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Editorial

A new Constitution?

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Friday 16th October, 2020

Some religious dignitaries have called upon the government to abandon its 20th Amendment (20A) project and introduce a new Constitution, instead. The present Constitution is seriously flawed; the 20A has stirred a controversy, and in its present form contains some questionable provisions. (We refrain from commenting on the observations and remedies prescribed in the Supreme Court determination, which has been leaked to the media, and wait until it is officially presented to Parliament to make known our views thereon.) The concerns of the prelates should be appreciated, but the promulgation of a new Constitution is beyond the realms of possibility, and the 19th Amendment (19A) has to be straightened up urgently.

The President must be able to hold the defence portfolio. The Constitution says, “The President shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers”, but prevents him/her from being a minister! This contradiction has resulted from the emasculation of the executive presidency, under the yahapalana government to strengthen the position of the then Prime Minister Ranil Wickremesinghe. Incumbent President Gotabaya Rajapaksa finds himself in a constitutional straitjacket. The main plank of his presidential election campaign was national security, which is also his long suit. He should be able to hold the defence portfolio, and 19A has to be amended for this purpose.

There are other flaws in 19A and the yahapalana leaders’ conduct aggravated and magnified them. The Constitutional Council (CC) was reduced to a mere appendage of the UNP-led government. When Pujith Jayasundera was appointed the IGP, we questioned the CC’s wisdom, arguing that SDIG S. M. Wickramasinghe was better suited for the job. Jayasundera has recently admitted before the Presidential Commission of Inquiry probing the Easter Sunday blasts that he was at his official residence, of all places, on the day of terrorist bombings although he had received intelligence about the impending attacks! The police under him did precious little to neutralise Zahran’s NTJ even after finding the main training facility of the terrorist outfit, in Puttalam. The independence of some civil society members in the CC was also in question; one of them has been receiving funds from some western powers including the US known for meddling with the internal affairs of this country. As for the vital appointments in the state sector, the government did as the CC said and the CC did as PM Wickremesinghe said. Wickremesinghe was the puppeteer, and the CC the puppet. But the proposed Parliamentary Council with the incumbent PM as the puppeteer is certainly not the answer.

The proponents of 20A argue that the people rejected 19A by defeating those who introduced it, at the last three elections. This argument is tenable. It can also be argued that people rejected the 18th Amendment (18A) by defeating those who had brought it in, at the presidential and parliamentary polls in 2015. Therefore, how can the incorporation into 20A provisions akin to those in 18A be justified?

The promulgation of a new Constitution is a will-o’-the-wisp. All attempts to repeal the 1978 Constitution have gone pear-shaped all these years mainly due to the issue of devolution of power. President Chandrika Kumaratunga’s draft Constitution fell through, in 2000, because she failed to secure the support of her rivals as well as some of her allies for what came to be dubbed the devolution package, which envisaged Regional Councils with more powers than the Provincial Councils (PCs). The yahapalana government also baulked at the question of devolution of power. Mountains, which had been in labour for about four years, finally delivered a stillborn mouse. The present dispensation consists of two schools of thought as regards devolution—one for the 13 Amendment, and the other against any form of devolution. The TNA and its foreign allies are demanding that more powers be devolved to the provinces; if their demand is granted there will be federalism in all but name.

The UNP, the SLFP/UPFA, the JVP and the TNA got together and postponed the PC polls indefinitely by enacting the Provincial Councils Elections (Amendment) Act of 2017 in the most deplorable manner and have thereby proved that the PCs are useless, albeit unwittingly. So, the incumbent government does not want to address the issue of devolution lest it should open up a Pandora’s Box of in the process although it pretends to be keen to write a new Constitution.

What the new government should have done was to rid the 19A of its flaws to give the President some constitutional leeway among other things. If it had taken that route, it may have been able to secure the passage of its constitutional amendment unanimously in Parliament, and concentrate on the economic front without shielding destroyers of forests, supporters of terror and other such political dregs in return for their votes in Parliament to maintain its two-thirds majority.



