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The Judicial Power of the People and a Presidential Interpretation of our Constitution?

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Friday Forum media release:

‘Since 1972 this country has known no monarch and the President has not inherited that mantle.All his powers are limited by the provisions of the constitution.’Dissolution of Parliament Case (2018)

We as citizens of the country have witnessed in the past weeks some grave political developments that impact the governance of our country.On 31 January the President’s Media Division (PMD) released a public document. This document indicates that it is meant to be the Secretariat’s interpretation of the President’s powers under our constitution.

Just before the PMD release, the Online Safety Bill was signed into law by the Speaker. This Bill was brought to Parliament after the Determination of the Supreme Court which required 31 amendments. The OSA was very controversial legislation, criticized by civil society, local experts and international organizations and Tech companies. They expressed grave concerns on its damaging impact on the democratic and fundamental rights of the people.

The Speaker ignored calls by the Opposition for time to debate the Bill in parliament and ensure that it complied with the amendments that the Court had determined were essential for this law to be legal. The Opposition had pointed out that compliance was essential to ensure the OSA was a valid law according to our constitution.

The Speaker’s actions have resulted in the OSA Act becoming the law of the country, with no assurance that it conforms to the Supreme Court Determination and the constitution. This is unprecedented in parliamentary procedures. We now have a law whose legality is doubtful.

Both these developments indicate a growing trend towards authoritarian governance, disregarding the constitution and the democratic rights of the people. The Friday Forum draws attention to some matters that clarify that the misleading media release of the Presidential Secretariat, published with the President’s approval, must be challenged and rejected:

· Under our constitution only the Supreme Court can interpret the constitution. The President and the Presidential Secretariat have no role and authority in this regard.

· For 76 years the courts, and their independence from the Executive and parliament through a constitutional system of checks and balances, has been a foundational value in governance in Sri Lanka, and is recognized in the1978 constitution. That concept has not been eliminated by 21 later amendments to this constitution. It is reflected in post- independence jurisprudence of the Superior Courts of the country, especially the apex Supreme Court.

· The document indicates that the President is empowered to exercise all powers under the constitution at the President’s sole discretion. No public institution, including the courts and the Constitutional Council on high post appointments, have a right to place any obstacles to the exercise of Presidential powers. If the President is deemed to have acted unconstitutionally, by exceeding his powers, the constitution “provides a procedure to address this”.

The President has taken an oath of office as President, and also as a lawyer, to be guided by the constitution of the country in all his actions. This PMD document suggests that he can disregard the constitution if he thinks that this is best for the country. The fact that he is challenging the Opposition in parliament to respond perhaps with an impeachment motion is indicative of his confidence in his parliamentary majority that will, as in the past, raise their hands in support of him with mindless loyalty whatever are the consequences for the country.

· The Supreme Court has indicated in many judgments in the last decades, that public office must be held in public trust and official powers must be exercised within the framework of the law and the constitution. This has been reiterated in several recent cases, including the case on the economic crisis and the fundamental rights of the people. President Wickremesinghe is aware that in 2018, the Supreme Court, in a seven-judge bench decision, decided that President Sirisena had acted arbitrarily and

unconstitutionally by dissolving Parliament. Consequently, he was restored to the office of Prime Minister. The President cannot seek unquestioning loyalty to himself from all public officials and institutions, in the exercise of what he personally considers are his powers and responsibilities.

· The Constitutional Council (CC) is not an executive body. It has been empowered by the constitution to scrutinize Presidential nominees, and to approve them to high posts. This has been reiterated in the 21st Amendment that President Wickremesinghe himself initiated. This body has a constitutional right and an obligation to fulfill its mandate of either nominating or approving the most suitable candidates for high office. The Constitutional Council rejecting a nominee cannot be considered an ‘obstacle’ to the exercise of presidential power.

The PMD document challenging the Opposition to impeach the President if he abuses power, demonstrates the manner in which, in the post war years, this office has been transformed into something even worse than the powerful executive presidency originally created by the 1978 constitution. President Wickremesinghe is clearly seeking to carry this office to an even higher level of an authoritarian dictatorship, with the justification of having to seek solutions to national bankruptcy.

