Features
The 20A:
A very wrong approach to Constitution-making
by Jayadeva Uyangoda
The proposed 20th Amendment has several major defects. One of its key faults is that its sponsors and framers have chosen a very wrong approach to constitution-making.
There are several reasons why this approach is wrong.
The first is their refusal to learn constructive lessons from the past constitutional reform experiments. The lessons that seem to have been learned are all partisan, narrow-mimed, politically short-sighted, and therefore, wrong ones.
The second is that the framers of the 20A are not animated by the larger democratic interests of the political community which Sri Lankan people constitute collectively. Instead, the primary motivating factor seems to be political self-interest.
The third is that the proposed Amendment is totally devoid of a democratic normative framework relevant to our society and its own progressive-modernist legacies of constitutionalism. Instead, in disinheriting the progressive legacies of our society’s modern political and social life, it builds itself on one or two dreadful and destructive experiments of constitution-making in the recent past.
Lessons from the Past
Sri Lanka has a relatively long history of unmaking, making and amending constitutions. They offer a rich array of lessons about what to be avoided as well in constitution-making.
Both the First and Second Republican Constitutions of 1972 and 1978 together and individually offer the following lessons:
(a) Any popular mandate for a new Constitution should not be interpreted as licence to undermine or remove the democratic checks and balances in the exercise of political power. The reason is quite clear: it would encourage rulers and bureaucracies to violate with impunity citizens’ freedoms and liberties. Such misuse of the popular mandate is certain to produce tyrannical consequences and ultimately will erode the legitimacy of the government itself.
(b) Undermining the rule of law, weakening the independence of the judiciary, and making the accountability institutions subservient to the executive will initially please the egos of the politicians and officials, but in the long run are bound to create a deep chasm between the government and the citizens, rulers and the ruled.
(c) The eventual political cost of ignoring minority demands for political equality and equal citizenship rights in a constitutional scheme can be quite high. It will create a condition of unending ethnic tension in society as well as between the state and the alienated minorities.
(d) Constitutions with undemocratic intent as well as content will harm the legitimacy of not only the government in power, but also the prevailing system as a whole.
Lessons from 1978C and its 18A
Both the original 1978 Constitution and its 18th Amendment, together as well as individually, offer us the following crucial lessons:
(a) Any ruling party or government that ignores the golden rule of democratic governance that (a) political power is NOT unlimited and that (b) the right to, and exercise of, political power has inherent limits will do so only at its own peril.
(b) Any new Constitution, or any major alteration to an existing one, should not be designed to please the personal desires (‘whims and fancies’) of an individual, however powerful he or she may be at the time of constitution-making. A constitution thus designed is certain to come into conflict with the actual and objective needs of society as well as aspirations of its citizens.
(c) A new constitutional scheme should not be designed to serve only the interests of newly emerged wealthy elites in society. When a Constitution becomes an instrument of a narrow class of wealthy elites, who are suspicious of the dispersal of political power among citizens in a democracy, and entertain political ambitions to capture the state, it runs the risk of providing legality to despotism.
Lessons from 19A
There are four key lessons, among many, to be learned from the process of making the much-maligned 19th Amendment:
(a) Wide consultation in the drafting process is not only useful, but also helpful to improve the level of democratic health in the polity.
(d) It is always better to build consensus across all political parties in Parliament for a major amendment or a new Constitution. Constitutional consensus-building in a deeply divided polity like ours is a frustrating and time-consuming political exercise. Yet, it enables all, or a majority of, the stakeholders to take part in the process, make their inputs, and claim some ownership to the outcome although for partisan political reasons, some might later withdraw from the consensus.
(e) If the consultation and consensus-building in constitution-making is not politically managed with clarity of purpose, the overall goals of the constitutional compromise may run the risk of producing a constitutional scheme with potentially harmful internal anomalies and contradictions.
(f) A democratic constitution-making exercise today needs, more than ever, an unwavering political leadership to champion it through to the end by innovative and imaginative democratic means. The reason is a paradoxical one. Alternatives to democracy are also competing with democracy, with enormous material resources, to gain popular support and loyalty through democratic means. In this age of right-wing populism, media-manufactured popular consent and manipulation of public perceptions through information pollution, post-democratic alternatives tend gain easy currency and public legitimacy.
