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Editorial

22-A and Catch-22

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Friday 7th October, 2022

Sanity has prevailed; the parliamentary debate on the 22nd Amendment (22-A) to the Constitution Bill has been postponed. The government seems to have got cold feet due to stiff resistance offered by the Opposition and even a section of the ruling SLPP to the controversial Bill.The process of tinkering with the 1978 Constitution to effect changes to the executive presidency has taken a zigzag course. The first successful attempt to reduce the executive powers of the President was made in 2001, and it paved the way for the 17th Amendment (17-A), which led to the establishment of the Constitutional Council and the Independent Commissions to depoliticise some vital state institutions.

 About nine years later, 17-A was deep-sixed, and the 18th Amendment (18-A) introduced to restore the powers of the executive presidency. In 2015, all those who voted for 18-A in Parliament, save one or two, backed the 19th Amendment (19-A), which reduced the executive powers of the President. Then came the 20th Amendment (20-A), which strengthened the executive presidency again. A fresh attempt is now being made to weaken the presidency through 22-A.

The government has, in its wisdom, chosen to bite off more than it can chew. It does not have a two-thirds majority to secure the passage of the 22-A Bill, and, worse, the SLPP is divided thereon, with the Basil Rajapaksa faction openly opposing it. If the pro-Rajapaksa MPs do not back the 22-A Bill, it will be a dead duck.

Why the government is in a mighty hurry to have the 22-A Bill passed defies comprehension. It has, true to form, got its priorities mixed up. What the country needs at this juncture is not a new Constitution or an amendment to the existing one, but an all-out attempt to sort out the economic crisis, which has the potential to unleash anarchy, which will render all laws useless.

Opposition to the 22-A Bill emanates mostly from its opponents’ fear that the government is planning to introduce some committee-stage amendments thereto without judicial sanction, thereby weakening, if not doing away with, the constitutional safeguards currently in place against moves being made to divide the country. The critics of the 22-A Bill also argue that President Ranil Wickremesinghe is under pressure from the UNHRC, India, and the US-led western powers to enable the full implementation of the 13th Amendment (13-A), and clear the way for federalism. Their fear is not unfounded. There have been instances where governments compassed their sinister ends by stuffing Bills with questionable sections at the committee stage and steamrollering them through Parliament.

Laws become faits accomplis in this country once they are passed owing to the absence of a constitutional provision for the post-enactment judicial review of legislation. There are some precedents. It has now been revealed that in 1988, the J. R. Jayewardene government surreptitiously inserted a section into the Parliamentary Elections Act by having an amendment Bill changed, after its ratification, to allow political parties to engineer National List vacancies and appoint persons of their choice to Parliament. This provision has made a mockery of Article 99 (A) and Article 101 (H) of the Constitution. In 2017, the Sirisena-Wickremesinghe government smuggled a slew of sections into the Provincial Council Elections (Amendment) Bill to postpone the provincial council elections indefinitely. It is argued in some quarters that 20-A prohibits such alterations and additions; Article 78 of the Constitution says ‘any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill’. But some constitutional experts are of the view that no legal remedy will be available even if changes are made to the 22-A Bill at the committee stage because laws cannot be challenged in courts after their enactment. There’s the rub.

The SLPP itself has opposed the government’s decision to put the 22-A Bill to the vote. On the one hand, it seems to think that a strong executive presidency is necessary for its survival, which hinges on the Executive President’s ability to rule the country with an iron fist and hold anti-government protesters at bay, and on the other hand, it does not have a two-thirds majority to secure the passage of the Bill, and is very likely to suffer a serious setback in Parliament if a vote is taken thereon. It is also possible that the SLPP has resorted to brinkmanship to have the 22-A Bill amended to prevent the President from dissolving Parliament after the expiration of two and a half years of its term. But how will the SLPP muster 150 votes even if it decides to back the Bill. As it stands, the chances of the 22-A Bill being ratified are extremely remote, but given the sheer number of MPs who are willing to defect, it is difficult to predict the outcomes of votes in Parliament.

President Wickremesinghe will stand to gain if the status quo remains, provided he is not under international pressure to have the 22-A Bill passed with provision for the full implementation of 13-A; he will be able to enjoy unbridled executive powers, and leverage his ability to dissolve Parliament in about six months to tame the SLPP parliamentary group, which needs elections like a hole in the head.

Let the government be urged to delay the debate on the 22-A Bill further and reveal the proposed changes to it thereby allowing an extensive public discussion to take place thereon. It has to show its hand, and give a cast-iron guarantee that it will not stuff the Bill with sections sans judicial sanction at the committee stage, which has become a sort of constitutional wormhole. The need for introducing constitutional provision for the post-enactment judicial review of legislation cannot be overemphasised.



