Connect with us

News

22 A: Amendments accepted at ‘committee stage’ should be subjected to SC approval

Published

on

Nalin de Silva highlights major constitutional flaw

By Shamindra Ferdinando

Sri Lanka’s former Ambassador to Myanmar, Prof. Nalin de Silva, has said that whatever amendments introduced to a particular Bill at the committee stage should be definitely subjected to the approval by the Supreme Court.

The one-time Mathematics Don has stressed that the Speaker shouldn’t endorse the amended Bill until the Parliament obtained the Supreme Court’s consent.

Prof. De Silva said so commenting on a simmering controversy over Justice Minister Dr. Wijeyadasa Rajapakse, PC, manipulating the committee stage process to introduce new amendments which may not be in line with the Supreme Court ruling on the original Bill on the 22nd Amendment to the Constitution.

Prof. de Silva dealt with the issue at hand as sections of the ruling SLPP, including dissidents, warned against any moves to dilute executive powers to enable the full operationalisation of the 13th Amendment to the Constitution.

The outspoken retired academic has urged the Parliament to introduce an amendment to prevent the Speaker from endorsing an amended Bill, till the Supreme Court approves it.

Prof de Silva last served as Sri Lanka’s top envoy in Myanmar, from 2020 to 2021.

The activist described the absence of provision for the Supreme Court to examine a Bill, following the committee stage, as a major flaw in the Constitution. This loophole should be closed, Prof de Silva said, recalling how successive governments had exploited the committee stage of controversial Bills to pursue their agendas. Prof de Silva cited the passage of the 19th Amendment to the Constitution as a case in point.

Prof de Silva stressed that the Justice Minister’s approval of amendments were certainly not sufficient. Therefore, Supreme Court approval should be a prerequisite for the Speaker’s endorsement, he said.

Having pointed out that the 22nd Amendment had been presented to the public, through Gazette notification, Prof de Silva emphasized that the executive, the legislature and the judiciary were involved in the overall process.

Prof de Silva said that all amendments proposed to the 22 A that would be taken up for vote tomorrow (07) should be defeated. In fact, future attempts to introduce amendments at committee stage of a particular Bill, too, should be thwarted as the Speaker and the Justice Minister whichever party/alliance in power didn’t have the competence to examine the constitutionality of the proposals, Prof de Silva said.

The former diplomat said that the move to dilute executive powers should be examined against the backdrop of President Ranil Wickremesinghe’s failure to secure the required international financial assistance. Declaring that the incumbent government couldn’t obtain at least loans from Western powers let alone grants, Prof de Silva questioned the status of Sri Lanka’s much-touted Staff-Level Agreement with the International Monetary Fund now being contradicted by the government.

Prof de Silva was commenting on Premier Dinesh Gunawardena’s declaration in Parliament on Tuesday (04) that there was only a draft agreement and they were yet to finalize the Staff-Level Agreement with the IMF.

Prof de Silva said that before the finalization of the agreement, the draft agreement should be submitted to the Parliament.

The retired academic said that the government owed an explanation regarding the efforts to introduce constitutional amendments at a time political parties, represented in Parliament, should be concentrating on a tangible economic recovery plan. Prof de Silva asked whether they genuinely expected the introduction of 22 A to the Constitution would really enhance political stability.

Prof de Silva expressed serious concerns about how the powers that be could propose certain amendments at the committee stage of the 22 A with a view to appeasing the Tamil National Alliance (TNA) as well as the Sri Lanka Muslim Congress (SLMC), a constituent party of the main Opposition Samagi Jana Balavegaya (SJB). The retired University Don pointed out the possibility in the government proposing consultations between the appointing authority (the President) and the Chief Ministers in respect of the appointment of Governors of the Provinces. In terms of the Constitution now, the appointment of Governors is the prerogative of the President.

Prof de Silva said that the President couldn’t dilute executive powers enshrined in the Constitution.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

US sinks Iranian warship off Galle returning from Indian naval exercise

Published

on

IRIS Dena (F75)

Of 180 member crew, 30 rescued by Sri Lanka Navy

Iran warship IRIS Dena (F75), returning home after participating in the Indian International Fleet Review, and MILAN 2026 international naval exercises, has been sunk off Sri Lanka. The US, Russia and Iran were among 74 participants.

Speculation is rife that the US attacked the vessel in international waters as part of the continuing offensive action under Operation Epic Fury, launched on 28 February. Before the attack in the Indian ocean, President Trump declared that the Iranian Navy Headquarters and nine Navy vessels had been destroyed.