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Editorial

Executive brinkmanship

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Pressure is mounting on President Anura Kumara Dissanayake to ensure that an Auditor General is appointed without further delay. But he has remained unmoved. He is determined to wear down the Constitutional Council (CC) and appoint one of his party loyalists as Auditor General. The CC has rejected his nominees—and rightly so; they are not eligible. Former Executive Presidents went all out to railroad the CC into rubber-stamping their decisions. They had no qualms about doing so while claiming to uphold the independence of the public service. President Dissanayake has failed to be different. His refusal to compromise amounts to brinkmanship; he is waiting until the CC blinks.

The NPP’s election manifesto, A Thriving Nation: A Beautiful Life, attributes the deterioration of the public service to ‘political appointments’ and state workers making political decisions. Among the steps the NPP has promised to take to straighten up the public service are ‘merit-based appointments and promotions’. This principle has fallen by the wayside where the question of appointing the Auditor General is concerned.

The government should take cognisance of the possible negative effects of the prolonged delay in appointing the Auditor General during a period of disaster response and international relief and rebuilding support.

The Bar Association of Sri Lanka has called upon President Dissanayake to appoint a person with proven competence, integrity, and independence, who commands wide acceptance as Auditor General forthwith. It has stressed the need to appoint a nonpartisan professional as the Auditor General to safeguard the integrity of the National Audit Office and inspire the confidence of both citizens and international partners in the financial governance of the State.

Transparency International Sri Lanka, the Civil Society Organizations (CSOs) and the other good governance activists, too, have faulted President Dissanayake and his government for the inordinate delay in appointing the Auditor General. They are of the view that a strong, independent Auditor General enables Parliament and the public to scrutinise government expenditure, identify irregularities, prevent misuse of funds, and ensure that those entrusted with public resources are held to account. The delay in appointing the Auditor General has weakened the effectiveness, authority, and the independence of the entire public audit system and created space for inefficiency, mismanagement, and corruption, they have noted. The situation will take a turn for the worse if the government succeeds in having one of its cronies appointed Auditor General.

The government is apparently playing a waiting game in the hope that the reconstitution of the CC due next year will provide a window of opportunity for it to appoint one of its loyalists as Auditor General.

Why the government is so desperate to place a malleable person at the helm of the National Audit Office is not hard to understand. If it succeeds in its endeavour, the next Auditor General will be beholden to the JVP/NPP. When an ineligible person is elevated to a high post, he or she naturally becomes subservient to the appointing authority. Such officials go out of their way to safeguard the interests of their political masters in case of irregularities involving state funds and other accountability issues.

A protracted delay in appointing the Auditor General or the appointment of a government supporter to that post will increase the risk of mismanagement of state funds and corruption, lead to the erosion of public trust and confidence in the National Audit Office, undermine legislative oversight and impair fiscal discipline. Most of all, the government’s failure to appoint a competent, independent person of integrity as Auditor General will diminish donor confidence especially at a time when the country is seeking disaster relief funds from the international community. There is no way the government can justify its refusal to appoint the current Acting Auditor General as the head of the supreme audit institution. He is obviously the most eligible candidate.

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Editorial

Selective transparency

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Saturday 27th December, 2025

The NPP government has released a cordial diplomatic letter from Indian Prime Minister Narendra Modi to President Anura Kumara Dissanayake, and gained a great deal of publicity for it as part of a propaganda campaign to boost Dissanayake’s image. Such moves are not uncommon in politics, especially in the developing world, where the heads of powerful states are deified and their visits, invitations and letters are flaunted as achievements of the leaders of smaller nations. However, the release of PM Modi’s letter to President Dissanayake is counterproductive, for it makes one wonder why the government has not made public the MoUs it has signed with India?

PM Modi’s Sri Lanka visit in April 2025 saw the signing of seven MoUs (or pacts as claimed in some quarters) between New Delhi and Colombo. Prominent among them are the MoUs/pacts on the implementation of HVDC (High-Voltage Direct Current) Interconnection for import/export of power, cooperation among the governments of India, Sri Lanka, and the United Arab Emirates on developing Trincomalee as an energy hub, and defence cooperation between India and Sri Lanka.

The NPP government has violated one of the fundamental tenets of good governance––transparency; there has been no transparency about the aforesaid MoUs or pacts, especially the one on defence cooperation. They cannot be disclosed without India’s consent, the government has said. This is a very lame excuse. The JVP/NPP seems to have a very low opinion of the intelligence of the public, who made its meteoric rise to power.