Constitutions and the Political Community
A Constitution is in the final analysis a Constitution for the entire political community within a country. Although the basic nature of that constitution may be conceptualised by a ruling party, to be sustainable and be able to survive post-regime change shocks, it should not reflect only the agenda of that ruling party or an individual leader. Experience in Sri Lanka as well as other countries shows that such constitutions have been the first step to despotism in some form.
Rather, a Constitution should embody the highest democratic goals and aspirations – ‘noble ends’ — of the political community, that are open to be shared voluntarily by the vast majority of members of that political community, notwithstanding the momentary shifts in their political judgment occasionally expressed at periodic elections.
A Normative Framework Needed
A good Constitution is always a democratic one. A good democratic Constitution for Sri Lanka should be guided by a value framework embodying a synthesis of the normative ethics which the people of our political community have inherited from our own liberal democratic, republican and social-egalitarian traditions, evolved through our own political and social modernity.
The Indian and South African Constitutions are model post-colonial Constitutions that are guided by such a value synthesis, derived from the best traditions of modern constitutionalism as well as egalitarian and social-justice impulses inherent in their local cultures and histories.
What legacy? What inheritance?
Finally, Sri Lankan constitution-makers should not consider the South-East Asian developmentalist authoritarian state model as a new constitutional template for Sri Lanka, because it goes against our own progressive constitutionalist legacy evolved during the past century or so.
What needs to be inherited and further advanced is that progressive strand of constitutionalism which we can claim as authentically modern and local. It appears that the framework of 20A have sought inspirations from wrong constitutional models, at home and abroad, that are devoid of any democratic normative content.
The Supreme Court, where the constitutional validity of the proposed 20th Amendment will be examined and debated, is an eminently suitable forum to raise these points as well. In a number of previous judgments, and as recently as December 2018, our Supreme Court has repeatedly validated the inherent normative framework of Sri Lanka’s own tradition of democratic constitutionalism.
Alerting our Honourable Justices, who make up the much revered public institution that is the last bastion of citizens’ freedom and democracy, should also be a part of the struggle for re-inheriting and defending our own best legacies of political and social modernity.
Features
India shaping-up as model ‘Swing State’
The world of democracy is bound to be cheering India on as it conducts its 77th Republic Day celebrations. The main reasons ought to be plain to see; in the global South it remains one of the most vibrant of democracies while in South Asia it is easily the most successful of democracies.
Besides, this columnist would go so far as to describe India as a principal ‘Swing State.’ To clarify the latter concept in its essentials, it could be stated that the typical ‘Swing State’ wields considerable influence and power regionally and globally. Besides they are thriving democracies and occupy a strategic geographical location which enhances their appeal for other states of the region and enables them to relate to the latter with a degree of equableness. Their strategic location makes it possible for ‘Swing States’ to even mediate in resolving conflicts among states.
More recently, countries such as Indonesia, South Africa and South Korea have qualified, going by the above criteria, to enter the fold.
For us in South Asia, India’s special merit as a successful democracy resides, among other positives, in its constitutionally guaranteed fundamental rights. Of principal appeal in this connection is India’s commitment to secularism. In accordance with these provisions the Indian federal government and all other governing entities, at whatever level, are obliged to adhere to the principle of secularism in governance.
That is, governing bodies are obliged to keep an ‘equidistance’ among the country’s religions and relate to them even-handedly. They are required to reject in full partiality towards any of the country’s religions. Needless to say, practitioners of minority religions are thus put at ease that the Indian judiciary would be treating them and the adherents of majority religions as absolute equals.
To be sure, some politicians may not turn out to be the most exemplary adherents of religious equality but in terms of India’s constitutional provisions any citizen could seek redress in the courts of law confidently for any wrongs inflicted on her on this score and obtain it. The rest of South Asia would do well to take a leaf from India’s Constitution on the question of religious equality and adopt secularism as an essential pillar of governance. It is difficult to see the rest of South Asia settling its religious conflicts peacefully without making secularism an inviolable principle of governance.
The fact is that the Indian Constitution strictly prohibits discriminatory treatment of citizens by the state on religious, racial, caste, sex or place of birth grounds, thus strengthening democratic development. The Sri Lankan governing authorities would do well to be as unambiguous and forthright as their Indian counterparts on these constitutional issues. Generally, in the rest of South Asia, there ought to be a clear separation wall, so to speak, between religion and politics.