The time has come for us as citizens to demand that the abolition of the executive Presidency is realized as a matter of urgency in 2024. It is a toxic model of governance that has damaged public institutions. All the major political parties in this country made this promise and never fulfille it. All Presidents who came to office, except President Chandrika Kumaranatunga, failed the nation in this regard. The draft constitution of 2000 which President Kumaratunga’s government presented, providing for abolition of the Executive Presidency could not be adopted by parliament because of the conduct of the Leader of the Opposition, who was at that time, current President Ranil Wickremesinghe.

He and his UNP rejected this constitution and tore the document during the debate in parliament. The disagreement was not in regard to the text of this constitution, but a provision on who would head the new government. It is classic irony that 24 years later, Mr Wickremesinghe is trying to strengthen the Executive Presidency and transform it into a political dictatorship beyond the limits of the constitution. His rationale appears to be his personal vision or “Idiri Dekma” or what he thinks is best for the country. Is this a new articulation of another Executive President’s “Vistas of Prosperity”?

The events of recent weeks in 2024 and our national economic and governance crisis must convince us as citizens to call for an affirmation by all parties and their leaders that they will abolish the executive presidency, and go back to a system of an elected Prime Minister responsible to parliament and the people. Let us call for a referendum on this matter, that is combined with the first election held in 2024.

Prof. Savitri Goonesekere, Prof. Deepika Udagama, Prof. Camena Guneratne, Prof Gananath Obeyesekere, Prof. Ranjini Obeyesekere, Dr. Geedreck Usvatte-Aratchi, Prof Gameela Samarasinghe, Mr. Chandra Jayaratne, Dr. A.C. Visvalingam, Bishop Duleep de Chickera, Mr. Daneshan CasieChetty, Dr. Ahilan Kadirgamar, Mr. Javid Yusuf, Mr. Priyantha Gamage, Rev. Dr. Jayasiri Peiris, Mr. S.C.C. Elankovan, Pulasthi Hewamanna and Shanthi Dias.

(The Friday Forum is an informal group of concerned citizens pledged to uphold norms of democracy, good governance, the rule of law, human rights, media freedom and tolerance in our pluralist society.)



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Revolt in the Temple: Poverty as Structural Control

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The underlying issue in Anuradhapura is a struggle between a few families who, for years, have waged a quiet cold war over control of the Udamaluwa. Similar situations exist in Mihintale as well. These places, among others, are treated as treasures of Buddhism but, in practice, function as tightly controlled economic centres. The same pattern repeats in Kandy around the Temple of the Sacred Tooth Relic and in Kataragama at the shrine of God Kataragama. Variations of it exist across religious spaces of Islam, Catholicism, and Hinduism too, where institutional authority becomes indistinguishable from localised power networks. What is presented as sacred order often operates as inherited control.

It is indeed devastating to see situations where parents have no alternative but to expose their children to predators in robes for survival. This has nothing to do with religion itself, but with human pathology in the context of survival. These are the questions that demand answers, not superficial responses that treat symptoms while ignoring the conditions that produce them. What is more shocking and disturbing is not the tragedy itself, but the reactions to it. Social media has overwhelmed us, not towards understanding, but towards a fragmented cognitive state with no exit route.

A friend of mine in Nairobi used to keep all his electronic devices at home and go into the forest once a month, spending days there before returning. He called it “detoxification”, but in reality it was an escape from a system that no longer allows uninterrupted thought. Daily life is now saturated with unnecessary content, and attention itself has become a commodity extracted, processed, and sold back to us. This is where we have become unable to understand what really drives certain tragedies we endlessly react to, while remaining blind to the systems that quietly manufacture them.

Multi-dimensional poverty

Poverty is structural, poverty is political, and poverty is functional; it is a tool and a manoeuvring force of power. The question is no longer whether poverty exists, but who benefits from its persistence, and who is forced to survive within it. From education to medicine to basic food supply chains, countries like Sri Lanka are not simply mismanaged; they are structurally captured by a small number of actors who remain stable regardless of who is formally in power. Small-scale enterprises and NGO circuits that circulate foreign funding to “solve structural issues” often operate as hollow administrative performances, producing reports rather than transformation.

