Features
THE JUDICIAL SERVICE COMMISSION
A Review of the Speaker’s Ruling
It was reported that the Speaker has rejected a motion submitted to him by 31 Members of Parliament requesting the appointment of a Select Committee of Parliament to examine the exercise by the Judicial Service Commission of its powers relating to “the appointment, promotion, transfer, dismissal, and disciplinary control” of judicial officers. The reason for the rejection of the motion, as stated by him, is that compliance with the motion “would be a derogation of the independence of the judiciary and thereby a derogation of the judicial power of the People”. It is the view of Speaker Wickremaratne that the Judicial Service Commission “exercises the judicial power of the People”. That, I submit, is the fundamental flaw in the Speaker’s Ruling.
The Queen v. Liyanage
As far back as 1962, in the coup case of The Queen v. Liyanage, (Trial at Bar No.1 of 1962), the Supreme Court comprising Justice T.S. Fernando, Justice L.B. de Silva, and Justice Sri Skanda Rajah comprehensively examined the concept of “judicial power” and held as follows:
“Judicial power in the sense of the judicial power of the State is vested in the Judicature, i.e. the established civil courts of this country.
The Court proceeded to note that:
The Chief Justice and at least one other Judge of the Supreme Court are members of the Judicial Service Commission, a body performing executive functions.”
The Speaker’s Ruling does not state why it chose not to follow, or even refer to, that authoritative statement of the Supreme Court.
Speaker Anura Bandaranaike’s Ruling
The Speaker’s Ruling commences with a reference to what it describes as “a similar ruling” by Speaker Anura Bandaranaike in 2001. The issue in 2001 was fundamentally different. On that occasion, the Supreme Court attempted to prevent a motion for the impeachment of the then Chief Justice from being proceeded with in Parliament. Speaker Bandaranaike very correctly held that the Judiciary had no right to interfere with proceedings in the Legislature. On the other hand, these two institutions of government do, on occasion, interact. It is the Supreme Court that interprets the laws enacted by Parliament, and it is Parliament that has the power to remove from office a Judge of the Supreme Court or the Court of Appeal.
The 1947 and 1977 Constitutions
The Judicial Service Commission (JSC) which the Supreme Court recognized as an executive (and not a judicial) body was initially established by the 1947 Constitution and vested with the power of appointment, transfer, dismissal and disciplinary control of judicial officers and specified public officers employed in courts. The Speaker’s Ruling appears to be in error when it suggests that the JSC was “first introduced by the 17th Amendment” to the present Constitution. In fact, it was established (or more accurately, “re-established”) by Article 112 of the Constitution of 1978. That Article restored the JSC consisting of “the Chief Justice who shall be the Chairman, and two Judges of the Supreme Court appointed by the President”, following the repeal of the 1972 Constitution. Article 55 of the 1978 Constitution stated that “The appointment, transfer, dismissal and disciplinary control of judicial officers is hereby vested in the Judicial Service Commission”.
The 1972 Constitution
The 1972 Constitution which created the Republic of Sri Lanka, in a significant departure from the 1947 Constitution, replaced the JSC with a Judicial Services Advisory Board (JSAB) and a Judicial Services Disciplinary Board (JSDB). The Cabinet was the designated appointing authority of District Judges and Magistrates, and while the JSDB shared the power of removal of a judicial officer with the National State Assembly, its exercise of that power was required to be reported immediately to the Cabinet of Ministers. While serving as Secretary to the Ministry of Justice, I was appointed a member of the JSAB and served on that body for five years. So did the Attorney-General. Neither of us belonged to the Judiciary; nor were either of us entitled to exercise “judicial power”.
The Committee Stage Debate
The motion submitted by 31 Members of Parliament requesting the appointment of a Select Committee to inquire into the exercise by the JSC of its powers conferred by the Constitution appears to have been the immediate consequence of the stormy committee stage debate on the finance allocation for the JSC in the 2026 Budget. The fact that the salaries of the Judges of the Supreme Court are charged on the Consolidated Fund (and therefore not subject to debate or parliamentary vote), but that when three of the Judges serve as members of the JSC, their conduct in that capacity can be impugned on the floor of the House, as did actually happen, is sufficient indication that the JSC is not exercising “judicial power”. Nor is the Council of Legal Education exercising “judicial power” merely because it is chaired by the Chief Justice and includes among its members the Judges of the Supreme Court.