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Editorial

State employees: Sinning and sinned against

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Minister of Agriculture, Livestock, Land and Irrigation K. D. Lal Kantha is known for his straight talk—a trait that occasionally gets him into hot water. He has told state workers some home truths. Speaking at a ceremony to mark the launch of 500 Highland franchise outlets, yesterday, he lashed out at the public service, calling it a den of thieves. State employees had been held in high esteem in the past, but the public had a very low opinion of them at present, he said. It may be wrong to paint all public servants with the same brush; there are some good men and women among them, but Minister Lal Kantha’s sharp rebuke of state employees must have struck a responsive chord with the irate public.

The NPP government has put an end to the culture of corruption in politics, but the state service is still corrupt to the core, according to Minister Lal Kantha. One cannot but agree with him on his criticism of the sorry state of affairs in the public service, which needs to be cleansed urgently. But that task is akin to the cleaning of the Augean Stables and requires a Herculean effort. Successive governments have baulked at giving the public service a radical shake-up as state employees are a decisive factor in electoral politics.

Interestingly, the state officials Minister Lal Kantha has condemned in the strongest possible terms voted overwhelmingly for the JVP-led NPP in the last three elections, as can be seen from the sheer number of postal votes it received. In other words, the NPP has benefited from the political strength of the den of thieves!

The JVP’s trade union arm, which has a firm hold on the state sector, used to lead public employees to industrial action under successive governments, which had strikes and other labour disputes to contend with almost on a daily basis. The JVP trade unions and their members in the state sector have been behaving since last year’s regime change!

Trade unions cannot absolve themselves of the blame for corrupt practices among their members. Minister Lal Kantha himself has been a trade unionist. Trade unions, including those affiliated to political parties, are duty-bound to help reform the state sector and ensure that the interests of the public are better served. They have a pivotal role to play in helping the country achieve economic development.

The state service is notorious for overtime rackets, especially in the health sector, where some trade unions have thwarted the Health Ministry’s efforts to install biometric attendance marking systems. Therefore, the blame for the state sector corruption and other forms of malpractices should be apportioned to the trade unions and the political parties that have them on a string.

Will Lal Kantha and other JVP/NPP leaders explain why they have granted pay hikes to public employees without adopting measures to eliminate corruption in the state service, and enhance its efficiency? They sought to garner favour with the state employees numbering over 1.3 million, didn’t they? The government has also unveiled a grand plan to recruit 35,000 more workers into the state sector, which is already bursting at the seams!

The general consensus is that the rot in the public service set in during the SLFP-led United Front government (1970-77). That regime upended the state sector recruitment criteria and introduced the so-called chit system, enabling the ruling party politicians to provide employment to their supporters in the state sector. The public service has been reduced to a mere appendage of the political authority over the past several decades. Ironically, it was also under an SLFP-led government that the 17th Amendment was introduced to the Constitution to depoliticise vital public institutions.

Political appointments have taken a heavy toll on the state sector. Successive governments have catapulted their cronies to high posts in the public service. The incumbent administration also stands accused of trying to bring in an outsider with links to the NPP as the next Auditor General at the expense of an experienced officer. Thus, the self-righteous politicians who condemn the state service ought to turn the searchlight inward.

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Editorial

Salt scarcity: More than a question of taste

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Saturday 24th May, 2025

Sri Lanka is never short of issues, ranging from frivolous to serious, so much so that one cannot keep track of them.

The government insists that salt has been imported in sufficient quantities, and the claims of a persistent salt shortage are false. It is apparently far removed from reality.

Yesterday, Minister of Trade Wasantha Samarasinghe proudly announced the arrival of a ship carrying salt, at the Colombo Port. Nothing could be more absurd in an island state than its government’s boastful claim that a salt scarcity has been overcome by importing that commodity.

However, this is not the first time Sri Lanka has imported salt, but on previous occasions governments imported it promptly when there occurred significant drops in the local production thereof; salt scarcities like the present one never occurred previously, much less became a political issue.

A salt shortage does not occur overnight. It takes months to manifest itself. The signs of the current one were felt a few months ago; it has come about because the government let the grass grow under its feet, ignoring warnings and waiting until salt disappeared from shelves to act. Now, it is boasting of the arrival of imported salt.

Salt prices have risen steeply, and a kilo of salt sells at Rs. 400, we are told. It is doubtful whether the salt prices will come down in the foreseeable future, for Sri Lanka is notorious for sticky prices.

The NPP would not have been able to savour power if not for the stinging scarcity of essentials that prompted the people to take to the streets in 2022. A chronic shortage of fuel became the undoing of the Gotabaya Rajapaksa government. Needless to say, shortages of essential commodities have the potential to bring down governments in this country.

