Cures Act of 2016 created exemptions for software involving administrative support, general wellness, or electronic record storage. For clinical software, the FDA has generally exercised enforcement discretion only for tools that aid physician decisions. By design, AI prescribers remove the physician, meaning that FDA oversight is required.

However, in the Utah deal, the company has apparently not attempted to approach the FDA about the technology, thereby working on the presumption that the FDA does not regulate the practice of medicine. True enough, Federal Law and the FDA itself express that the FDA does not regulate the practice of medicine. However, Federal Law also emphasises that medical devices and drugs must be legally sold and used within a legitimate patient-clinician relationship. Federal Law does not permit the replacement of physicians with unlicensed computers.

The scientific aspects of the conundrum imply that the current political administration appears to be disregarding some of the federal oversight. Since its 2025 inauguration, the executive branch of the current administration has rescinded previous AI governance orders, encouraged the removal of policies that might impair innovation, and issued an executive order aimed at reducing federal funds for states that strictly regulate AI. The USA Commissioner of Food and Drugs has clearly emphasised the need for AI innovation. Given this antiregulatory environment for AI, the prospect of federal intervention against initiatives like AI prescribers appears to be quite slim.

As federal and state regulators retreat, private parties have stepped in. The Joint Commission (TJC), a private, non-profit organisation that functions as the primary accrediting body for healthcare organisations, recently released non-binding guidance urging healthcare organisations to establish internal AI governance structures and rigorously measure outcomes. The success of AI prescribers will ultimately depend on the acceptance of health systems, which should demand robust evidence of safety and effectiveness, optimally in the form of clinical trials.

Tort law, a branch of civil law that deals with public wrongs such as situations where one person’s behaviour causes some form of harm or loss to another, remains a potential avenue for addressing patient harm because Utah’s agreement leaves such remedies intact. However, injured patients face significant hurdles. Courts will have to determine whether AI could be held to the same standard of care as a human physician. A product liability lawsuit would typically require a plaintiff to show that there was a reasonable alternative design, a challenge for AI black-box technologies. Furthermore, companies might argue that patients “assumed the risk” of using the AI prescriber. However, that is not a complete defence.

AI prescribing would be safest under concurrent state and federal oversight. Yet Utah has granted a state waiver, and FDA compliance has not been demonstrated. Other companies may take the lesson that they can bypass federal safety standards, and they may race into the market to ensure they are not left behind.

Some examples beg for caution. The FDA fell behind in regulating flavoured e-cigarettes, which are now ubiquitous and have contributed to a youth e-cigarette epidemic, which has even reached Sri Lanka. The sheer scale of the unauthorised market and the subsequent legal tactics used by tobacco companies turned premarket requirements into a mere technicality. If AI prescribing becomes the industry standard before safety and liability frameworks are established, the power problem may render future regulation infeasible.

Although AI offers the promise of increased efficiency and expanded access, the evasion of legal obligations by early movers raises profound concerns. The company that is marketing the AI Prescriber is operating in a unique legal “grey zone” that has sparked intense debate among regulators and medical associations.

Incorporating AI into modern health care must be evidence-based and responsible. Physicians and health systems should insist that AI technologies should not be allowed to bypass long-standing and proven legal guardrails governing medical products. That needs to be the axiom that should apply not only to the Western nations but to the whole wide world.

by Dr B. J. C. Perera

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

An Independent Freelance Correspondent.

 

Continue Reading

Features

From the Handbook for Bad Political Appointments

Published

on

The Geathiswaran Chapter:

Dr. Ganesanathan Geathiswaran, Sri Lanka’s Deputy High Commissioner in Chennai is in hot water, dragging in with him the Foreign Ministry as well as the Sri Lanka government into a worthless controversy. It stands as a classic example of a misplaced political appointment to a sensitive public position paid for by hapless Sri Lankan taxpayers. And that too by a government that came to power promising not to politicise appointments.

Why would a meeting between a Sri Lankan diplomat and a group of fishermen in South India in the last week of March 2026 be controversial? After all, illegal fishing in Sri Lankan waters by South Indian fishermen from the Tamil Nadu area, which negatively impacts the livelihoods of mostly Tamil-speaking Sri Lankan fishing communities, is a perennial problem that neither Sri Lankan nor Indian governments have been able to resolve. This is also a consistent political issue in Tamil Nadu politics. In this context, a Sri Lankan diplomat meeting local fishermen might well be within his job description. But the issue is how and where such a meeting should take place. The bottom line is that it should not be a public event.

Speaking to The Hindu on 5April 2026, Geathiswaran insisted his presence in the meeting was a “routine visit” and that the event was not organised by any political party. He also said, “I’m not here to do politics” and “I have nothing to do with politics.” He further insisted, “I did not take part in any political campaign. It was in an open area along the seashore. The meeting was not on a stage and in a public area.” These utterances show both Geathiswaran’s naivety, woeful lack of experience and understanding of the nature of politics in the region where he is our country’s chief diplomat.

Be that as it may, let us look at the optics and substance of the said event. According to information circulating in the media in both Sri Lanka and India, the Deputy High Commissioner attended a meeting with local fishermen in Puducherry. It was not a closed-door meeting. It appears, the Sri Lankan diplomat was invited to the event or it was coordinated by Jose Charles Martin, the leader of the newly formed political party, Latchiya Jananayaga Katchi (LJK). Though launched only in 2025, the LJK has been making inroads into Tamil Nadu politics mostly funded by the business interests and funds of Martin’s father, the well-known lottery tycoon, Santiago Martin. LJK joined the BJP-led NDA in the ongoing Puducherry Assembly Elections of 2026. Moreover, as indicated in the photographs in circulation, one can easily see the presence of several BJP politicians including V. P. Ramalingam, BJP’s Puducherry president and a candidate in the Raj Bhavan constituency.