The ill-fated Moudge-class frigate participated in the Indian exercises with the US Navy’s Arleigh Burke-class guided-missile destroyer USS Pinckney (DDG-91) and the Marshal Shaposhnikov, a Udaloy-class frigate of the Russian Navy. Sri Lanka also participated in the exercises. SLNS Sagara and Israeli built Fast Missile Vessel Nandimithra represented Sri Lanka. Forty two warships and submarines and 29 aircraft had been involved.

At the time of the attack, the domestically built vessel was crewed by 180 officers and men.

The US Embassy here did not respond to The Island media query whether the US sank IRIS Dena . The Island was unable to get in touch with Iranian Ambassador in Colombo Alireza Delkhosh though he earlier indicated his availability later in the day.

Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, told the Parliament yesterday that the Sri Lanka Navy and the Sri Lanka Air Force had acted in less than an hour of receiving the distressed signal at 5.08 am.

According to the Minister, the first naval craft was dispatched by 6 am, followed by a second vessel at 7 am, while Air Force units joined the mission, including the deployment of a surveillance aircraft to support search operations.

Approximately 180 personnel were believed to have been on board the stricken vessel. Of them, around 30 were reported to be in critical condition.

“To save the lives of those 30 persons, we intervened immediately,” Minister Herath said, adding that the rescued crew members were being transported to Karapitiya Hospital for urgent medical treatment. Some had already arrived by the time of his statement.

SLPP MP Namal Rajapaksa asked whether the Iranian ship had been attacked within Sri Lanka’s Exclusive Economic Zone (EEZ).

Responding to questions raised by Opposition MPs, including NDF Badulla District MP Chamara Sampath Dassanayake, who alleged that the Iranian vessel may have been struck in Sri Lankan waters, the Minister said the ship had been outside Sri Lanka’s maritime boundary when it issued the distress call.

MP Dassanayake queried whether the frigate had been hit as part of the ongoing military escalation involving the United States and Israel against Iran. There was no immediate confirmation from the government regarding the cause of the emergency.

Minister Herath stressed that Sri Lanka’s intervention was guided solely by humanitarian considerations and international obligations.

“We are bound by the International Convention on Maritime Search and Rescue (SAR) of 1979, which we have signed,” he told Parliament.

Under the convention, a signatory state is required to respond to maritime emergencies, regardless of nationality, the cause of the incident, or whether it occurs beyond its own territorial waters.

“According to this convention, if a vessel, or its crew, encounters danger beyond our territorial limits, we are obligated to intervene and protect those lives on humanitarian grounds,” Minister Herath said, adding Sri Lanka had acted immediately to prevent loss of life and had taken all urgent and necessary measures as a responsible state.

The Minister noted that the incident highlighted broader regional security vulnerabilities in maritime safety amid escalating tensions in the region. “A regional military situation would also have an impact on our country. The government’s position is that a negotiated solution must be pursued,” he said.

He also disclosed that President Anura Kumara Dissanayake had held a telephone discussion on Tuesday night with the leadership of the United Arab Emirates regarding the evolving regional situation.

Rescue operations were continuing at the time of going to press.

By Saman Indrajith and Shamindra Ferdinando

Continue Reading

News

Justice Kumudini complains of male domination at senior levels, absence of a woman head of BASL

Published

on

Supreme Court Justice Kumudini Wickramasinghe

Judge of the Supreme Court Justice Kumudini Wickramasinghe has recently presented a stark analysis of the legal profession’s gender disparity, noting that in spite of women entering the legal field in substantial numbers, their representation dwindles at senior levels. She has highlighted critical statistics and the fact that only two women currently serve in the Supreme Court, none in the Court of Appeal, and that there has never been a woman President of the Bar Association of Sri Lanka (BASL).

“Inclusive leadership is not satisfied by entry-level participation,” Justice Wickramasinghe said. “It concerns who occupies the apex of institutional authority, who shapes doctrine, who speaks for the profession. These figures are not merely statistics; they are indicators of work yet unfinished.”

Justice Wickramasinghe said so at a seminar organised on the eve of International Women’s Day by the Bar Association of Sri Lanka (BASL), in collaboration with the Sri Lanka Women Lawyers’ Association (SLWLA). She underscored the need to address the systemic barriers preventing women from reaching the apex of the legal profession. Justice Wickramasinghe addressed the gathering as the Chief Guest.

BASL President Rajeev Amarasuriya, in his address, framed inclusivity not as charity or tokenism, but as “structural fairness.” He raised an important question being ‘who bears the responsibility of inclusivity’ and addressed the vital role of leadership in inclusivity. Furthermore, Amarasuriya challenged the profession to address the “gap between what we see coming into the profession and what we see at the top,” and clarified that such disparity did not stem from a lack of competence or commitment but from deep rooted practices and structural issues.

