Features
“When I was born we were in the Third Word and we’re still there as I’m ready to die”
Sunil Perera said it all in his song
Gamini Fonseka
(Continued from last week)
After my return from London, I continued my audit work during this time especially on the plantations side. I had the privilege of auditing John Keell Thompson White Limited and many other companies such as Julius and Creasy which was then headed by the legendary Mr. Naidoo, and Volanka Limited, a Swiss company headed by another great Swiss man called Mr. Chanson. I became a partner in my firm on October 1, 1972 succeeding my one-time hero BAR Weerasinghe of cricketing fame. I was then considered a very young man holding partnership of that great firm called Turquand Young. After marriage, we moved to my in-laws home at No. 8, De Fonseka Place, Colombo 5.
The great Dr. Colvin R de Silva who had Marxists ideas was a brilliant man in the cabinet of Mrs. B. He was then Minister of Constitutional Affairs and Plantation Industries. The entire Parliament was converted into a Constituent Assembly and he brought a new Constitution that changed the name of our Island to Sri Lanka. Perhaps this was a mistake as Ceylon tea was world famous and tea was the main foreign exchange earner of the Island. It however gave the Sri Lankans a national identity. The Governor General who represented the Queen of England was replaced by a home-grown President in the Democratic Socialist Republic of Sri Lanka.
In early 1973, a baby girl was born to us and we considered her a gem of an addition to our family. It was a very joyful event in my life and the parents from my side and my wife’s were overjoyed with the new arrival. How I got my land at De Fonseka Place, near my in-law’s home where we lived, was a remarkable coincidence. My wife did not like me building a house at Longdon Place as I planned, telling me that this was somewhat away from her parents’ home. Though she was most reluctant, I managed to persuade her and got an architect to design a house for us when a strange coincidence occurred.
The Colombo Brokers Association, runnig the share market then, met in our Board Room as we were their Secretaries. Mr. Errol de Fonseka, who lived in a mansion in De Fonseka Place, was a Share Director at Forbes and Walker Limited. He was mortally scared that his property in Colombo would be acquired by Mrs. B’s Government, he told me, “Gamini, I have blocked out the place I live in and if you know of any prospective buyer, please let me know.” I told Errol to hold on to the blocking plan and give me 24 hours to decide whether I wanted a block myself.
I came home and gave my wife the news. “Don’t hesitate. Grab the opportunity,” she said. I told Errol the next morning, when he as usual came for the Colombo Share Market meeting that I will take one plot for myself and another for my sister-in-law who was then in Zambia with her husband. He fixed a price of Rs. 60,000 for my block of 16 perches and reduced Rs. 2,000/- off the second block which was the same size but located in a corner of the property.
I funded the entire purchase of my block with my wife’s dowry and my father-in-law paid for the next block. It was a unique deed which the legendary Bertie Amarasekare of Julius and Creasy conveyanced for us. This was because a property at De Fonseka Place was purchased by a Fonseka and sold by a De Fonseka with the deed executed by another Fonseka, my father who became a lawyer on his retirement from Public Service.
In my many overseas travels I found this a great advantage as the immigration officers used to always wave me through noticing my name was the same as the street where I lived!
In late 1974 things became very difficult in Sri Lanka. My senior partner advised me to go to our London office once more, this time as a manager, as I was then a partner in my local firm. He arranged all the necessary formalities and told me to save foreign exchange to fund a course at Cranfield School of Business Studies while I was in the UK. Before my departure, I did my CIMA exams in Sri Lanka, parts one to four and to my surprise came first in the world in the part three Finance and Accounting paper. I was placed third in the world on the overall part three examination. This was a pleasant surprise as I took only a few days leave from work to study for my parts three and four.
I then sat for my final Examination of CIMA in November ’74 and proceeded to London with the objective of accumulating funds for Cranfield. On Christmas day 1964, I departed on Kuwait Airways to London while my wife and daughter left for Lusaka to join her sister whose husband was then working in Zambia. We were departing within about half an hour of each other to different parts of the globe.
I went to London and was greeted by my sister and brother-in-law who had gone earlier to Exeter to do his PhD. They greeted me with open arms and we drove back to Exeter via Bristol. On January 1, I was due to start work at my London office which was by then called Turquands Barton Mayhew(TBM) at Tavistock Square. My sister and brother-in-law dropped me at my office in London. By then I had arranged with a colleague from the days I served articles to stay in their home at South Wimbledon.
I learned from the Ceylon News to which my friend subscribed that there was an era of political uncertainty in Sri Lanka. While I was in London I learned that Mrs. B had introduced the infamous takeover of foreign-owned plantations in Sri Lanka, the top export earner for the country. Once again it killed the entrepreneurship skills of the major community. A Labour government under Harold Wilson was in power at that time in the United Kingdom. They gave a loan to Sri Lanka to compensate the sterling companies taken over by the Government. With the enforcement of the G.O.B.U Act, they took over many business undertakings mainly foreign owned such as Ceylon Oxygen, BCC, Colombo Gas and Water Company and Colombo Commercial Company. Lake House was also acquired by the government which said it wanted to broadbase the owning company.
Mrs. B later realized her folly, sacked her Marxists allies and went for an election in 1977. Earlier she had created two Plantations Conglomerates namely JEDB and SLSPC to handle the Plantations that were taken over under Land Reform Law. India watched the implementation of the Land Reform Law in Sri Lanka with a hawk eye and realized that it would be a folly to go the Sri Lankan way and instead encouraged their big companies to venture overseas and acquire plantation companies operating in India.