When the JVP/NPP was in opposition, it would flay the previous governments for signing vital MoUs and pacts without transparency. But it has kept even Parliament in the dark about the MoUs/pacts in question.

Ironically, the JVP, which resorted to mindless violence in a bid to scuttle the signing of the Indo-Lanka Accord in 1987, has sought to justify the inking of an MoU/pact on defence cooperation between Sri Lanka and India and keeping it under wraps, about three and a half decades later. The signing of that particular defence MoU/pact marked the JVP’s biggest-ever Machiavellian U-turn. How would the JVP have reacted if a previous government had entered into MoUs with India and kept them secret? It opposed the proposed Economic and Technology Cooperation Agreement (ETCA) between Sri Lanka and India tooth and nail, didn’t it?

Whenever one sees the aforesaid letter doing the rounds in the digital space, one remembers the MoUs/pacts shrouded in secrecy, which have exposed the pusillanimity of the NPP government, whose leaders cannot so much as disclose their contents without India’s consent.

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Editorial

Desperate political sandbagging

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Friday 26th December, 2025

There is nothing more predictable than surprise in politics. After securing a two-thirds majority in Parliament last year and emerging victorious in most local councils, this year, the JVP-led NPP may have thought that it was plain sailing. But the government now has many unforeseen, seemingly intractable issues to contend with almost on all fronts. The disaster-stricken economy is expected to slow down, with relief and rebuilding costs escalating, and the deadline for the resumption of debt repayment approaching. Vehicle imports are bound to decrease, causing a sharp drop in the government’s tax revenue. The rupee is depreciating fast. As if these were not enough, the government is experiencing serious problems on the political front.

The defeat of the NPP’s budget in the Colombo Municipal Council (CMC), which the JVP/NPP seized control of through extensive horse trading, could not have come at a worse time for the government. The same fate has befallen many other NPP-controlled local councils. Most of all, the NPP has suffered a string of defeats in the cooperative society elections countrywide during the last several months.

Desperate times are said to call for desperate measures. Cyclone Ditwah and the attendant extreme weather events that badly damaged roads, tank bunds and river banks prompted repair teams to resort to sandbag revetment. But there have been many instances where sandbag facings collapsed, unable to withstand the intensity of floods and slope failures. The government politicians who boasted of having carried out swift restoration work have been left red-faced; they have failed to assess the severity of the problems they are trying to solve.

The NPP government has resorted to a method similar to sandbag revetment in a desperate bid to consolidate its control over some local councils which cannot secure the passage of their budgets for want of majorities. Its members have gone to the extent of setting the clock forward in such institutions, meeting in advance of the regular start time and declaring their budgets passed before the arrival of the Opposition councillors. What the NPP did in the Horana Urban Council the other day is a case in point, the Opposition says.

The NPP is accused of having inflated the number of votes for its Galle MC budget amidst a howl of protests from the Opposition and declared victory. The Opposition councillors prevented the council secretary from leaving the auditorium, put the budget to a fresh vote and defeated it. The Opposition has threatened legal action against the Mayors/Chairpersons and the state officials for violating the law. The government is likely to employ a similar method to have the CMC budget passed when it is put to a vote again next week. The JVP has no sense of shame, just like all other political parties that have been in power.

All self-righteous politicians, given to moral grandstanding, lay bare their true faces when their interests are threatened, and they face the prospect of losing their hold on power. The JVP/NPP is now without any right to be critical of its rivals who did not scruple to undermine democratic principles and traditions to retain power.

Gaining control of hung local councils is one thing, but running them to the satisfaction of their members and the public is quite another. The non-majority councils that the Opposition parties have gained control of could face the same fate as the CMC. This situation has come about because the country is without patriotic leaders. Ideally, the political parties that obtained pluralities in the hung councils should have been allowed to control those institutions, and they should have adopted a conciliatory approach and sought their political rivals’ cooperation to serve the public.

The shameful manner in which the NPP acted during the Galle MC budget vote is not unprecedented. One may recall that in January 2024, the SLPP-UNP government did something similar to secure the passage of its despicable Online Safety Bill. The then Speaker Mahinda Yapa Abeywardena stooped so low as to make use of a brawl in the House and declare the Bill passed. Interestingly, the SLPP and the UNP are among those who are raking the NPP over the coals for undermining democratic principles and traditions. So much for the self-proclaimed messiahs and their critics.

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