As matters stand, not relating to India on pragmatic and cordial terms is impossible for almost the rest of the world. The country’s stature as a global economic heavyweight accounts in the main for this policy course. Although it may seem that the US is in a position to be dismissive of India’s economic clout and political influence at present, going forward economic realities are bound to dictate a different policy stance.
India has surged to be among the first four of global economic powers and the US would have no choice but to back down in its current tariff strife with India and ensure that both countries get down to more friction-free economic relations.
In this connection the EU has acted most judiciously. While it is true that the EU is in a diplomatic stand-off of sorts with the US over the latter’s threat to take over Greenland and on questions related to Ukraine, it has thought it best to sew-up what is described as an historic free trade agreement with India. This is a truly win-win pact that would benefit both parties considering that together they account for some 25 percent of global GDP and encompass within them 3 billion of the world’s population.
The agreement would reduce trade tariffs between the states and expand market access for both parties. The EU went on record as explaining that the agreement ‘would support investment flows, improve access to European markets and deepen supply chain integration’.
Besides, the parties are working on a draft security and defence partnership. The latter measure ought to put the US on notice that India and the EU would combine in balancing its perceived global military predominance. The budding security partnership could go some distance in curbing US efforts to expand its power and influence in particularly the European theatre.
Among other things, the EU-India trade agreement needs to be seen as a coming together of the world’s foremost democracies. In other words it is a notable endorsement of the democratic system of government and a rebuffing of authoritarianism.
However, the above landmark agreement is not preventing India from building on its ties with China. Both India and China are indicating in no uncertain terms that their present cordiality would be sustained and further enriched. As China’s President Xi observed, it will be a case of the ‘dragon and the elephant dancing together.’
Here too the pragmatic bent in Indian foreign policy could be seen. In economic terms both countries could lose badly if they permit the continuation of strained ties between them. Accordingly, they have a common interest in perpetuating shared economic betterment.
It is also difficult to see India rupturing ties with the US over Realpolitik considerations. Shared economic concerns would keep the US and India together and the Trump administration is yet to do anything drastic to subvert this equation, tariff battles notwithstanding.
Although one would have expected the US President to come down hard on India over the latter’s continuing oil links with Russia, for instance, the US has guarded against making any concrete and drastic moves to disrupt this relationship.
Accordingly, we are left to conclude from the foregoing that all powers that matter, whether they be from the North or South, perceive it to be in their interests to keep their economic and other links with India going doubly strong. There is too much to lose for them by foregoing India’s friendship and goodwill. Thus does India underscore its ‘Swing State’ status.
Features
Securing public trust in public office: A Christian perspective – Part III
Professor, Dept of Public & International Law, Faculty of Law, University of Colombo, Sri Lanka and independent member, Constitutional Council of Sri Lanka (January 2023 to January 2026)
This is an adapted version of the Bishop Cyril Abeynaike Memorial Lecture delivered on 14 June 2025 at the invitation of the Cathedral Institute for Education and Formation, Colombo, Sri Lanka.
(Continued from yesterday)
Conviction
I now turn to my third attribute, which is conviction. We all know that we can have different types of convictions. Depending on our moral commitments, we may think of convictions as good or bad. From the Bible, the convictions of Saul and the contrasting convictions of Paul (Saul was known as Paul after his conversion) provide us with an excellent illustration of the different convictions and value commitments we may have. As Christians we are required to be convinced about the values of the Kingdom of God, such as truthfulness and rationality, the first and second attributes that I spoke of. We are also called to act, based on our convictions in all that we do.
I used to associate conviction with fearlessness, courage or boldness. But in the last two to three years of my own life, I have had the opportunity to think more deeply about the idea of conviction and, increasingly, I am of the view that conviction helps us to stand by certain values, despite our fears, anxieties or lack of courage. Conviction forecloses possibilities of doing what we think is the wrong thing or from giving up. Recall here the third example I referred to, of Lord Wilberforce and his efforts at abolishing the slave trade and slavery. He had to persevere, despite numerous failures, which he clearly did. In my own experiences, whether at the university or at the Constitutional Council, failures, hopelessness, fear or anxiety are real emotions and states of mind that I have had to deal with. In Sri Lanka, if convictions about truth, rationality and justice compel a public official to speak truth to power and act rationally, chances are that such public official has gone against the status quo and given people with real human power, reason to harm them. Acting out of conviction, therefore, can easily give rise to a very human set of reactions – of fear for oneself and for one’s family’s safety, anxiety about grave consequences, including public embarrassment and, sometimes, even regret about taking on the responsibilities that one has taken on. In such situations, such public officials, from what I have noticed, do not ever regret acting out of conviction, but rather struggle with the implications and the consequences that may follow.