I think this was a very wise move by India as Tata which had many businesses took over the tea plantations in Assam. Thereafter, they acquired Tetley Tea Company worldwide with the strong Tetley brand name. Recently, they were a strong bidder for the tea operation of Uni Levers ultimately losing the battle to a Venture Capital company in US. Uni Lever Tea business consisted of the famous Brooke Bond and Lipton tea operations worldwide.
I returned to the Island driving a Volkswagen Saloon Car overland from London to Colombo. We visited 11 countries on this trip to India starting from France, driving through Switzerland, Italy, Yugoslavia, Turkey, Iran, Afghanistan, and Pakistan. Having completed this journey in 30 days we had to still mark time for six weeks in India to catch the ferry from Rameswaram to Talaimannar Pier and then to our home at De Fonseka Place.
This was an experience of a lifetime as we passed through many countries and had many new adventures. During our six weeks in India waiting for the ferry, we toured the length and breadth of that country and arrived in Colombo on January 17, 1977.
The outcome of the General Election of 1977 was a decisive moment in the history of Sri Lanka. In June 1977, a UNP Government under the leadership of JRJ swept into power with a five sixths majority in parliament and changed the destiny of Sri Lanka. Unfortunately JRJ used the ‘Cow and Calf’ election symbol of the Congress Party in India in his campaign saying that “like in India, the cow and the calf will lose here to,” drawing a parallel between Mrs. Indira Gandhi and Sanjay and Mrs. B and Anura. This antagonized Mrs. Gandhi and I think was a fatal mistake made by JRJ resulting in us losing Mrs. Gandhi’s and India’s goodwill.
In 1977, another event took place in my life which was the advent of another baby girl to our family whom we consider a diamond. JR had a top class Cabinet with Prime Minister Premadasa and Ministers such as Gamini Dissanayake, Ronnie de Mel and Lalith Athulathmudali whom I came to know personally being world class.
JRJ opened up the economy and floated the Sri Lankan Rupee which was pegged at Rs. 13 to the Pound Sterling and Rs. 07 to the US Dollar. He implemented the huge Mahaweli Development Program drawing assistance from abroad thanks to his International stature. It was no easy task to accelerate the 30-year Mahaweli Program within a six-year time frame. There were many dams that had to be built such as Victoria, Rantembe and Kotmale and thereafter do the downstream development which stretched to areas such as Manampitiya and relocate so many families in the Mahaweli areas.
He had to find the money for these dams which cost an enormous amount. By the goodwill he commanded and shrewd strategy he was able to win the hearts and minds of the British people who gifted us the Victoria Dam as an outright grant to Sri Lanka. The Randenigala Dam was built with Canadian help on a soft loan. Kotmale was built with Swedish assistance, again with concessionary interest. Simultaneously, JRJ bought television to Sri Lanka with Japanese help. Many other projects at that time such as Jayewardenapura Hospital and the new Parliamentary Complex were outright gifts from Japan.
The Japanese never forgot JRJ’s memorable speech in San Francisco after the end of the World War Two. His unforgettable quotation from the Buddha that ” hatred will never cease by hatred but by love” opposing reparation demands against Japan. This paid off many years later under his presidency with Japan helping us to modernize the Katunayake International Airport at very low interest credit spread over 40 years which we could easily pay back with returns from the project itself.
Another speech he made at the time he was entertained by then-president of United States, Ronald Regan also brought in very valuable American assistance to Sri Lanka by way of investments in the free trade zones and USAID in Sri Lanka. I was fortunate to spend professional time with government agencies during this period as I was involved in many management consultancy assignments in 1970’s and 80’s.
Unfortunately two tragic occurrences in 1983, the disappearance of Upali Wijewardene (JRJ’s nephew married to Mrs. B’s niece) and the racial riots between Sinhalese and Tamils caused irreparable damage to the Sri Lankan economy. Thereafter, there was political struggle in 1983/84 when JRJ retired and there was a competition between Premadasa, Lalith Athulathmudali and Gamini Dissanayake who were equally capable to run for president. Mr. Premadasa became the candidate and won the presidency but did not survive his full term being brutally assassinated by an LTTE attack. A week earlier, Lalith Athulathmudali who survived two previous attacks was also assassinated. Six months later, Gamini Dissanayake was also a victim of a bomb. My hero Ronnie de Mel retired from politics after presenting many successful budgets in Parliament.
During this time President Premadasa spearheaded many privatization exercises. On behalf of Ernst and Young (EY) I was involved in these exercises which meant that I had to go to the general treasury almost on a daily basis. I got involved in many activities where EY won the contracts such as introducing tariffs for the Water Board, establishing the Housing Development Finance Corporation on the lines similar to India, venture capital studies in Sri Lanka and introducing the venture capital industry and many more assignments both in the public and private sectors.
I was exhausted by the 1990’s and after assisting the legendary Mr. NU Jayawardene, many of whose companies I was involved in, the last being the establishment of the Sampath Bank, I retired from the partnership of Ernst and Young on September 30, 1991. Thereafter, I was appointed the Chairman and Chief Executive of Walker Sons and Company Limited from October 1, 1991 which positioned I held till June 2007 when I retired completely having sold the majority shares at Walkers to a Malaysia based Infrastructure Company.
