Opinion
Which 21st Amendment? What can bring sanity to the system?

by Dr Laksiri Fernando
Is there any rationale behind attempting to amend the Constitution during a severe economic crisis in the country? Different people give different answers to the question. Those who brought the 20th Amendment, which has strengthened the powers of the President directly and indirectly attempt to scuttle any amendment. The ex-Minister of Finance, Basil Rajapaksa, is supposed to be leading this faction within the majority party in Parliament, Sri Lanka Podujana Peramuna (SLPP). Can anyone have any doubt where the President, Gotabaya Rajapaksa, stand on this issue? He obviously cannot be like Maithripala Sirisena when the 19th Amendment was brought in.
Then there are people who believe that the presently promoted 21st Amendment is not enough. It aims to cut some wings of the President, but not all. Eran Wickremaratne has expressed this view to the Sunday Island (5 June 2022). This is the same view expressed by Ranjith Maddumabandara as the Secretary of the Samagi Jana Balawegaya (SJB), under whose name there is a written proposal before Parliament. Advocacy is for a systemic change and abolition of the presidential system altogether. One strong argument from this faction of people is that ‘President’s arbitrary powers were at the heart of the present economic crisis which cannot be ignored by anyone. Apart from the SJB, the other parties like the JVP and TNA seem to hold the same view.
The Bar Association is another protagonist. They say, ‘the new amendment will let President Gotabaya Rajapaksa keep most of his powers, including power to hold Ministries, assign subjects to himself, appoint whom he wants as Secretaries, dissolve Parliament early and unlimited powers to pardon anyone.’
Although not expressed in written form or through interviews, this is the same sentiments expressed by the general opinion of the protest movement at Galle Face, Aragalaya (Struggle). They instinctively believe that there is not much point in having a revised role for the President, while Gotabaya Rajapaksa is at the helm of that position. The slogan ‘Go Gota Go’ signify this sentiment.
Two Drafts
In the web page devoted to ‘constitutional amendment proposals’ in the Parliament website, there are two drafts provided, strangely the first as the 21st Amendment and the second as the 22nd Amendment, although both aiming for the same purpose. They should have been easily named as ‘21st drat Amendment 1’ and ‘21st draft Amendment 2.’
The first draft is in the name of Samagi Jana Balawegaya and the second is in the name of an Independent Group of MPs, although it is well known as what the present Minister of Justice, Wijayadasa Rajapaksha, has proposed.i
Both drafts declare “In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail,” but no Sinhala texts of the proposals are provided. Although Sinhala is the mother tongue of many (including mine), for the purposes of legislation and legal enactments, English should have been the language of operation. Most of the legal and constitutional principles and terms are in (or borrowed from) English, and it is with difficulties that they are translated into Sinhala or Tamil.
It is said that a new draft was discussed at the Cabinet meeting on the 6th of May, however, nothing is approved. The decision is to distribute the draft among the political leaders in Parliament and with their viable proposals a new draft to be approved by the Cabinet within two weeks. Only new addition appears to be the prohibition of dual citizens to come to Parliament and hold office.
A Comparison
While Rajapaksha proposal is limited to reestablishing independent commissions, the SJB proposal is far reaching with the objective of converting the present presidential system into a parliamentary democracy. Undoubtedly this requires a referendum in addition to two thirds majority in Parliament. Beginning with amending Article 4 there are several other articles and paragraphs proposed to be amended to achieve this objective.
Article 30 is proposed to amend, as it says, “the deletion of the words “the People” in paragraph (2) of Article 30, and the substitution therefore of the words “Parliament, in the manner provided in paragraph (3) of this Article.” Accordingly, paragraph 3 of the article is the mechanism through which a President is elected by Parliament according to this proposal. It clearly says,
“A citizen qualified under Article 88 and not disqualified under Articles 89 or 92 shall be elected [as President] by a simple majority of the Members of Parliament, within four weeks of its first sitting, by secret ballot, in accordance with such procedure as Parliament may by law provide.”