Members of Martin’s family are craftily aligned with different Tamil Nadu political formations. Jose Charles Martin himself is contesting the Puducherry electoral area as a BJP ally, while his mother is contesting from the AIADMK, and his brother-in-law is contesting as a candidate of the Tamilaga Vettri Kazhagam (TVK) party.

Therefore, Geathiswaran’s assertion that the event was not organised by a political party is blatantly false. Further, the event does not become non-political just because of the absence of a stage just as much as a stage does not provide political attributes merely because of its higher elevation. It is unacceptable that a diplomat hand-picked by the Sri Lankan President for the important station of Chennai, thereby depriving the appointment of a senior career diplomat with years of work experience and awareness of political nuance and optics, can be allowed to be this naïve.

It is in this context that Pawan Khera, a senior leader of the Indian National Congress, complained in an X post on 4 April tagging the Indian External Affairs Minister noting that Geathiswaran’s participation in the meeting was “a gross violation of the 1961 Vienna Convention on Diplomatic Relations”, according to which “diplomats ‘have a duty not to interfere in the internal affairs of that State.’” He also noted in his post that the diplomat was invited by the leader of the LJK and also referred to the presence of senior BJP politicians. Leaving aside the overemphasis of the Vienna Convention, which in this instance makes no sense, the issue at hand is the complete lack of common sense on the part of the Sri Lankan diplomat that allowed this controversy to arise in the first place. Despite his insistence on not engaging in politics, which in the case is likely true, this was very clearly a political event, politically conceived, perceived and packaged, organised by a political party, and conducted in the presence of allied politicians who were contesting in a local election. As a foreign diplomatic representative, Geathiswaran should have the cerebral wherewithal to make the distinction or at least seek guidance from his superiors at the Foreign Ministry in Colombo.

Diplomats need not shy away from controversy if it makes sense and benefits the nation. But the incident under reference is purely nonsensical from any perspective. This brings me back to Geathiswaran’s appointment as Sri Lanka’s Deputy High Commissioner in Chennai, itself. What unique experiences did he bring to the post? Of course, he is Tamil-speaking. So are hundreds of thousands of other citizens in the country including potentially competent, well-trained, intelligent and experienced career diplomats. I am not saying that political appointments are necessarily unfavourable, though not ideal unless they bring to the service expertise that the Foreign Service does not have. But what quality and qualification does Geathiswaran possess for the position that is lacking in a career foreign service officer?

Does he bring in access to the different segments of Tamil Nadu political landscape that no one else has? If so, should this controversy not have arisen in the first place, owing to the good connections to the entire political spectrum? In short, he brings absolutely nothing to his office and the country he represents. He also does not have any diplomatic or any other public or private sector experience that would have injected sense and nuance into the present posting. His only qualification is the close political connection to the NPP through family.

This fiasco brings to mind some ideas I presented in 2024 in the government’s own newspaper, the Observer two weeks before the NPP government was established and about one month after President Dissanayake assumed office. Since those conditions still remain valid and the present incident raises the same alarm I raised then, I think it is worth reflecting on them yet again:

“During the last three decades, particularly during the Rajapaksa administration, Sri Lanka’s Foreign Service saw a significant nosedive … In real terms what this means is, the Foreign Service has been encroached by individuals purely based on their political and nepotistic connections, with little or no regard for requisite qualifications, expertise or experience. This is observed not only at ambassadorial level, but also right down to the junior levels in our overseas missions … The main reason for the sorry state of the Sri Lanka Foreign Service is that it has been problematically and parochially politicised over a long period of time, without any pushback … Political appointments are a serious problem. Due to the appointment of completely unqualified individuals on political patronage, there are very few intelligent and well-trained personnel in our embassies in the major cities of the world who are able to proactively work in the country’s interest, when problems arise at the global level. Furthermore, it is also not apparent if there are officials in the Ministry who can advise their unenlightened political superiors without fear and stand their ground on principle. This situation has come about as a matter of simple personal survival and bread-and-butter purposes, owing to which both the larger interest of the Service and self-respect of officers have been clearly compromised.”

Is this not what the Chennai incident also indicates? Geathiswaran being a wrongful appointment is one matter. But it also appears that he did not even have the common sense to seek advice before the meeting in Puducherry or such advice was simply not forthcoming or heeded, as political appointees are generally considered a know-it-all bunch who have the ears of the political hierarchy, and therefore above the norms and regulations that apply to mere career officials.

For many of us the advent of the NPP to power signified the dismantling of the culture of political patronage in which diplomatic postings were rewards for loyalty and friendships. It took less time for the present government than others to go against its own repeatedly stated pre-election positions and to stuff the Foreign Service with incompetent individuals. The present fiasco authored by one of these appointees exemplifies the consequences of this continuing malpractice.

Let me leave readers and government apologists with the words of Tom Nichols, former professor at the U.S. Naval War College about Trumpian ambassadorial appointments, as this applies to our country too: “[With some of his ambassador choices], Trump has elevated diplomatic incompetence to an art.”

Sri Lanka just might outdo the mighty US President on this score.

Continue Reading

Trending