I had completely retired from all walks of public life as by the time I reached 60 completing many milestones in my life. There were so many political upheavals in Sri Lanka during this period which remain unresolved as we approach the 75th year of Independence on February 4, 2023.
I often think of singer Sunil Perera’s famous words saying, “When I was born, Sri Lanka was a third-world country and when I am ready to die we are still a third-world country.” However I am optimistic that Sri Lanka will come out of all these troubles and this thrice blessed Island will never go down in history as a failed nation.
(I thanks my grandaughter, Nimansa Weerasena for typing this for me. My email contact is fonsekag@gmail.com)
Features
Trials-at-Bar in Sri Lanka: Use and abuse
It is reported that a Trial-at-Bar is being contemplated in respect of allegations against former President Ranil Wickremesinghe regarding misuse of state resources for a visit to a British university on his return from attending sessions of the United Nations in New York and an official visit to Cuba. If this is correct, it would make legal history in our country, because there has been no previous instance of the procedure of a Trial-at- Bar being invoked against a former Head of State.
In view of the constitutional importance of the issues involved, the attempt is opportune to consider the conceptual and statutory foundations of our law relating to Trials-at-Bar, the boundaries of its application in practice, and the nature of the responsibilities attributed to the principal functionaries with regard to the conduct of these proceedings.
I. The Statutory Framework
A Trial-at-Bar is an extraordinary procedure operating over and above proceedings in regular courts exercising criminal jurisdiction at first instance. Its form is that of three judges of the High Court, sitting usually without a jury, to try an indictable offence. The main provision is contained in Section 12 of the Judicature Act, No. 2 of 1978: “Notwithstanding anything to the contrary in this Act or any other written law, a Trial-at-Bar shall be held by the High Court in accordance with law for offences punishable under the Penal Code and other laws”.
The law of Sri Lanka makes provision for Trials-at-Bar in two different contexts.
(a) Mandatory
The trial of any person for the gravest offences against the State, constituted by Sections 114, 115, and 116 of the Penal Code, must in all circumstances be held before the High Court at Bar by three judges without a jury, despite any other law. This is the effect of Section 450 of the Code of Criminal Procedure, Act No. 15 of 1979.
The gist of offences to which this provision is applicable is conspiracy or preparation to overthrow, by unlawful means, the Government of Sri Lanka. This provision was applied in the case of 24 persons alleged to have attempted a coup d’état against the Government of Prime Minister Sirimavo Bandaranaike, a year after its election in July 1960 (R v. Liyanage).
(b) Discretionary
Outside this category, where recourse to a Trial-at-Bar is compulsory, there are other situations in which, as a matter of discretion, the Chief Justice may order use of this procedure. This course of action may be resorted to “in the interest of justice and based on the nature or circumstances of the offence”.
Trials-at-Bar, which may proceed either on indictment or on an information exhibited by the Attorney-General, are required to be held as speedily as possible, and generally in the manner of a High Court trial without a jury.
The power of appointment of High Court judges conducting a Trial-at-Bar is specifically vested in the Chief Justice. The Court, once appointed, has full authority regarding summoning, custody, and bail, subject to the restriction that bail may usually be granted only with the consent of the Attorney-General.
II. Appropriate Parameters
A useful point of departure, as a means of determining the proper limits of this judicial procedure, is to examine the character of offences which have led in our country throughout the post-Independence era to the constitution of Trials-at-Bar. A classification of the decided cases during this entire span of more than seven decades is attempted here for this purpose.
(1) Murder
Several Trials-at-Bar in Sri Lanka have been concerned with charges of murder, not per se, but invariably combined with circumstances which impart to the offence the added element of exceptional public importance, in terms of grave jeopardy to established institutions, public tranquillity, or seminal values underpinning governance.
The following are examples:
(a) the murder of a High Court judge engaged in the trial of five persons accused of capital offences pertaining to trafficking in drugs (Sarath Ambepitiya);
(b) the murder of a Member of Parliament in the midst of mob violence on a street, in the throes of widespread protests aimed at bringing down the incumbent government (Amarakeerthi Athukorala);
(c) the killing of two youth while in police custody (the Angulana case);
(d) the killing of villagers by Army personnel during a public demonstration (the Rathupaswala case);
(e) the disappearance of a social activist and human rights defender (Prageeth Ekneligoda).
(2) Offences involving State security and possible contravention of International law
* charges pertaining to firearms and ammunition and their use on the high seas (the Avant Garde case).
(3) Alleged gross dereliction of duty by senior government officials, including a former Secretary to the Ministry of Defence and a former Inspector-General of Police, leading to the death of a large number of persons by explosions in public places such as churches and hotels (Easter Sunday Bombing case).
(4) Grave corruption allegations in respect of procurement or other major misdemeanours
* two Trials-at-Bar were appointed to hear cases arising from the Central Bank bond scam in 2016, alleged to involve a former Minister of Finance, a former Governor of the Central Bank, his son-in-law and others (Central Bank bond case);
* charges against a previous Minister of Health, senior officials of the Ministry, and others in connection with the procurement of substandard immunoglobulin vials, leading to deaths and grievous bodily harm (Keheliya Rambukwella);
* charges filed by the Financial Crimes Investigation Division against the Chief of Staff of a former President and a former Chairman of the Sri Lanka Insurance Corporation for alleged large-scale misappropriation of public funds (Gamini Senerath, Priyadasa Kudabalage).