Poverty is not merely the absence of money. It is the absence of bandwidth, absence of protection, absence of time, and absence of cognitive stability. As Sendhil Mullainathan and Eldar Shafir state, “Scarcity captures the mind. Just as the starving subjects had food on their mind, when we experience scarcity of any kind, we become absorbed by it.” This is a description of how human cognition is structurally reorganized under constraint. Scarcity does not sit outside the person; it occupies them.

They also state, “Scarcity leads us to borrow and pushes us deeper into scarcity.” That is the mechanism that must be confronted without euphemism. Poverty is not only deprivation; it is a self-reinforcing trap in which survival decisions generate the next layer of crisis. Once a society crosses a certain threshold of scarcity, it stops producing long-term reasoning as a default condition. It produces short-term survival logic, often mistaken by outsiders for irrationality.

It is precisely here that public discourse becomes intellectually dishonest. Everything is translated into moral language because moral language is easier than structural analysis. But morality without structure becomes theatre. It produces outrage, not understanding, and repetition, not reform.

It is indeed brutal when an individual wearing religious insignia—whether robe, symbol, or institutional identity—is accused of acts that fundamentally contradict the moral authority attached to that position. It is equally brutal when institutions that depend entirely on trust begin to function as shields rather than safeguards. But the deeper question is not shock. The deeper question is what kind of social condition produces families who see placement within such institutions not only as devotion, but as a survival strategy under constraint.

Ethical decision-making

That is where the argument collapses into its most uncomfortable form. Poverty does not produce ethical decision-making environments. It produces constrained optimization under pressure. When food insecurity, debt, and social instability converge, institutional spaces that appear stable become transactional destinations for survival rather than moral choices. To interpret this as purely cultural failure is to deliberately ignore the structural compression of options.

Mullainathan and Shafir describe this clearly: “Instead of saying that scarcity ‘focuses,’ we could just as easily say that scarcity causes us to tunnel: to focus single-mindedly on managing the scarcity at hand.” That tunnelling effect is not abstract. It is visible wherever long-term planning collapses under immediate pressure. Systems then misread this as irresponsibility, when it is in fact cognitive overload produced by structure.

What is rarely acknowledged is how deeply this extends into governance itself. Institutions increasingly operate as if they are managing rational, unconstrained individuals. In reality, they are interacting with populations whose cognitive bandwidth is already structurally taxed. The result is policy failure interpreted as public non-compliance, enforcement interpreted as moral correction, and reform interpreted as communication failure rather than design failure.

Social media has intensified this distortion. It does not merely spread information; it destroys sequencing. Structural problems require temporal depth. Social media removes that depth and replaces it with instantaneous judgment. Every event becomes a surface object, detached from causality. The outcome is a society permanently reacting and never diagnosing.

Poverty, in this environment, becomes invisible in its real form. It is not seen as a continuous structural condition but as episodic failure. A scandal appears, is consumed, and disappears. Another replaces it. Nothing accumulates into understanding because attention itself is exhausted before synthesis can occur.

Modern Condition

The modern condition reflects a reversal of earlier social organization, where human relationships are embedded within abstract systems of finance, law, and administration that often fail to recognize the lived constraints of those they govern. In this disembedded state, institutions increasingly misinterpret human behaviour as their capacity for structural understanding weakens. At the same time, attempts to resolve systemic failures through expanding administrative complexity produce diminishing returns: more regulation, oversight, and reporting generate less coherence. Over time, institutions shift from functional effectiveness to symbolic performance, maintaining the appearance of control rather than achieving it.

This is why public outrage repeatedly fails to translate into structural change. Outrage is not a tool of reconstruction. It is a signal of system fatigue. It circulates, intensifies, and dissipates without altering the underlying architecture. Meanwhile, the conditions that produce repetition remain intact.

The most persistent illusion is that these are separate problems: poverty here, institutional misuse there, media distortion elsewhere. They are not separate. They are expressions of a single condition in which scarcity, complexity, symbolic authority, and fragmented enforcement interact without coordination. The system does not fail in one place; it fails in the gaps between these layers.