One advantage of Rajapaksha proposal is that it might be approved by a two thirds majority of Parliament, like the 19th Amendment or the 20th Amendment without a referendum. It focuses on amending the Chapter VIIA (Constitutional Council) and Chapter XIXA (National Procurement Commission) of the Constitution. The name of ‘Constitutional Council’ in both drafts is a misnomer which has nothing directly to do with the constitution, but appointments to high positions and various other commissions assign with the same function. It could be better named as ‘Higher Appointments Council.’
In the case of SJB proposal there are several other chapters proposed to be amended or inserted with the intention of overall systemic change. In addition to the Constitutional Council and the National Procurement Commission, a revision to the Chapter VIII on the ‘Executive: The Cabinet of Ministers,’ ‘A Commission to Investigate Allegations of Bribery and Corruption’ (proposed Chapter XIX-A), ‘National Security Council’ (proposed chapter XIX-C) and a ‘Council of State’ (proposed chapter XIX-C) are proposed.
What is Valid?
There is no valid evidence to argue that when a country is in an economic crisis, no political or constitutional reforms should be undertaken. On the contrary, many experiences in Latin America show that political and constitutional reforms go hand in hand with economic reforms. Political factors sometimes can be the obvious root causes of economic problems. Most of the democratic countries consider ‘good governance’ as a necessary precondition for aid and assistance.
In the case Sri Lanka, the powers, functions, and practices of the Executive President can be considered at the heart of the present crisis. Who ordered the chemical fertilizer ban in Sri Lanka? Of course, the whole crisis cannot be blamed on one person. There is a better understanding today that high level bureaucrats in the Treasury, Central Bank, Customs and Ministries are responsible for the crisis. But who has appointed them based on political/personal loyalty without considering professional and other qualifications? It is the President.
Wijayadasa Rajapaksha has expressed a ‘fear’ that abolition of the Executive Presidency hastily will plunge the country into anarchy’ (The Island, 8 June 2022). Of course, there should not be a haste. This is a matter discussed for a long period. In 2000, under Chadrika Kumaratunga, there was a proposal for a new constitution with the abolition of the presidential system. If the presidential system is justified because of the provincial council system, as Rajapaksha argues, people in this country today faces the negative consequences, the President not holding elections for these Provincial Councils if he is the chief.
Rajapaksha proposed amendment does not change the role of the President in appointments although independent commissions are established. The following is one example.
“41C. (1) No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.”
It may appear restrictive of presidential powers as it starts with the phrase ‘no person shall be appointed by the President.’ Only condition is that the approval of the Council, but again ‘on the recommendation made to the Council by the President.’
Of course, the electoral system is also at fault along with the presidential system to the present predicament in the country. Electoral system also should be changed. Many of the defects are at the representation level, MPs becoming separated from the voters, and with the orientation towards corruption. These are some reasons for an electoral change.
There can be some hesitation on the part of the people, tired because of the economic difficulties, to go for a referendum. However, it will soon change if they realize the opportunity to change the system, or to send Gotabaya home. This is my conclusion.
Opinion
Elected President does not own the state

I refer to the editorial of The Island, dated 24.04 2025, under the title ‘Good governance: Pie in the sky?’ and the article of Dr. Upul Wijayawardhana in The Island dated 23.04.2025, titled ‘The sea change after Modi’s visit,’ on similar subjects. They urge the government to disclose the contents of the MoUs signed with India during Indian Prime Minister Narendra Modi’s recent Sri Lanka visit.
We remember how the UNP leader J.R. Jayewardene (JRJ) signed the Indo-Lanka Pact in 1987 amidst a curfew, disregarding widespread opposition to the treacherous agreement, its repercussions. Later, the Constitution was amended to accommodate what India wanted JRJ to do. Fortunately, no government has yet devolved the police and land powers, as per the said agreement, based on ethnic lines. If fully implemented, it will be irreversible and, if an attempt is made to reverse them, the consequences will be disastrous.