(5) Sedition involving communal overtones and potential disturbance of the public peace (S.J.V. Chelvanayakam and others).
(6) Allegations relating to extra-judicial executions
* the trial of a previous Army Commander for statements made by him regarding unlawful execution of surrendering LTTE cadres (Sarath Fonseka White Flag case).
(7) Criminal defamation in volatile contexts
In 1954, in the earliest of this series of cases, allegedly defamatory remarks were published by the defendant in a newspaper known as Trine. The gist of the allegations was that Sir Oliver Goonetilleke, who had just relinquished the position of Minister of Finance to accept appointment as Governor-General, had engaged in “swindles on an international scale” (R v. Thejawathie Gunawardena).
The heinous character of the offences alleged, and the scope of their potential ramifications in all these settings, are evident at a glance. The distinguishing feature is not merely the gravity of the offence, but imputation of a wider dimension to it, typically in the form of a serious affront to the public wellbeing.
In the Thejawathie Gunawardena case, for instance, where the propriety of recourse to a Trial-at-Bar was vigorously challenged, the Supreme Court held that there was no ground for complaint because of the predominant element of public mischief apparent from the circumstances. This was due to the inflammatory content of the statements published, which could foreseeably “disturb or endanger the government” by igniting public feeling. Gravity of the allegations, from this point of view, and their probable impact on public confidence in the integrity of basic institutions of governance, were the factors relied upon to take the case out of the regular category of defamation litigation and justify use of the Trial-at-Bar procedure.
This characteristic of a high threshold of public importance, accompanied by complexity and volatility of the surrounding circumstances, is the central thread which runs through the diverse situations in which Trials-at-Bar have been constituted in Sri Lanka.
III. The Roles of Pivotal Functionaries
The principal responsibility is that of the Chief Justice and the Attorney-General. The essential nexus between their statutory functions is a salient feature of the law.
(i) The Chief Justice
In Somaratna Rajapaksa v. Attorney-General, it was clearly recognised that the repository of power to constitute a Trial-at-Bar is the Chief Justice, but subject to the requirement that an indictment or information “furnished by the Attorney-General” operates as the material basis for exercise of the Chief Justice’s authority in this regard.
An explicit trajectory is established, linking the initiative by the Attorney-General with the Chief Justice’s decision.
(ii) The Attorney-General
Action by the Attorney-General is located within the overall ambit of prosecutorial discretion vested in him in respect of a wide range of matters, including assessment of the sufficiency and probative value of evidence to warrant institution of criminal proceedings, the decision to indict, and withdrawal of a prosecution by means of the entering of a nolle prosequi. The recommendation in respect of a Trial-at-Bar falls into place within the field of this broad authority.
The crucial attribute of the Attorney-General’s functions in this area is that he acts in a quasi-judicial capacity. A basic anomaly in the role of the Attorney-General in our constitutional system is that he combines, in his office, a variety of functions and responsibilities which entail some degree of conflict with one another. Despite this lack of institutional coherence and consistency, what is beyond doubt in the present condition of the law is that, throughout the whole gamut of prosecutorial decision making, the Attorney-General is required to eschew all political and other extraneous considerations and to arrive at his decisions in a spirit of total objectivity.
This is one of the cornerstones of our system of criminal justice. Although there is a statutory choice or discretion built into the Attorney-General’s responsibility, H.N.G. Fernando C.J. has aptly commented: “Our law has conferred on the Attorney-General powers which have been commonly described as quasi-judicial and traditionally formed an integral part of the system of criminal procedure” (Attorney-General v. Don Sirisena). In similar vein, the Supreme Court, in Victor Ivan v. Sarath N. Silva, Attorney-General, observed: “The Attorney-General’s power is a discretionary power similar to other powers vested in public functionaries, held in trust for the public, and not absolute or unfettered”.
While the purview of prosecutorial discretion residing in the Attorney-General, by virtue of enacted law as well as inveterate tradition, is strikingly extensive, it is not an untrammeled power: it is not beyond the reach of the courts. In a trilogy of progressive decisions by the Court of Appeal, Sobitha Rajakaruna J., (prior to his elevation to the Supreme Court), asserted the principle that the Attorney-General’s decisions, in appropriate circumstances, are amenable to judicial review: Sandresh Ravi Karunanayake v. Attorney -General (CA/Writ/ 441/2021), Duminda Lanka Liyanage v. Attorney-General (CA/Writ/323/2022), Nadun Chinthaka Wickremaratne v. Attorney-General (CA/Writ/523/2024).
In Attorney-General v. Karunanayake, Samayawardhana J ( with the concurrence of Thurairaja and Janak de Silva JJ.) declared: “Politically motivated indictments following regime change pose a serious threat to the rule of law and public confidence in the office of the Attorney-General and the entire justice system. Judicial oversight plays a vital role in ensuring that prosecutorial discretion is exercised independently, fairly, and in compliance with the law”.
The Supreme Court of our country has shown no inhibition in directly addressing the question whether the Attorney-General has properly exercised his discretion in laying the information which served as the basis of a Trial-at-Bar.
In Thejawathie Gunawardena’s case, in proceedings before the Supreme Court, it was strenuously contended on the defendant’s behalf that the Attorney-General had acted ultra vires for a collateral or improper purpose. The submission was that the person allegedly defamed was no longer holding public office, and invocation of the extraordinary procedure associated with a Trial-at-Bar was, therefore, unjustifiable. The Supreme Court, sitting in appeal, having considered the issue in depth, rejected the submission on the ground that his tenure had been very recent, and that the proximity of his connection with the incumbent government gave rise to the likelihood of intensifying public feeling because of the volatility and range of the allegations made against him.