The SLFP-led United Front government collapsed in 1977 mostly due to the scarcity of food items such as rice. Hence prudence demands that the current dispensation learn from its predecessors and do everything in its power to make essentials available at affordable prices.

In fact, the current salt shortage is more than a taste enhancer being in short supply. It is a question of the ability of the incumbent government to make strategic decisions to forestall trouble. There’s the rub.

It may not be fair to ask whether the current administration is worth its salt simply because of the prevailing salt shortage, but the question is whether a government that cannot ever much as ensure a continuous supply of salt, which is cheap and easy to produce locally, will be able to prevent a shortage of costly petroleum fuel? Hypothetical as this question may be, anything is possible in this country. Whoever would have thought that the Rajapaksa government would ever exhaust the country’s foreign exchange reserves in a couple of years and cause scarcities of fuel, milk food and many other imported goods, and, above all, its leaders would have to run away?

It is high time the incumbent government stopped bellowing rhetoric and concentrated on delivering tangible results to the public.

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Editorial

Lajja!

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Friday 23rd May, 2025

The Constitutional Council (CC) has rejected President Anura Kumara Dissanayake’s nominee for the post of the Auditor General. The Opposition has torn into President Dissanayake—and quite rightly so—for his attempt to have one of his cronies elected to the post of Auditor General at the expense of a highly deserving officer with 30 years of experience in the Auditor General’s Department. The rejected nominee has only five years of experience in the Ceylon Petroleum Corporation, the Opposition has alleged.

Various professional associations, such as the Sri Lanka Audit Services Union, the Association of State Assistant Auditors Union, and State Auditors Union, have demanded to know why President Dissanayake overlooked the most deserving candidate for the post of Auditor General. But the government has chosen to remain silent.

The JVP-led NPP based its election campaigns on promises of good governance, etc., and flayed its political opponents for cronyism, which, it said, had ruined the public service. Now, the NPP is drawing criticism for cronyism.

The manipulation of the CC process yields adverse consequences. The incumbent government is all out to oust IGP Deshabandu Tennakoon. The controversy over his conduct would not have arisen if the Rajapaksa-Wickremesinghe government had not undermined the CC process to have him appointed IGP in early 2024. The CC was divided over his appointment; four members voted in favour of it, and two against it, with two others abstaining. The CC consists of 10 members, but it had only nine members at the time. The previous regime engineered a tie in the CC vote by interpreting abstentions as opposition to the appointment at issue and had Speaker Mahinda Yapa Abeywardenea cast what was made out to be a tie-breaking vote!

One of the main reasons why President Ranil Wickremesinghe became unpopular in spite of his courageous political leadership for breaking the back of the country’s worst-ever economic crisis was that he succumbed to the arrogance of power, defended the corrupt and other undesirables, and enabled his cronies to secure sinecures and top posts in the public service. He blatantly undermined the CC and even sought to make the judiciary bend to his will, but in vain. No surprise that he came a poor third in the 2024 presidential race.

Are we to conclude that some of his predecessors’ sordid practices have rubbed off on President Dissanayake?

Politicians intoxicated with power cannot bring themselves to stomach defeat, and therefore the government will do everything in its power to have an NPP loyalist appointed as the Auditor General to ensure that its interests will be served in state audits. They know more than one way to shoe a horse or skin a cat. Hence the need for robust constitutional safeguards to prevent governments from undermining the CC process to achieve their political ends.

The CC deserves praise for having intrepidly torpedoed President Dissanayake’s move to appoint a fellow university alumnus as the Auditor General. Such bold decisions will go a long way towards safeguarding the integrity of the key institution tasked with depoliticising the public service. However, the CC has not stipulated selection criteria for the nominees for the high posts. If they had been in place, President Dissanayake or his predecessors would not have been able to nominate their cronies for the top positions in the state institutions, according to their whims and fancies. The CC stands accused of either rejecting or endorsing nominees in an ad hoc manner. Parliament and the CC must take up this issue and introduce selection criteria so that not even a government capable of mustering a majority in the CC will be able to have officials appointed to top posts on the basis of their political affiliations.

The NPP is rapidly forfeiting its good governance credentials. Out of its sheer desperation to seize control of the hung local councils, it has unashamedly opted for a political honeymoon with the very councillors it condemned as crooks before the 06 May local government elections. In power politics, expediency takes precedence over scruples. Horse-trading over the hung local councils as well as the President’s attempt to elevate a crony to the post of Auditor General has proved that the current dispensation is not capable of resisting the corrupting influence of power. It’s the NPP government’s moment of shame or lajja!

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