Similarly, a ceasefire agreement crafted by the Norwegians, and signed by the UNP leader Ranil Wickremesinghe and LTTE leader
V. Prabhakaran, in 2002, was not transparent and didn’t serve Sri Lanka’s interests. Unless this foolish agreement had been abrogated and the LTTE defeated, the situation would have been totally different.
We also remember how the JVP leaders took on those governments for signing the above agreements. The JVP’s reign of terror destroyed thousands of lives and state assets worth billions of rupees in the late 1980s, as rightly mentioned in the aforementioned editorial.
The public elects the country’s President and MPs for a specific period. They have no right to commit the country to long-term agreements that are detrimental to the country in many ways.
Sangadasa Akurugoda
Opinion
Astrology, astronomy and reason

If not for its huge impact on our people, Astrology could be dismissed as a harmless indulgence.
It is popularly understood as being based on the precise Science of Astronomy. The main manifestation that impacts on us is the Horoscope on which many things depend. Three key factors are considered in their casting and use. These are (i) Time of birth (ii) Positions of the planets at that moment and (iii) The interpretation of the resulting Chart. There are inexactitudes regarding all three.
Time of Birth
How does one define Birth? Is it the time of emergence of the head, the whole body or the severance of the placenta? Or, could it be the moment of conception? How precise need the timepiece be, and was it calibrated for accuracy and is it GMT or time at location?
Planetary position at that moment
One assumes that the cosmic space is divided into twelve to represent the twelve “Houses”. The Sun and Moon (although strictly not planets,), are also positioned on the chart. Is there a justification for considering only our Solar system from among the 30,000,000 or so Galaxies thought to exist in the Milky Way alone? Since even a small error in recording time may allow the drift from one House to another, there must be very clear boundaries and light must travel in a straight line through cosmic distances. Does light “bend” and what has Relativity Theory to say?
In defining Zodiac signs, there appear to be at least two different systems. For example, in “Western” style, the intervals relate to dates of each month. For example, the governing sign for all born between the 21 of January and 20 February would have to be the same cluster. Those from 21 February to 20 March belong to another, and so on. “Eastern” systems are possibly more complex, with possibly a single day possibly marking several signs. How to select which system, or reconciling one with the other, would be complex and puzzling to most of us.
One is given to understand that some countries (including ours?), possess their individual horoscopes. How are they determined? Obviously, they cannot be according to their believed or uncertain times of creation! Are our earth centered times and dates, of relevance to other planets as well?
Whatever the system, there are embarrassing features. With a World population of seven billion, if one considers a likely degree of symmetry, one twelfth or approximately 585 million, come under the same sign and therefore should have similar futures. It is quite amusing to see the foretelling of the day’s predictions in newspapers with their repetitive or ambiguous words, and excites wonderment that newspapers see fit to use valuable column space and newsprint for the purpose! I have tested this for a week under my Zodiacal sign and the predictions were striking in their repetition day to day and their ambiguity and inanity! Amuse yourself for a week for predictions under your sign before writing to the Editor to use this column space for something less useless!
The “Chart” and its interpretation
In casting a horoscope, based on the foregoing, a two-dimensional chart is drawn, assigning position to each of nine “grahas”. It is in the interpretation that the most problems arise. The readings rely on existing treatises (Panchanga Litha) and on the skill of the reader – there supposedly being “good” readers and “not so good” ones. Coincidence of some predictions and events, is insufficient as proof.
What particular positions or associations of planets, mean some propositions that are most contentious. Do planetary influences relate to mass or distance (as they would, if they relate to gravity)? How do planetary positions offset or augment each other’s influences? Only those skilled in the art of Astrology could venture answers to these and several others that raise embarrassing questions. Acceptance of Astrology seems to rely greatly on its antiquity and on local traditions.
On balance, a reasonable conclusion is that Astrology cannot justly claim legitimacy from a link to astronomy, mathematics or other accepted Sciences. It must seek inspiration from elsewhere. If not for its impact on many – especially the poor, disadvantaged and gullible, it could be dismissed as a harmless diversion.