These trends of judicial opinion have the effect that the principle of justiciability of the Attorney-General’s initiative in this regard is firmly embedded in our law.
IV. Conclusion
Trials-at-Bar serve a salutary purpose, but within stringently circumscribed limits. The decided cases in our country, spanning more than 75 years, indicate with exemplary clarity the confines within which this extraordinary procedure has legitimacy. The essential consideration is that there should not be room for the slightest doubt that immaterial factors may have come into play in the exercise of discretion.
This far transcends the entitlement of individuals to due process and impinges upon the health and vitality of procedures central to the administration of justice. My teacher, Professor Sir William Wade, pre-eminent among exponents of administrative law in our time, who had the distinction of holding Chairs of Law successively in the Universities of Oxford and Cambridge, told me that if he were asked to identify succinctly, in one sentence, the substance of the common law tradition, he would have no hesitation in replying that it consisted of robust hostility to unbridled discretion in public functionaries. Even the appearance of neglect of this rudimentary principle places in jeopardy the fulfilment of public aspirations about the quality of criminal justice.
By Professor G. L. Peiris ✍️
D. Phil. (Oxford), Ph. D. (Sri Lanka);
Former Minister of Justice, Constitutional Affairs and National Integration;
Quondam Visiting Fellow of the Universities of Oxford, Cambridge and London;
Former Vice-Chancellor and Emeritus Professor of Law of the University of Colombo
Features
Extended mind thesis:A Buddhist perspective
After listening to Prof. Charitha Herath deliver his lecture at the World Philosophy Day Conference at the University of Peradeniya and then reading his excellent article, “Buddhist insights into the extended mind thesis – some observations” published in The Island (14.01.2026) I was prompted to write this brief note to comment on the Buddhist concepts he says need to be delved into in this connection. The concepts he mentioned are prapañca, viññāṇasota and ālayaviññāṇa.
Let us look at the Extended Mind Thesis in brief. “The extended mind thesis claims that the cognitive processes that make up the human mind can reach beyond the boundaries of an individual to include as proper parts aspects of the individual’s physical and sociocultural environment” … “Such claims go far beyond the important, but less challenging, assertion that human cognition leans heavily on various forms of external scaffolding and support. Instead, they paint the mind itself (or better, the physical machinery that realises some of our cognitive processes and mental states) as, under humanly attainable conditions, extending beyond the bounds of skin and skull.
Extended cognition in its most general form occurs when internal and external resources become fluently tuned and deeply integrated in such a way as to enable a cognitive agent to solve problems and accomplish their projects, goals, and interests. Consider, for instance, how technological resources such as pens, paper, and personal computers are now so deeply integrated into our everyday lives that we couldn’t accomplish many of our cognitive goals and purposes without them (Kiverstein J, Farina M, Clark A, 2013).
It may be seen from the above that the Extended Mind Thesis is mainly concerned with human cognition. It seems that the tools that humans use to help them in the cognitive process are actually components of the extended mind. This is mentioned in Prof. Herath’s article as well. Though Buddhist theory of cognition does not imply such a relationship that involves the implements utilised in the process of acquiring knowledge, it proposes an inextricable relationship between the cogniser and the cognised. For instance, the eye-consciousness does not arise unless the object of cognition is present.
Reality of the world according to Buddhism is based on the relationship between the cogniser and the cognised. This theory is supported by the way in which Buddhism analyses the complex formed by the human personality and the world, which it does in three systems, expounding the bond between the two. First is the five aggregate analysis, second is the 12 bases (ayatana), and the third is the eighteen elements (dhatu). Whether this kind of entanglement is possible without some means of extending the mind is an interesting question.
According to Buddhism, the mind is not a substance but rather a function that depends on it. There are three terms that are used to refer to mind and possibly these may indicate different functions though they are very often used as near-synonyms. The terms are mano, citta and viññāṇa. The term mano is used to refer to the aspect of mind that functions as one of the six sense-faculties. Mano is responsible for feelings and it also coordinates the functions of the other sense-faculties. Citta generally means consciousness or combinations of consciousness and the other mental-factors, vedanā, saññā, sankāra as seen in the Abhidhamma analyses.
The term Viññāṇa means basic awareness of oneself and it is also used in relation to rebirth or rebecoming. It has a special responsibility in being the condition for the arising of nama-rupa, and reciprocally nama-rupa is the condition for consciousness in the paticcasamuppada formula. Further, the term “consciousness-element” is also used together with five other items; earth-element, water-element, fire-element, air-element and space-element which seem to refer to the most basic factors of the world of experience, indicating its ability to connect with the empirical world (Karunadasa, 2015). In these functions, consciousness may assume some relevance in the Extended Mind Thesis.
Further if we examine the role of consciousness in rebirth we find that a process called the patisandhi-viññāṇa has the ability to transmit an element, perhaps some karmic-force, from the previous birth to the subsequent birth. In these functions the enabling mechanism probably is the viññāṇasota, the stream of consciousness that Prof. Herath mentions, and which apparently has the ability to flow even out of the head and establish links with the external world.