Symbolic systems

What makes this condition more severe is that symbolic systems continue to operate at full strength even when structural systems degrade. Religious identity remains powerful. Political rhetoric remains strong. Cultural symbolism remains intact. But enforcement capacity, institutional coherence, and social trust degrade beneath them. That gap is where instability grows. Until that gap is addressed at the level of structure rather than sentiment, repetition remains inevitable. New scandals will emerge, new interpretations will circulate, and new cycles of outrage will follow. Nothing resolves because nothing is being reconstructed beneath the surface of reaction.

This is no longer repairable through adjustment or rhetoric. It is a form of decay that persists until it exhausts itself, because the mechanisms meant to correct it are now part of the same failure. It continues until rupture, not reform. At that point, instability ceases to be episodic and becomes structural. Pressure will accumulate into breakdown, and what follows will not be managed transition but forced reversal. The responsibility lies with those who govern these institutions to prevent that trajectory, not through language, but through change. The drama is ending; farce is over; what we are witnessing is tragedy unfolding with unprecedented consequences.

by Nilantha Ilangamuwa

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Are threats to Buddha Sasana external or from within?

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As Sri Lanka celebrates the birth, Enlightenment and the Parinibbana of the Buddha, almost a month after the rest of the Buddhist-world did so, there is widespread discussion about threats to Buddha Sasana provoked by some recent incidents. Regarding the views expressed about postponing Vesak celebrations in my article ‘May Day and postponement Vesak 2026’ (The Island, 25 May), my very good friend Dr Upali Abeysiri has sent me the following comments: “The Mahanayakas have a good reason to postpone Vesak. The dawning of the full moon has to be on the same constellation (nekatha) as when the Buddha was born and attained enlightenment. Although Adhi Poya is reckoned as the second full moon arising in the same calendar month, this is supposed to be an odd exception.” Though it would have been ideal if a consensus could have been reached prior to the split of celebrations, perhaps, it does not matter very much as celebrations occur on a symbolic rather than an actual date, there being no historical or archaeological evidence confirming exact dates.

Whilst there are no direct threats to Buddha Dhamma, as the expanding horizons of science continue to confirm the fundamentals of Buddha Dhamma, there is no doubt whatsoever that there are threats to Buddha Sasana. However, these threats become important as the Buddha Sasana performs the pivotal role in protecting and propagating the Dhamma and, hence, become an indirect threat to Dhamma itself. Therefore, it should be the concern of all Buddhists and it is in this spirit I am making some comments which some may interpret as disrespectful to the Maha Sangha. I can reassure that my intentions are entirely directed towards the preservation of the Buddha Dhamma and Sasana. Though the Buddha proclaimed that the Sasana consists of Bhikkhu, Bhikkhuni, Upasaka and Upasika, for all practical purposes Sasana had been led by Bhikkhus, often at the expense of others.

There is hardly any doubt that there are external forces at play in Sri Lanka and even some Buddhists seem to object to Sri Lanka being called a Buddhist country. Interestingly, no one seems to object to countries like the UK and the USA being called Christian counties. I

There is no registration or baptism in Buddhism and there are no rewards for Buddhists for conversions. As I pointed out in a previous article, ‘How does the Buddha differ’ (The Island, 1 May) unlike most other religions, Buddhism is not a ‘high-demand’ religion, nor ‘law-based’ religion and is not exclusivist. Perhaps, it is this liberalism, pacifism and gentleness, which are the real strengths, that are being exploited as weaknesses by others.

There will always be external threats and the Buddha too faced many during his lifetime. Before addressing those, is it not more important to address the threats within? One of the most important problems seems to be the breakdown of discipline. Bhikkhus are bound by Vinaya rules, laid down by the Buddha and some recent incidents highlight total deviations. Though there were many previous incidents like unsubstantiated claims of Arahanthood, Bhikkhus attacking each other on YouTube and Bhikkhus conducting YouTube channels, not for the propagation of the Dhamma but for the accumulation of rupees, attention was focused after the detection of 22 young monks carrying narcotic drugs.

Though many commentators were quick to condemn the Sangha on this account, we need to go deeper. Narcotic menace has become a huge problem in Sri Lanka and it looks as if the drug lords would resort to anything to achieve their objectives. Though it looks as if some gullible young monks had been duped by drug lords, we need to question why it was possible. Is it due to the lack of supervision of these novices by their seniors that allowed them to accept a request in a WhatsApp group? Should there be checks and balances on foreign travel by Bhikkhus?