More than one of our previous Presidents, (among others who should know better), were so reliant on the occult that we were possibly in imminent danger of installing an “Astrologer Royal”. Fortunately, a dramatically “misread” electoral outcome has helped to save us from such a predicament. Nonetheless, Charms, Bracelets, Miniature ‘maces’, Conch shells, Gem-studded Rings and similar mystic Talismans and Amulets are very much in fashion. Many people may even be intimidated into purchasing such embellishments, rather than court predicted disaster.
When a Nation begins to rely on Auspicious Times, Lucky Directions and other “Feng Shui” type ones, (which I am told, declare among other things, that if you leave you toilet lid open, wealth will be flushed away from you!), we begin to look rather silly. Each occasion, mainly the New Year ordains the times for each (lighting of the hearth, and the colour of clothes to be worn, the time for the first meal, etc.) The “Nonagathe,” is claimed to be the time of orbit of the transit of the Sun from one “House” to the next. Anointing the head with oil in the New Year is almost a State Duty. All of these solemn observances do not match with the claim that even the Nations’ Cabinet is selected “scientifically”. It also challenges the relevance of so much effort and resources being expended on Education in the Sciences.
One of the most impactful uses of the Horoscope is in matters matrimonial. Glance at the Sunday Matrimonial columns, and you will be amazed by statements like “Copy of the Horoscope is essential with the first response”, or “Those with malefics or Kethu in the seventh house need not apply”. “Both parents are professionals” indicates that education or social class does not matter. Sinhala and Tamil papers may well be worse.
Lots of people in other countries who have no belief, (nor even a copy of a horoscope), may still enjoy a happy marriage. One shudders to think how many of our own youth may have been denied a chance to select a temperamentally suited partner, with whom to enjoy a happy marriage, because a suitable “horoscopic match” could not be found. Data relating to the success or otherwise of marriages with and without Zodiacal assistance, could be revealing.
When poor people in distress seek some remedy, they are easy prey for soothsayers, who recommend various practices including expensive “Poojas” and other costly rituals. This could amount to at least intimidation or exploitation, possibly even fraud.
If anyone takes refuge in the Supernatural, it is certainly a matter of individual choice. But when important persons do so repeatedly, at State expense, and poor people are intimidated to engage in expensive rituals, under threat of deadly outcomes, it is quite another matter, bordering on the criminal. Are for instance, our home-grown deities inferior to those exotics, as to warrant political panjandrums repeatedly visiting overseas shrines with “good” anecdotal reputations?
When otherwise sane people believe that the Gods could be appeased by dashing coconuts (to curse their opponents) or a basket of fruits, it is time for a “reality check” by their Psychologists.
Of course, Science cannot and need not be able to explain all, yet “Faith” has been defined as “the belief in something that one knows to be false.”
Two remarkably predictive matters that are difficult to dismiss easily, are the acclaimed predictions of the sixteenth century seer Nostradamus, some of whose predictions have been uncannily correct.
More remarkable still are the predictions revealed in the “Nadiwakyam Scrolls.” Their history is as fascinating as their mystery. These scrolls, perhaps thousands in numbers, are believed to be compilations by ancient Rishis, who dwelled in the Himalayas some centuries ago. Some of these (perhaps a few thousands or hundreds), are in private possession. These are on engraved copper “cards.” If one is lucky, their particular card is rendered accessible. The card is read out in translation, (likely from Sanskrit originals). The latter is recorded on tape, which is handed over to the client. These are quite amazing for the accuracy in details. Most remarkable is the fact that what is now the near past or present for us, would have been the most distant future, at the time that these miraculous events were foretold. This may be many centuries ahead. This admittedly defies understanding. I know little about the Nostradamus predictions, and only have a sketchy familiarity with the latter. The few “Rationalists” with whom I have “exchange notes” are as flummoxed as I am.
Dr. Upatissa Pethiyagoda
(pethiyagodau@gmail.com)
Opinion
Prof. Harshana Sasanka Rambukwella: A Charismatic Pedagogue

Yesterday, a sumptuous rainbow manifested over Pera. I could not but think of you, my friend!
Harshana was my batchmate at Pera in 1997.