A dynamic panel discussion, moderated by Attorney-at-Law Tanushka Gunawardane, explored the multifaceted nature of inclusive leadership. The panel featured Justice Wickramasinghe, Constitutional Council Member Professor Wasantha Seneviratne (joining online), Senior Instructing Attorney Shiranthi Gunawardhana, and corporate leader Yanina Weerasinghe.

Professor Wasantha Seneviratne distinguished between mere representation and true participation, stating that inclusion becomes meaningful only when women have the “agency and authority to make decisions.” She emphasised that inclusive leadership is both a moral obligation and a pragmatic governance strategy.

Senior Instructing Attorney Shiranthi Gunawardhana shared personal anecdotes from her 50-year career, urging senior lawyers to act as mentors rather than gatekeepers. She stressed the importance of creating space for young female lawyers by offering flexibility and support to help them balance professional and personal responsibilities.

Yanina Weerasinghe, Head of Legal at Brandix, argued that true inclusion is measured by influence, not optics. “Diversity is being present; inclusivity is being influential,” she explained, warning against tokenism and calling for “cerebral opportunities” where women are selected, based on talent, and given a genuine voice in decision-making.

Justice Wickramasinghe addressed the relationship between judicial hierarchy and inclusion, asserting that authority and accessibility can coexist. “A judge can be firm in decisions while remaining approachable,” she said, adding that power exercised with transparency and humility strengthens, rather than weakens, institutional legitimacy.

The seminar also heard from Dilani Yatawaka, Managing Director/CEO of Ideal Motors, who shared her perspective as a female leader in the male-dominated automotive sector. She reinforced the critical role of supportive superiors and societal encouragement to enable women to ascend the career ladder while managing family responsibilities.

BASL Women Lawyers’ Professional and Career Development Committee Chair Indika Nagaratne Koththagoda in her welcome address said that the distinguished gathering was honoured to have Her Ladyship Justice Kumudini Wickramasinghe, Judge of the Supreme Court of Sri Lanka, as the Chief Guest and a key panellist and also welcomed the other panellists Attorneys-at-Law Professor Wasantha Seneviratne, Ms. Shiranthi Gunawardena and Yanina Weerasinghe for agreeing to share their insights on the subject during the ensuing panel discussion to be moderated by Attorney-at-Law Ms. Tanushka Gunawardane.

In her closing remarks, Nalani Manatunga, Co-Chairperson of the BASL Women Lawyers’ Professional and Career Development Committee, challenged the audience to reflect on the true meaning of leadership. “A position gives authority, but leadership gives direction,” she said. “Inclusive leadership is not about occupying space; it’s about creating space. Let our leadership not be measured by the chairs we occupy, but by the doors we leave open.”

Continue Reading

News

No qualified printer to head Government Printing Department

Published

on

A crisis was prevailing at the Government Printing Department due to the absence of a permanent Government Printer, Parliament was told yesterday, raising concerns over confidentiality, quality control and national security.

NDF MP Ravi Karunanayake demanded to know what steps the government had taken to fill the long-standing vacancy at the department, describing the situation as a serious administrative lapse.

“The Government Printing Department is a very important and closed service category institution. However, it has been functioning without a permanent Government Printer for some time,” Karunanayake said.

The MP pointed out that the department handles highly sensitive material, including documents related to defence and national security, as well as other classified publications.

“The non-availability of a permanent Government Printer affects the quality, confidentiality and sustainability of the work there. Has the Government conducted an audit on the possible issues arising from this situation? What immediate action has been taken to resolve this crisis?” he asked.

Responding on behalf of the Government, Prime Minister Dr Harini Amarasuriya said the vacancy had been filled on a temporary basis following a Cabinet decision.

She said an experienced officer from the Sri Lanka Administrative Service had been appointed on contract as Acting Government Printer to ensure operational continuity and maintain security standards in relation to sensitive printing tasks.

The Prime Minister acknowledged that the issue reflected broader systemic weaknesses in public service recruitment and professional development that had persisted for years.

“To bridge these gaps, the Government is initiating specialised training programmes and offering international scholarships for high-performing students to build future technical capacity,” she said.

Chief Government Whip and Health and Mass Media Minister Dr Nalinda Jayatissa said that under existing service minutes, more than two decades of experience were required for an officer to qualify for the top post, and that there were currently no internal candidates eligible for appointment.

He said that the department was facing a leadership crisis and administrative instability due to the lack of a permanent, qualified Government Printer.

By Saman Indrajith

Continue Reading

Trending