What shocked Buddhists was what followed next; the arrest of the Nayaka of Atamasthana for allegedly having sex with a minor. Anuradhapura was our first capital and Sri Maha Bodhi is the longest surviving authenticated tree in the world. Ruwanweliseya and Jetawanaramaya were among the ten tallest man-made structures in the ancient world, Jetawanaramaya still holding the Guiness record for the largest stupa in the world. Cyberspace is full of theories. Whilst some have condemned the Nayaka Thero even before the conclusion of inquiries whilst others claim that this was a coup by another Nayaka Thera in an attempt of succession.

I was intrigued, reading in a Sri Lankan newspaper about the 80th birthday celebrations of a Nayaka priest, who was convicted in London in 2012 of historical child sex abuse and sentenced to seven years in prison. I remember the case very well as he was the head of the Vihara, we had our first contact on relocating to the UK. I also remember his devotees, who believed that he was wrongly accused, collecting over £50,000 for an appeal. In spite of being represented by one of the top Barristers in the UK, the conviction was upheld but the jail-term was reduced by a year. His name is still on the sex-offenders register in the UK and he is permanently prevented from association with children. One can argue that as he has served the sentence and not reoffended, this should not be held against him but what baffled me is that he is still being referred to as the Chief Sangha Nayaka. Should a person on the sex-offenders register be the Chief Sangha Nayaka?

It is high time we put our own house in order before fighting the external enemies. It is reported that the former president CBK has written to the Mahanayakas requesting urgent reform and we should be obliged to her for taking the lead.

There are many aspects that need urgent reform, the first being removal of caste barriers practiced by some Nikayas, which is the greatest insult to the Buddha who promoted equality. The second is the active encouragement of Bhikkhuni Sasana which has not happened in spite of the landmark ruling by the supreme court. The third is the establishment of proper disciplinary processes under a single Adhikarana Sangha Nayaka with powers and support than allowing the government to take over the control of even non-criminal Vinaya matters.

There are many other issues that need settlement like the controversy of the land of Buddha’s birth which seems to linger on. An expert committee should hear all evidence and settle this issue once and for all.

As I have pointed out on many occasions in these columns, it is high time a Dhamma Sangayana was held, as the last one was 70 years ago. Ideally, it should be different with active participation of lay experts as well. It is the duty of us Buddhists to ensure that the words of wisdom of the Buddha continue to enlighten generations to come.

By Dr Upul Wijayawardhana

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Vijaya Kumar: Academic, Activist & Genial Fellow-Traveller

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Professor Vijaya Kumar

The University of Ceylon, Peradeniya, was in our time, a less-crowded residential university, where everybody knew everybody else or at least knew of everybody else.

I knew of Emeritus Professor Vijaya Kumar of the Department of Chemistry at Peradeniya, or Kumar, as we referred to him fondly, before I got to know him. His dear wife Savitri, also a member of the academic staff of the Department of Chemistry, was nicknamed Kumee, by some of their students (of which vintage is unknown to me) and the duo were thereafter referred to affectionately as Kumar and Kumee.

The Faculty of Science became a regular haunt of mine as I would go there in the company of my batchmates to attend lectures on Basic Mathematics given by Professor Maheswaran, as it was a requirement for our General Arts Qualifying Examinations. I would also go there to listen to some excellent talks under a programme that was held in the auditorium of the Science Faculty referred to as “Popular Science Gossip”. The “gossip” at these talks were not confined solely to science but were broad enough to include Literature, History and other branches of knowledge as well. I would often spot Kumar in the audience at these talks or bump into him in the corridors of the Science Faculty. But I got to know him personally only after he became the Warden of Arunachalam, my hall of residence, during my undergraduate years initially, and later, as a member of the academic staff of the Department of English.

Our Science Faculty undergraduate contemporaries, especially those at Arunachalam Hall and its immediate neighbour, Jayatilaka Hall, both within a stone’s throw away from the Science Faculty, shared many an anecdote about Kumar and their other lecturers. One of these anecdotes, had to do with a spectacular (motor car) driving feat of Kumar’s. Legend has it that he drove from his university bungalow-home to the Faculty of Science deploying only the reverse gear of his car! Kumar, on hearing of this, had told certain of his student friends, including some who became his colleagues later on, that this story is one of the biggest yarns he had heard in his life!