It may be relevant at this juncture to look at the contribution made by Vasubandhu, the 4th Century Indian Buddhist philosopher. Vasubandhu’s interpretation of saṃskārapratyayaṃ vijñānam (consciousness conditioned by volitional actions) treats the stream of consciousness as the mechanism of continuity between lives. He emphasises that this stream continues without a permanent entity migrating from one life to the next. The “stream” manifests as the subject (ego) and object (external world), which are both considered projections of this underlying consciousness, rather than independently existing entities. Vasubandhu also had proposed a kshnavada (theory of moments) to explain the stream of consciousness as consisting of arising and disappearing of consciousness maintaining continuity. These propositions may lend support to the Extended Mind Thesis.
Prof. Herath has mentioned the term prapañca (Pali – papañca) which generally means concepts. In the context of the extended mind thesis it needs to be examined in relation to the Buddhist theory of perception, because the former mainly pertains to cognition. As mentioned by Prof Herath, Ven. Nanananda in his book “Concept and Reality” has discussed this subject emphasising the fact that in Buddhist literature the term papañca is used mainly in the context of sense-perception. He says that “Madhupindika Sutta” (Majjima Nikaya) points to the fact that papañca is essentially connected with the process of sense perception. According to the Buddhist theory of perception the final outcome or the final stage of the process is the formation of papañca. Following the formation of concept there is proliferation of the concept depending on the past experience the individual may have in relation to what is perceived.
This process of perception, as given inthe Madhupindika Sutta, leading to conceptual proliferation is at the beginning impersonal and in the later stages it becomes personal with the involvement of the human personality with its self-ego and craving and finally leading to total bondage. And this bondage is between the human mind and the external world. Whether this entails an extended mind needs to be researched as suggested by Prof. Herath.
The third concept that Prof. Herath referred to in his lecture is the Yogacara idea of ālayaviññāṇa. Yogacara in its analysis of consciousness has added two more types of consciousnesses to the six based on the six senses, which is the classification mentioned in Early Buddhism and the two additional ones are kleshaviññāṇa and ālayaviññāṇa. The latter is called the storehouse-consciousness as it carries the seeds of karma. It is also called the approximating consciousness as it approximates at two levels; in this birth by collection of defilements and in the next birth by carrying them across in rebirth. The latter function may be relevant to the Extended Mind Thesis as it has the ability of projection beyond the body of the present birth and transmit to the body of the next birth.
If one is interested in researching into the concept of ālayaviññāṇa one must be aware that the three masters of Yogacara, i.e. Maithreyanata, Asanga and Vasubhandhu did not agree with each other on the nature of ālayaviññāṇa. While Maithreyanata was loyal to the early Yogacara idea that appeared in Sandhinirmocana Suthra, Asanga modified it to suit his thesis of idealism. Vasubandhu, however, adhered to the views of Early Buddhism and according to Kalupahana (1992) what he in his Trimsathika describes is the transformation of the consciousness and not the eight consciousnesses in the order in which they appear in Yogākāra texts. Here one is tempted to suggest that Asang’s idealism which propounds that the external world is a creation of the mind may lend support to the extended mind thesis. Idealism in Yogacara Buddhism may be another subject that needs to be researched in the context of the extended mind thesis.
Turning to recent research there is theoretical and speculative support from quantum theory for the idea of extended consciousness, but it remains a controversial area of research within physics, neuroscience, and philosophy. Several frameworks suggest that consciousness is not confined to the brain but is a fundamental, non-local phenomenon rooted in quantum processes that may connect minds to each other or the universe at large. (Wagh, M. (2024). “Your Consciousness Can Connect with the Whole Universe, Groundbreaking New Research Suggests”. Popular Mechanics. Retrieved from https://www.popularmechanics.com/scienc)
Finally, while it may not be clear whether the Extended Mind Thesis, as proposed by A. Clark and others (2013), has anything to do with consciousness it may be worthwhile to research into this matter from a Buddhist perspective, which will have to strongly bring into contention the factor of consciousness, which perhaps may have the potential to develop into an Extended Consciousness Thesis.
by Prof. N. A. de S. Amaratunga ✍️
PhD, DSc, DLitt
Features
Why siloed thinking is undermining national problem-solving
The world today is marked by paradox. Never before has humanity possessed such extraordinary scientific knowledge, technological capability, and research capacity. Yet never before have we faced such a dense convergence of crises—climate change, biodiversity loss, pandemics, food insecurity, widening inequality, disaster vulnerability, and social fragmentation. These challenges are not isolated events; they are deeply interconnected, mutually reinforcing, and embedded within complex social, ecological, economic, and technological systems. Addressing them effectively demands more than incremental improvements or isolated expertise. It requires a fundamental shift in how we think, research, and act.
At the heart of this shift lies transdisciplinarity: an approach that moves beyond siloed disciplines and engages society itself in the co-creation of knowledge and solutions. As Albert Einstein famously observed, “We cannot solve our problems with the same thinking we used when we created them.” The persistence of today’s global challenges suggests that our prevailing modes of problem-solving—largely mono-disciplinary and compartmentalised—are no longer adequate.