The Bangalore Principles of Judicial Conduct
The proposed Select Committee, which the Speaker declined to appoint, intended to examine, inter alia, the exercise by the JSC of its power of disciplinary control, including the dismissal, of judicial officers, and make recommendations for improvement. In that connection, I wish to make two observations. The first is that Sri Lanka is today one of the very few countries in the world that has failed or neglected to adopt or apply the Bangalore Principles of Judicial Conduct, the gold standard mandated by the United Nations General Assembly over twenty years ago. That document, which was examined and approved by Chief Justices of both common law and civil law jurisdictions, as well as by the Judges of the International Court of Justice, identifies and defines the six fundamental judicial values, namely, Independence, Impartiality, Integrity, Propriety, Equality, and Competence and Diligence, and proceeds, in a 175-page Commentary, to set out and explain in detail the manner in which Judges are expected to conform to them. In the absence of this standard-setting instrument, what is the criteria adopted in Sri Lanka to determine whether a judge or judicial officer is keeping faith with the judicial oath?
Measures for the Effective Implementation of the Bangalore Principles, also endorsed by the United Nations, contains procedures for the disciplining of judges, as well as for the removal of judges from office. Are these procedures being followed by the JSC? These are questions which the proposed Select Committee alone could have explored.
The Istanbul Declaration on Transparency in the Judicial Process
Another relevant instrument is the Istanbul Declaration on Transparency in the Judicial Process. It was initially examined at a conference of Chief Justices of the Asian-Pacific region, then at a conference of Chief Justices of the Balkan region, before being finally adopted in 2017 at a conference of Chief Justices from North and South America, the Caribbean, Europe, Asia and the Pacific, It too was endorsed by the United Nations General Assembly. That instrument describes, inter alia, how the relevant authority should respond to complaints of unethical conduct of judges, as well as the disciplinary process of judges. The proposed Select Committee could have inquired into and reported on whether the JSC acts in conformity with these international standards?
Conclusion
It is unfortunate that the Speaker’s Ruling, which cites with approval a 1748 statement of Montesquieu and Erskine May’s 1815 thesis on British parliamentary procedure, failed to explain why it rejected our own Supreme Court’s recognition of the Judicial Service Commission as an Executive and not a Judicial body. It is also unfortunate that the Ruling has denied Parliament the opportunity to inquire into and report on practices and procedures relating to appointments, promotions, transfers, dismissals and disciplinary control of judicial officers currently followed by the Judicial Service Commission, and to recommend how, and the urgency with which, such practices and procedures should be updated to conform to contemporary international standards.
Dr Nihal Jayawickrama ✍️
Features
Cricket and the National Interest
The appointment of former minister Eran Wickremaratne to chair the Sri Lanka Cricket Transformation Committee is significant for more than the future of cricket. It signals a possible shift in the culture of governance even as it offers Sri Lankan cricket a fighting possibility to get out of the doldrums of failure. There have been glorious patches for the national cricket team since the epochal 1996 World Cup triumph. But these patches of brightness have been few and far between and virtually non-existent over the past decade. At the centre of this disaster has been the failures of governance within Sri Lanka Cricket which are not unlike the larger failures of governance within the country itself. The appointment of a new reform oriented committee therefore carries significance beyond cricket. It reflects the wider challenge facing the country which is to restore trust in public institutions for better management.
The appointment of Eran Wickremaratne brings a professional administrator with a proven track record into the cricket arena. He has several strengths that many of his immediate predecessors lacked. Before the ascent of the present government leadership to positions of power, Eran Wickremaratne was among the handful of government ministers who did not have allegations of corruption attached to their names. His reputation for financial professionalism and integrity has remained intact over many years in public life. With him in the Cricket Transformation Committee are also respected former cricketers Kumar Sangakkara, Roshan Mahanama and Sidath Wettimuny together with professionals from legal and business backgrounds. They have been tasked with introducing structural reforms and improving transparency and accountability within cricket administration.
A second reason for this appointment to be significant is that this is possibly the first occasion on which the NPP government has reached out to someone associated with the opposition to obtain assistance in an area of national importance. The commitment to bipartisanship has been a constant demand from politically non-partisan civic groups and political analysts. They have voiced the opinion that the government needs to be more inclusive in its choice of appointments to decision making authorities. The NPP government’s practice so far has largely been to limit appointments to those within the ruling party or those considered loyalists even at the cost of proven expertise. The government’s decision in this case therefore marks a potentially important departure.