Some of his one-time younger colleagues, now in retirement like Kumar, tell me that Kumar exuded warmth and friendliness in all of his professional and administrative interactions with others in the wider university community. But there was no warmth or mercy for those who indulged in the unsavoury pastime of student ‘ragging’. He was a very strong proponent of the need to ensure to all freshers an environment free of the menace of ‘ragging’. He remained ever-vigilant during the ‘ragging’ season. There are stories of his chasing ‘raggers’ and catching them. Professor Maheswaran, who later became an intimate friend and remains so after more than half a century, was another who was fiercely opposed to ‘ragging’. I was a personal witness to Mahes chasing a ‘ragger’ up and down the stairs of the main library to nab him. Yet another of his students has noted that Kumar’s office room in the Faculty was a total mess at all times. It had tables, piled so high with books and documents that one could not easily spot Kumar at his desk. He, however, had the knack of pulling out from amidst the clutter, any document that he needed at any given time. If anybody were to volunteer to help tidy his desk, Kumar would respond firmly with “Don’t you touch my desk!”.

Kumar, like several of his colleagues in the other faculties as well, had his own eccentricities. According to information received from reliable sources, Kumar who taught Organic Chemistry used to carry his lecture notes in his shirt or trouser pocket with ‘the entire lecture condensed in point form on a half-sheet or half of a half-sheet of paper’. The way he rummaged through his sling bag filled to the brim with stuff to find an item that he needed was another ritual that amused onlookers.

Kumar, interestingly enough is a Royal-cum-Thomian product, in that he had his primary education at S.Thomas’ Prep School, Kollupitiya and the entirety of his secondary education at Royal College, which he entered in 1953. In a note written by Kumar himself, he notes that despite having had excellent teachers at Royal, his was not a notable school career. He goes on to say that “the only achievement I could boast of was my being the joint-winner of the school General Knowledge Prize”. However, he had been active in a Scout Group outside of school (1st Port of Colombo, Sea Scouts) where he “was Queen’s Scout, Patrol leader, and later, Assistant Scout Master”.

Kumar entered the Faculty of Science of the University of Ceylon in 1961 and secured from it an honours degree in Chemistry in 1965. He joined the academic staff of the Department of Chemistry in the Faculty of Science, University of Ceylon, Peradeniya in 1965 and left the following year for Magdalen College at Oxford University, from which institution he obtained his doctorate in Chemistry. His entire teaching career was at Peradeniya, where in the period 2003-2006 he served as the Dean of the Faculty of Science, a position that his late father-in-law had held a few decades earlier.

Among the other highlights of his career are: Chairman of the Industrial Technology Institute (formerly the Ceylon Institute of Scientific and Industrial Research, CISIR); Member (representing Sri Lanka) of the Geneva-based UN Commission on Science and Technology from 1999 to 2007 and its President from 2001-2003; President of the Sri Lanka Estate Workers Union from 1989 onwards; Member of the Politburo of the Lanka Sama Samaja Party from 1988 to 2014 and currently, a member of the Executive Committee of the National People’s Power (NPP).

Vijaya and Savitri Kumar are parents of daughters Shamala and Ramya, who are following in the footsteps of their parents: with the former teaching in the Department of Agricultural Economics in the Faculty of Agriculture, University of Peradeniya and the latter, in the Department of Community Medicine at the University of Jaffna.

(I wish to thank the following who assisted me in the writing of this brief essay: Mr. Bandula Warnakulasuriya, Emeritus Professor Ratnayake Bandara, Professor Mahinda Wickramaratne, Professor Swarna Wimalasiri and Mr. Manik de Silva).

*Editor’s note: Prof. Vijaya Kumar, a member of the NPP’s National Executive Committee and is still active in politics turns 84 today. This article by Tissa Jayatilaka, former Executive Director of the United States – Sri Lanka Fulbright Commission for Mutual Academic Exchange, was written for an upcoming collection of essays on Kumar’s life by his friends.

(Colombo Telegraph)

By Tissa Jayatilaka

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