The limits of siloed knowledge
Over the past few decades, global investment in research and development has grown dramatically. Global R&D expenditure exceeded USD 3 trillion in 2022, and the worldwide scientific workforce has expanded to more than 8.8 million researchers, producing millions of academic papers annually across tens of thousands of journals. Indeed, the number of scientists has grown several times faster than the global population itself. This extraordinary expansion reflects humanity’s faith in science as a driver of progress—but it also sharpens an uncomfortable question about returns on this investment. Millions of scientists across the world produce an ever-expanding body of academic literature, filling tens of thousands of specialised journals. This disciplinary research has undoubtedly driven remarkable advances in medicine, engineering, agriculture, and information technology. The positive contributions of science to human civilisation are beyond dispute. Yet its effectiveness in addressing complex, real-world challenges has often fallen short of expectations, with impacts appearing disproportionate to the vast resources committed. Yet the translation of this vast knowledge base into tangible, scalable solutions to real-world problems remains limited.
The reason lies not in a lack of intelligence or effort, but in the way knowledge is organised. Disciplines are, after all, social constructs, each shaped by its own conceptual, theoretical, philosophical, and methodological traditions. While these traditions enable depth and rigour, they also encourage intellectual compartmentalisation when treated as ends in themselves. Modern academia is structured around disciplines—biology, economics, engineering, sociology, medicine—each with its own language, methods, reward systems, and institutional boundaries. These disciplines are powerful tools for deep analysis, but they also act as intellectual blinders. By focusing narrowly on parts of a problem, they often miss the broader system in which that problem is embedded.
Climate change, for example, is not merely an environmental issue. It is simultaneously an economic, social, political, technological, and ethical challenge. Public health crises are shaped as much by social behaviour, governance, and inequality as by pathogens and medical interventions. Poverty is not simply a matter of income, but of education, health, gender relations, environmental degradation, and political inclusion. Approaching such issues from a single disciplinary lens inevitably leads to partial diagnoses and fragmented solutions.
The systems thinker Donella Meadows captured this dilemma succinctly when she noted, “The problems are not in the world; they are in our models of the world.” When our models are fragmented, our solutions will be fragmented as well.
Wicked problems in a hyper-connected world
Many of today’s challenges fall into what scholars describe as “wicked problems”—issues that are complex, non-linear, and resistant to definitive solutions. They have multiple causes, involve many stakeholders with competing values, and evolve over time. Actions taken to address one aspect of the problem often generate unintended consequences elsewhere.
In a hyper-connected world, these dynamics are amplified. A disruption in one part of the global system—whether a pandemic, a financial shock, or a geopolitical conflict—can cascade rapidly across borders, affecting food systems, energy markets, public health, and social stability. Recent crises have starkly demonstrated how local vulnerabilities are intertwined with global forces.
Despite decades of research aimed at tackling such problems, progress remains uneven and, in many cases, distressingly slow. In some instances, well-intentioned scientific interventions have even generated new problems or unintended consequences. The Green Revolution of the 1960s, for example, dramatically increased cereal yields and reduced hunger in many developing countries, but its heavy dependence on agrochemicals has since contributed to soil degradation, water pollution, and public health concerns. Similarly, plastics—once hailed as miracle materials for their affordability and versatility—have become a pervasive environmental menace, illustrating how narrowly framed solutions can create long-term systemic risks. This gap between knowledge production and societal impact raises a critical question: are we organising our research and institutions in ways that are fit for purpose in an interconnected world?
What is transdisciplinarity?
Transdisciplinarity offers a compelling response to this question. Unlike multidisciplinary approaches, which place disciplines side by side, or interdisciplinary approaches, which integrate methods across disciplines, transdisciplinarity goes a step further. It transcends academic boundaries altogether by bringing together researchers, policymakers, practitioners, industry actors, and communities to jointly define problems and co-create solutions.
At its core, transdisciplinarity is problem-driven rather than discipline-driven. It starts with real-world challenges and asks: what knowledge, perspectives, and forms of expertise are needed to address this issue in a meaningful way? Scientific knowledge remains essential, but it is complemented by experiential, local, and indigenous knowledge—forms of understanding that are often overlooked in conventional research but are crucial for context-sensitive and socially robust solutions.
As C. P. Snow warned in his influential reflections on “The Two Cultures,” divisions within knowledge systems can themselves become barriers to progress. Transdisciplinarity seeks to bridge not only disciplines, but also the persistent gap between knowledge and action.
Learning from nature and society
Nature itself provides a powerful metaphor for transdisciplinary thinking. Ecosystems do not operate in compartments. Soil, water, plants, animals, and climate interact continuously in dynamic, adaptive systems. When one element is disturbed, the effects ripple through the whole. Human societies are no different. Economic systems shape social relations; social norms influence environmental outcomes; technological choices affect governance and equity.
Yet our institutions often behave as if these connections do not exist. Universities are organised into departments with separate budgets and promotion criteria. Research funding is allocated along disciplinary lines. Success is measured through narrow metrics such as journal impact factors and citation counts, rather than societal relevance or long-term impact.
This mismatch between the complexity of real-world problems and the fragmentation of our knowledge systems lies at the heart of many policy failures. While societal challenges have grown exponentially in scale and interdependence, organisational structures and problem-solving approaches have not evolved at the same pace. Attempting to address borderless global issues using rigid, compartmentalised, and outdated frameworks is therefore increasingly counterproductive. As former UN Secretary-General Ban Ki-moon aptly stated, “We cannot address today’s problems with yesterday’s institutions and mindsets.”
Transdisciplinarity and sustainable development
The United Nations Sustainable Development Goals (SDGs) offer a vivid illustration of why transdisciplinary approaches are essential. The 17 goals—ranging from poverty eradication and health to climate action and biodiversity—are explicitly interconnected. Progress on one goal often depends on progress in others. Climate action affects food security, health, and livelihoods. Education influences gender equality, economic growth, and environmental stewardship.