National Interest
There are areas of public life where national interest should transcend party divisions and cricket, beloved of the people, is one of them. Sri Lanka cannot afford to continue treating every institution as an arena for political competition when institutions themselves are in crisis and public confidence has become fragile. It is therefore unfortunate that when the government has moved positively in the direction of drawing on expertise from outside its own ranks there should be a negative response from sections of the opposition. This is indicative of the absence of a culture of bipartisanship even on issues that concern the national interest. The SJB, of which the newly appointed cricket committee chairman was a member objected on the grounds that politicians should not hold positions in sports administration and asked him to resign from the party. There is a need to recognise the distinction between partisan political control and the temporary use of experienced administrators to carry out reform and institutional restructuring. In other countries those in politics often join academia and civil society on a temporary basis and vice versa.
More disturbing has been the insidious campaign carried out against the new cricket committee and its chairman on the grounds of religious affiliation. This is an unacceptable denial of the reality that Sri Lanka is a plural, multi ethnic and multi religious society. The interim committee reflects this diversity to a reasonable extent. The country’s long history of ethnic conflict should have taught all political actors the dangers of mobilising communal prejudice for short term political gain. Sri Lanka paid a very heavy price for decades of mistrust and division. It would be tragic if even cricket administration became another arena for communal suspicion and hostility. The present government represents an important departure from the sectarian rhetoric that was employed by previous governments. They have repeatedly pledged to protect the equal rights of all citizens and not permit discrimination or extremism in any form.
The recent international peace march in Sri Lanka led by the Venerable Bhikkhu Thich Paññākāra from Vietnam with its message of loving kindness and mindfulness to all resonated strongly with the masses of people as seen by the crowds who thronged the roadsides to obtain blessings and show respect. This message stands in contrast to the sectarian resentment manifested by those who seek to use the cricket appointments as a weapon to attack the government at the present time. The challenges before the Sri Lanka Cricket Transformation Committee parallel the larger challenges before the government in developing the national economy and respecting ethnic and religious diversity. Plugging the leaks and restoring systems will take time and effort. It cannot be done overnight and it cannot succeed without public patience and support.
New Recognition
There is also a need for realism. The appointment of Eran Wickremaratne and the new committee does not guarantee success. Reforming deeply flawed institutions is always difficult. Besides, Sri Lanka is a small country with a relatively small population compared to many other cricket playing nations. It is also a country still recovering from the economic breakdown of 2022 which pushed the majority of people into hardship and severely weakened public institutions. The country continues to face unprecedented challenges including the damage caused by Cyclone Ditwah and the wider global economic uncertainties linked to conflict in the Middle East. Under these difficult circumstances Sri Lanka has fewer resources than many larger countries to devote to both cricket and economic development.
When resources are scarce they cannot be wasted through corruption or incompetence. Drawing upon the strengths of all those who are competent for the tasks at hand regardless of party affiliation or ethnic or religious identity is necessary if improvement is to come sooner rather than later. The burden of rebuilding the country cannot rest only on the government. The crisis facing the country is too deep for any single party or government to solve alone. National recovery requires capable individuals from across society and from different sectors such as business and civil society to work together in areas where the national interest transcends party politics. There is also a responsibility on opposition political parties to support initiatives that are politically neutral and genuinely in the national interest. Not every issue needs to become a partisan battle.
Sri Lanka cricket occupies a special place in the national consciousness. At its best it once united the country and gave Sri Lankans a sense of pride and international recognition. Restoring integrity and professionalism to cricket administration can therefore become part of the larger task of national renewal. The appointment of Eran Wickremaratne and the new committee, while it does not guarantee success, is a sign that the political leadership and people of the country may be beginning to mature in their approach to governance. In recognising the need for competence, integrity and bipartisan cooperation and extending it beyond cricket into other areas of national life, Sri Lanka may find the way towards more stable and successful governance..
by Jehan Perera
Features
From Dhaka to Sri Lanka, three wheels that drive our economies
Court vacation this year came with an unexpected lesson, not from a courtroom but from the streets of Dhaka — a city that moves, quite literally, on three wheels.
Above the traffic, a modern metro line glides past concrete pillars and crowded rooftops. It is efficient, clean and frequently cited as a symbol of progress in Bangladesh. For a visitor from Sri Lanka, it inevitably brings to mind our own abandoned light rail plans — a project debated, politicised and ultimately set aside.
But Dhaka’s real story is not in the air. It is on the ground.
Beneath the elevated tracks, the streets belong to three-wheelers. Known locally as CNGs, they cluster at junctions, line the edges of markets and pour into narrow roads that larger vehicles avoid. Even with a functioning rail system, these three-wheelers remain the city’s most dependable form of everyday transport.