When we consider the work of Lord Wilberforce, Lalith Ambanwela and Thulsi Madonsela we can see the ways in which their convictions helped them to persist in seeking the truth, in remaining rational and in seeking justice. They demonstrate to us that conviction about truth and justice pushes and even compels us to stand by those ideals and discharge our responsibilities in a principled and ethical way. Convictions help us to do so, even when the odds are stacked against us and when the status quo seems entrenched and impossible to change. This is well illustrated in how Wilberforce persisted with his attempts at law reform, despite the successive failures.
Importantly, some public officials saw the results of acting out of conviction in their lifetime, but others did not. Wilberforce saw the results of his work in his lifetime. Dietrich Bonhoeffer, a German theologian who opposed Hitler’s rule, was executed, by hanging, by the Nazi German state, a couple of weeks before Hitler committed suicide. Paul spent the last stage of his life as a prisoner of the Romans and was crucified. These examples suggest that conviction compels us to action, regardless of our chances of success, and for some of us, even unto death. Yet, conviction gives us hope about the unknown future. Conviction, indeed, is a very powerful human attribute.
I will not go into this, but the Christian faith offers much in terms of how a public official may survive in such difficult situations, as has been my own experience thus far.
Critical Introspection
I chose critical introspection as the fourth attribute for two reasons. One, I think that the practice of critical introspection by public officials is a way of being mindful of our human limitations and second it is a way in which we can deepen and renew our commitment to public service. Critical introspection, therefore, in my view, is essential for securing public trust and it is an attribute that I consider to be less and less familiar among public officials.
In Jesus, and in the traditions of the Church, we find compelling examples of a commitment to critical introspection. During his Ministry, he was unapologetic about taking time off to engage in prayer and self-reflection. He intentionally went away from the crowds. His Ministry was only for three years and he was intentional about identifying and nurturing his disciples. These practices may have made Jesus less available, perhaps less ‘productive’ and perhaps even less popular. However, this is the approach that Jesus role-modelled and I would like to suggest to you today, that there is value in this approach and much to emulate. Similarly, the Biblical concept of the Sabbath has much to offer to public officials even from a secular perspective in terms of rest, stepping away from work, of refraining from ‘doing’ and engaging with the spiritual realm.
Importantly, critical introspection helps us to anticipate that we are bound to make mistakes. no matter how diligent we may be and of our blind spots. Critical introspection creates space for truth, rationality and conviction to continue to form us into public officials who can secure public trust and advance it.
In contrast, I have found, in my work, that many embrace, without questioning, a relentless commitment to working late hours and over the weekends. This is, of course, at the cost of their personal well-being, and, equally importantly, of the well-being of their families. Relentless hard work, at the cost of health and personal relationships, is commonly valorised, rather than questioned, from what I can see, ironically, even in the Church.
One of the greatest risks of public officials not engaging in critical introspection is that they may lose the ability to see how power corrupts them or they may end up taking themselves too seriously. I have seen these risks manifest in some public officials that I work with – power makes them blind to their own abuse of power and they consider themselves to be above others and beyond reproach.
Where a public official does not practice critical introspection, the trappings of public office can place them at risk of taking themselves too seriously and losing their ability to remain service-oriented. Recall the trappings of high constitutional office – the security detail, the protocol and sometimes the kowtowing of others. It is rare for us to see public officials who respond to these trappings of public office lightly and with grace. Unfortunately for us, we have seen many who thrive in it. In my own work, I have come across public officials who are extremely particular about their titles and do not hesitate to reprimand their subordinates if they miss addressing them by one of their titles. Thankfully, I also know and work with public officials who are most uncomfortable with the trappings of public office and suffer it while preserving their attitude of humility and service.