Achieving the SDGs therefore requires more than sector-by-sector interventions. It demands integrated, cross-sectoral responses that align research, policy, and practice. Transdisciplinarity provides a framework for such integration by fostering collaboration across disciplines and sectors, and by grounding global goals in local realities.
For countries like Sri Lanka, with complex socio-ecological systems and rich cultural diversity, this approach is particularly relevant. In Sri Lanka, more than 6,000 individuals are engaged in research and development, with over 60 per cent based in universities and other higher education institutions. This places a particular responsibility on academic and institutional leaders to create environments that encourage collaboration across disciplines and with society. Policies, assessment schemes, funding mechanisms, and incentive structures within universities can either reinforce silos or actively nurture a transdisciplinary culture. Sustainable development challenges here are shaped by local contexts—coastal vulnerability, agricultural livelihoods, urbanisation patterns, and social inequalities—while also being influenced by global forces. Transdisciplinary engagement can help bridge this global–local divide, ensuring that policies and innovations are both scientifically sound and socially meaningful.
Why transdisciplinarity is hard?
Despite its promise, transdisciplinarity is not easy to practice or institutionalise. Deeply entrenched disciplinary identities often shape how researchers see themselves and their work. Many academics are trained to excel within narrow fields, and career advancement systems tend to reward disciplinary publications over collaborative, problem-oriented research.
Institutional structures can further reinforce these silos. Departments operate with separate budgets and governance arrangements, making cross-boundary collaboration administratively cumbersome. Funding mechanisms often lack categories for transdisciplinary projects, leaving such initiatives struggling to find support. Time pressures also matter: genuine engagement with communities and stakeholders requires sustained interaction, yet academic workloads rarely recognise this effort.
There are also cultural and ethical challenges. Different disciplines speak different “languages” and operate with distinct assumptions about what counts as valid knowledge. Power imbalances can emerge, with certain forms of expertise dominating others, including the voices of non-academic partners. Without careful attention to trust, equity, and mutual respect, collaboration can become superficial rather than transformative.
The way forward: from aspiration to practice
If transdisciplinarity is to move from rhetoric to reality, deliberate institutional change is required. Sri Lanka, in particular, would benefit from articulating a clear national vision that positions transdisciplinary research as a core mechanism for addressing challenges such as climate resilience, public health, disaster risk, and sustainable development. National research agencies and universities can play a catalytic role by creating dedicated funding streams, establishing transdisciplinary centres, and embedding systems thinking and stakeholder engagement within curricula and research agendas. First, awareness must be built. Universities, research institutes, and funding agencies need to invest in dialogue, training, and pilot projects that demonstrate the value of transdisciplinary approaches in addressing pressing societal challenges.
Second, leadership matters. Institutional leaders play a critical role in signalling that transdisciplinary engagement is not peripheral, but central to the mission of knowledge institutions. This can be done by embedding such approaches in strategic plans, allocating seed funding for collaborative initiatives, and recognising societal impact in promotion and evaluation systems.
Third, structures must evolve. Flexible research centres, shared infrastructure, and streamlined administrative processes can lower the barriers to collaboration. Education also has a role to play. Introducing systems thinking and problem-based learning early in undergraduate and postgraduate programmes can help cultivate a new generation of researchers comfortable working across boundaries.
Finally, ethics and inclusivity must be at the forefront. Transdisciplinarity is not merely a technical methodology; it is an ethical commitment to valuing diverse forms of knowledge and engaging communities as partners rather than passive beneficiaries. In doing so, it strengthens the legitimacy, relevance, and sustainability of solutions.
A collective learning challenge
Peter Senge once observed, “The only sustainable competitive advantage is an organization’s ability to learn faster than the competition.” This insight applies not only to organisations, but to societies as a whole. Our collective ability to learn, unlearn, and relearn—across disciplines and with society—will determine how effectively we navigate the challenges of our time.
The shift from siloed disciplines to transdisciplinary engagement is therefore not a luxury or an academic trend. It is a strategic necessity. In a world of complex, interconnected problems, fragmented knowledge will no longer suffice. What is needed is a new culture of collaboration—one that sees connections rather than compartments, embraces uncertainty, and places societal well-being at the centre of scientific endeavour.
Only by breaking down the walls between disciplines, institutions, and communities can we hope to transform knowledge into action, and action into lasting, equitable change.
A final word to Sri Lankan decision-makers
For Sri Lanka, the message is clear and urgent. Policymakers, university leaders, funding agencies, and development institutions must recognise that many of the country’s most pressing challenges—climate vulnerability, public health risks, food and water security, disaster resilience, and social inequality—cannot be solved within institutional silos. Creating space for transdisciplinary engagement is not a marginal reform; it is a strategic investment in national resilience. By aligning policies, incentives, and funding mechanisms to encourage collaboration across disciplines and with society, Sri Lanka can unlock the full value of its scientific and intellectual capital. The choice before us is stark: continue to manage complexity with fragmented tools, or deliberately build institutions capable of learning, integrating, and responding as a system. The future will favour the latter.
by Emeritus Professor Ranjith Senaratne ✍️
Former Vice-Chancellor, University of Ruhuna,
Former General President, Sri Lanka Association for the Advancement of Science
Former Chairman, National Science Foundation
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