Since he was the only boy among a bevy of girls, taking the first year English course offered by the English Department, Professor Erskine called him the “thorn among roses” at the very first lecture we had with him. But Harshana Sasanka Rambukwella was never a thorn in anyone’s side, so the name did not stick.
He was a lovely human who was happy to spread goodwill among all he associated with. What I remember most distinctly about him is that he was level-headed even as a raw fresher and could argue a point with strength without showing an ounce of unnecessary aggression. Though he had a temper it was reserved for what called for anger.
My most distinct memory of him is when he and I went to the E.F.C. Ludowyk memorial lecture, when Dr. Jayantha Dhanapala spoke on Neruda, as a poet and diplomat. We were awe -struck and though shy as freshers enjoyed the academic atmosphere and the sophistication Dr. Dhanapala exuded. I am glad we did not know of Neruda’s darker side then. That would have spoilt the experience.
I also remember that we chortled when Professor Walter Perera told us not to partake of the refreshments, sotto voce because he had not thought that many people would show up. Then later, good old “Wally,” told us to go on and tuck in because there was enough to go around, with very visible relief. The two of us laughed and chuckled all the way home.
Those were good times.
I was reminded of his temper when I met him as my Professor in my Sociology of Education class, which he taught with Professor Harini Amarasuriya. It was one of the most enjoyable sessions that I was fortunate enough to attend. He would speak on Pierre Bourdieu with such magnanimous expertise helping even the most reluctant of students understand the depth of the French sociologist and philosopher’s views on education and other matters, relating these theories as they should be adopted in the teaching of English in Sri Lanka. When students in his zoom meetings were quiet, he would say with severity, ” the level of engagement is very low.”
The Charismatic Pedagogue was the title on one of his kuppi talks contributions. He was indeed a charismatic Pedagogue.
When he brought up the notion of the Brown Sahib and Thomas Macaulay, I could not help but feel nostalgic, reminded of the time we had spent as raw freshers at Pera. There was Ramila, who remained his best friend until he passed away and of course Prashani and many others. There was nothing very raw about Harshana. He was always a gentleman whether as a young man or as the gentleman I met last on 6th August 2022, when I first visited the PGIE. He would always check my availability when he called me later on and I would say “What men! Don’t stand on ceremony just call anytime!”
It was pure irony that he was one of the judges at a competition and when my entry which went without my name won, his happiness on my success was very evident when he called to congratulate me.
As a scholar, Professor Rambukwella has made many notable contributions both as the director of PGIE and also through his quite prolific writing and research which include research papers such as , Anagarika Dharmapala: the nation and its place in the world, Patriotic Science–The Corona Virus Pandemic, Nationalism, and Indigeneity, and the countless papers he co-authored with the best in the field, and his explorations on Sri Lankan English and last but not least his magnum opus: ‘The Politics and Poetics of Authenticity: A Cultural Genealogy of Sinhala Nationalism.’ This work translated by his good friend Professor Wasantha A. Liyanage, “Amare,” will influence the Sri Lankan reader for time to come. It was a timely and necessary work which will in future help countless students, scholars and readers make sense of the dialogue surrounding the notion of Sri Lankan Nationalism as manifest in politics and literature and Sri Lankan culture. He was not simply an academic he was a man of taste who lived and loved and partook of culture.
Harshana’s life, though brief made its mark on the world because he was not simply an idealist, he was an activist and a trade unionist. He led by example and was a mentor to countless people, students, writer and scholars and a miscellany of others who defy labelling. This must be a trait that he inherited from his father, who was a mild gentleman when we met him during his stint at the English Teaching Unit, but had a reputation as one of the best teachers and school masters Dharmaraja College, Kandy could boast of.
Harshana was a great scholar, a teacher par excellence and a warm kind hearted human being. He will be missed, not only by Prashani, and the two lovely girls about whom I have heard so much, but by everyone who knew him however briefly.
Rest easy my friend! You will be loved. Your life though brief is a cause for celebration not for lament!
By Ashanthi Ekanayake
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