Permit me to add a personal note here. In April 2022 a group of Christians and Catholics decided to celebrate Maundy Thursday by washing the feet of some members of the public. I was invited to come along. On that hot afternoon, in one corner of public place where people were milling about, the few of us washed the feet of some members of the public, including those who maintain the streets of Colombo. I do not know what they thought of our actions but I can tell you how it made me feel. The simple act of kneeling before a stranger and one who was very obviously very different to me, and washing their feet, had a deep impact on me. Many months later, when I was called, most unexpectedly, to be part of Sri Lanka’s Constitutional Council and had to struggle through that role for the better part of my term, that experience of washing feet of member of the public became a powerful and personal reminder to me of the nature of my Christian calling in public service. I do think that the Christian model of servant leadership has much to offer the world in terms of what we require of our public officials.
Compassion
Due to limitations of time, I will speak to the fifth attribute only briefly. It is about compassion – an aspect of love. Love is a complex multi-dimensional concept in Christianity and for today’s purposes, I focus on compassion, an idea that is familiar to our society more generally in terms of Karuna or the ability to see suffering in oneself and in others. The Gospels, at one point, record that when Jesus saw the crowds that he was ministering to, that he had compassion on them.
Of course, we know that the people are not always mere innocent victims of the abuse of power but can be active participants of the culture of patronage and corruption in our society. Nevertheless, for public officials to secure public trust, I think compassion, is essential. Compassion, however, is not about bending the rules, arbitrarily, or about showing favouritism, based on sympathy. In Sri Lanka we are hard pressed to find examples of compassion by public officials, at high levels, despite the horrors we have experienced in this land. However, in the everyday and at lower layers of public service, I do think there are powerful acts of compassion. An example that has stayed with me is about an unnamed police officer who is mentioned in the case of Yogalingam Vijitha v Wijesekera SC(FR) 186/2001 (SC Minutes 28 August 2002). In 2001, Yogalingam Vijitha was subject to severe forms of sexual torture by the police. After one episode of horrific torture, including the insertion of the tip of a plaintain-flower dipped in chilli to her vagina, the torturers left her with orders that she should not be given any water. This unnamed police officer, however, provided her with the water that she kept crying out for. In a case which records many horrific details about how Yogalingam Vijitha was tortured, this observation by the Court, about the unnamed police office, stands out as a very powerful example of compassion in public office.
Compassion for those who seek our services whether at university, at courts or at the kachcheri, should be an essential attribute for public officials.
Aspects not explored
There is much more that can be said about what a Christian perspective has to offer in terms of securing public trust in public office but due to limitations of time, I have only spoken about truthfulness, rationality, conviction, critical introspection and compassion – and that, too, in a brief way. I have not explored today several other important attributes, such as the Christian calling to prioritise the vulnerable and the Christian perspectives on confession, forgiveness and mercy that offers us a way of dealing with any mistakes that we might make as public officials. I have also not spoken of the need for authenticity – public officials ought to maintain harmony in the values that they uphold in their public lives with the values that they uphold their personal lives, too. Finally, I have not spoken of how these attributes are to be cultivated, including about the responsibility of the Church in cultivating these attributes, practice them and about how the Church ought to support public officials to do the same.
Securing Public Trust
Permit me to sum up. I have tried to suggest to you that cultivating a commitment to truthfulness, rationality, conviction about the values of public service, critical introspection and compassion – are essential if public officials are to secure public trust.
The crisis of 2022 is a tragic illustration of the pressing need in our society to secure trust in public office. In contrast, the examples of Thulsi Madonsela, former Public Protector of South Africa, of late Lalith Ambanwela, former Audit Superintendent from Sri Lanka and Lord Wilberforce illustrate that individual public officials who approach public service can and have made a significant difference, but, of course, at significant personal cost. Given the mandate of this memorial lecture, I drew from the Christian faith to justify and describe these five attributes. However, I do think that a similar secular justification is possible. Ultimately, secular or faith-based, we urgently need to revive a public and dynamic discourse of our individual responsibilities towards our collective existence, including about the ways in which can secure public trust in public office. I most certainly think that the future of our democracy depends on generating such a discourse and securing the trust of the public in public office.