Within hours of arriving, their importance becomes obvious. The train may take you across the city, but the journey does not end there. The last mile — often the most complicated part — belongs entirely to the three-wheeler. It is the vehicle that gets you home, to a meeting or simply through streets that no bus route properly serves.
There is a rhythm to using them. A destination is mentioned, a price is suggested and a brief negotiation follows. Then the ride begins, edging into traffic that feels permanently compressed. Drivers move with instinct, adjusting routes and squeezing through gaps with a confidence built over years.
It is not polished. But it works.
And that is where the comparison with Sri Lanka becomes less about what we lack and more about what we already have.
Back home, the three-wheeler has long been part of daily life — so familiar that it is often discussed only in terms of its problems. There are frequent complaints about fares, refusals or the absence of meters. More recently, the industry itself has become entangled in politics — from fuel subsidies to regulatory debates, from election-time promises to periodic crackdowns.
In that process, the conversation has shifted. The three-wheeler is often treated as a problem to be managed, rather than a service to be strengthened.
Yet, seen through the experience of Dhaka, Sri Lanka’s system begins to look far more settled — and, in many ways, ahead.
There is a growing structure in place. Meters, while not perfect, are widely recognised. Ride-hailing apps have added transparency and reduced uncertainty for passengers. There are clearer expectations on both sides — driver and commuter alike. Even small details, such as designated parking areas in parts of Colombo or the increasing standard of vehicles, point to an industry slowly moving towards professionalism.
Just as importantly, there is a human element that remains intact.
In Sri Lanka, a three-wheeler ride is rarely just a transaction. Drivers talk. They offer directions, comment on the day’s news, or share local knowledge. The ride becomes part of the social fabric, not just a means of getting from one point to another.
In Dhaka, the scale of the city leaves less room for that. The interaction is quicker, more direct, shaped by urgency. The service is essential, but it is under constant pressure.
What stands out, across both countries, is that the three-wheeler is not a temporary or outdated mode of transport. It is a necessity in dense, fast-growing Asian cities — one that fills gaps no rail or bus system can fully address.
Large infrastructure projects, like light rail, are important. They bring efficiency and long-term capacity. But they cannot replace the flexibility of a three-wheeler. They cannot reach into narrow streets, respond instantly to demand or provide that crucial last-mile connection.
That is why, even in a city that has invested heavily in modern rail, Dhaka still runs on three wheels.
For Sri Lanka, the lesson is not simply about what could have been built, but about what should be better managed and valued.
The three-wheeler industry does not need to be politicised at every turn. It needs steady regulation — clear fare systems, proper licensing, safety standards — alongside encouragement and recognition. It needs to be seen as part of the solution to urban transport, not as a side issue.
Because for thousands of drivers, it is a livelihood. And for millions of passengers, it is the most immediate and reliable form of mobility.
The tuk-tuk may not feature in grand policy speeches or infrastructure blueprints. It does not run on elevated tracks or attract international attention. But on the ground, where daily life unfolds, it continues to do what larger systems often struggle to do — show up, adapt and keep moving.
And after watching Dhaka’s streets — crowded, relentless, yet functioning — that small, three-wheeled vehicle feels less like something to argue over and more like something to get right.
(The writer is an Attorney-at-Law with over a decade of experience specialising in civil law, a former Board Member of the Office of Missing Persons and a former Legal Director of the Central Cultural Fund. He holds an LLM in International Business Law)
by Sampath Perera recently in Dhaka, Bangladesh
Features
Dubai scene … opening up
According to reports coming my way, the entertainment scene, in Dubai, is very much opening up, and buzzing again!
After a quieter few months, May is packed with entertainment and the whole scene, they say, is shifting back into full swing.
The Seven Notes band, made up of Sri Lankans, based in Dubai, are back in the spotlight, after a short hiatus, due to the ongoing Middle East problems.
On 18th April they did Legends Night at Mercure Hotel Dubai Barsha Heights; on Thursday, 9th May, they will be at the Sports Bar of the Mercure Hotel for 70s/80s Retro Night; on 6th June, they will be at Al Jadaf Dubai to provide the music for Sandun Perera live in concert … and with more dates to follow.
These events are expected to showcase the band’s evolving sound, tighter stage coordination, and stronger audience engagement.
With each performance, the band aims to refine its identity and build a loyal following within Dubai’s vibrant nightlife and event scene.

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

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