If any of you here have been wondering whether I am far too idealistic or, as some have tried to say, ‘extreme’ in the standard that I have laid out for myself and others like me who hold public office – I will only say this. Most redeeming or beautiful aspects of our human existence have been developed mostly because individuals and collectives dared to dream of a better future, for themselves and for others. Having gone through what has easily been the toughest two-three years of my life, I know that, here in Sri Lanka, too, we have among us, individuals and collectives who dare to dream of a better future for this land and its peoples – and they are making an impact. Three years ago, you could have dismissed what I have had to say as being the musings of an armchair academic – but today, given my own experiences in public office with such individuals who have dared to dream of a better future for us, I can confidently tell you – these are not mere musings of an armchair academic but rather insights drawn from what I have been witness to.
(Concluded)
by Dinesha Samararatne
Features
High-end tourists or budget-friendly visitors!
According to the Sri Lanka Tourism Development Authority (SLTDA), over 130,000 tourists have arrived in the country during the first 15 days of this year.
Impressive, indeed, but how many of them make up the big spending list, or were the majority backpackers?
Of course, we need both – the big spenders and the backpackers – but, as one knowledgeable source said, it’s better to have 10 tourists spending 1000 dollars (per day) than 1000 tourists spending 10 dollars (per day)!
When it comes to tourism, countries often prioritise big spenders over high numbers. Why? Because big spenders bring in more revenue.
A smaller number of high-spending tourists can generate more income for local businesses, infrastructure, and communities, compared to a large number of low-spending visitors.
For example, luxury travellers tend to spend more on accommodation, dining, and activities, boosting the local economy.
Yes, Sri Lanka’s got the potential to attract both – high-end tourists and a steady flow of budget-friendly visitors.
One would say that with our rich culture, stunning beaches, and wildlife, Sri Lanka is a gem for tourism – the high-end tourists, in particular – but, at the same time, the question crops up: how come lots of big spenders visit the Maldives, and the Maldives have no nightlife, wildlife, etc.?
The big spenders, I’m told, visit the Maldives for total relaxation…to check out the beaches and the beautiful resorts, and that’s because they seek exclusivity, luxury, and relaxation.
They’re drawn to stunning beaches, high-end resorts, privacy and exclusivity, world-class amenities (spas, fine dining), unique experiences (sunset cruises, snorkeling).
And, guess what! Anant Ambani, son of Indian businessman Mukesh Ambani, and his wife Radhika Merchant, have arrived in the Maldives for a holiday.
Ambani’s Boeing 737 private jet landed in the Maldives on Saturday (17) and they are currently staying at Waldorf Astoria Maldives Ithaafushi’s private island.
The Ambani family has previously spent holidays in the Maldives. Last year, other members of the family spent the Christmas and New Year period at Waldorf Astoria Maldives Ithaafushi.
In fact, even singer Madonna went to the Maldives, a few years ago, for a $32,000-a-week Maldives holiday, with her family – cycling, sunset picnics on private beaches, infinity pools, luxury spas, etc.

Madhuri Dixit’s cooking scene in Sri Lanka
In early 2020, Bollywood actress Madhuri Dixit visited Sri Lanka for a family vacation, during which she explored local culture, nature, and cuisine.
She took a local cooking class during her visit, which, she later mentioned, was helpful during the 2020 COVID-19 lockdown.
Dixit described a tour of a local tea factory as “intricate and interesting”.
Perhaps, we should introduce Tea Plantations Retreats – High-end bungalows in tea estates with tea-tasting sessions.
Dixit’s trip also included visits to scenic spots in the mountains.
No doubt, Sri Lanka’s got the natural beauty, rich culture, and warm hospitality but we need to package it into luxury experiences that big spenders crave; Think boutique hotels, private villas, and curated experiences.
We should tap more into this luxury relaxation vibe – maybe we could add some more sparkle by introducing Gourmet Food Trails: Exclusive culinary tours with private chefs, wine tastings, and farm visits; Festival Experiences: VIP access to Esala Perahera or Vesak festivals with cultural performances; Island Hopping: Luxury yacht cruises to untouched islands, like Pigeon Island or coral reefs; Adventure Sports: Private surfing lessons in Arugam Bay or hot air balloon rides over Ella.
I believe Sri Lanka could become the ultimate luxury destination if the SLTDA works diligently towards that goal.
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