Connect with us

Features

Are we slashing the nose to spite the face?

Published

on

Amending 19th Amendment

By Austin Fernando (Former Secretary to the President)

Recently, the Cabinet of Ministers decided to amend/repeal (?) the 19th Amendment to the Constitution (hereinafter referred to as 19). The media divulged that the government would retain positive features of the 19 and remove the unwanted. Concurrently, to identify and recommend these a Committee of five was appointed

 

Background of 19

The 19 has a chronological evolution. For conceptual value, let us review one aspect – the public service. The 1947 Constitution enabled an independent Public Service Commission (PSC) for them.

In 1972, the Sirima Bandaranaike government placed the public service under a PSC but brought in the Cabinet control for operationalizing. Through the 1978 Constitution, the JR Jayewardene government also placed public servants under the control of the Cabinet. These were acts of continuous politicization.

The Chandrika Kumaratunga government, by the 17th Amendment (Article 54), depoliticized the public service and other democratic aspects by the appointment of a PSC nominated by a Constitutional Council (CC), consisting of politicians and civilians. Seven similar institutions (e.g., the Election Commission, National Police Commission) also were legislated on-demand.

The Mahinda Rajapaksa government passed the 18th Amendment to establish a government-biased “Parliamentary Council” (PC). The President snatched the depoliticization efforts under the 17th Amendment through Commissions.

By 2014, there were criticisms and deep dissatisfaction with politicization created by the actions of all political parties. This dissatisfaction created revitalized pressure for depoliticization. Ultimately, Mr. Maithripala Sirisena sought a mandate for the presidency on the depoliticization slogan. The 19 was the consequence. It is acknowledged that the passage of 19 would have inevitably failed, sans interventions of President Sirisena.

 

Are our politicians sticks in the mud?

The responses of parliamentarians for depoliticization, in general, had been ridiculous. They supported depoliticization by President Kumaratunga (17A); supported politicization (18A) of President Mahinda Rajapaksa. They helped depoliticization (19A) by President Sirisena. Parliamentarians will sponsor the 20th Amendment to empower President Gotabaya Rajapaksa. Strengthening the hands of the already empowered seems a hobby of Parliamentarians!

Political reactions created humour when a Minister recently declared that support for 19A was due to a promise made to change the electoral system, which of course, is a sheer necessity. Humorously and unfortunately, politicians who agree to change the Constitution on verbal agreements are elected to Parliament.

The clamor reinstatement of powers removed by 19

There is heavy orchestration that security and development would collapse with 19A. From 1978 to 2009, Sinhala and Tamil youth, especially in the North and East, revolted and thousands of innocents were killed or made to disappear, and suspects were killed in Police cells when Executive powers revoked by the 19A were with incumbent Presidents. The Executive powers were inevitably linked to the onset of conflicts. Therefore, it is a wiser step to find alternative solutions for enhancing human security than to demand the return of powers withdrawn by 19.

The same applies to development. Investment attraction during the tenure of President Jayewardene and infrastructural development during President Mahinda Rajapaksa’s (although both face criticisms) were positive moments before the 19th Amendment removed powers. Despite these powers being intact, some Presidents did not undertake such compelling development. I will not mention names to protect their dignity. Thus, one may argue that development isn’t constitution-centric but leader-centric.

There are shortcomings in the 19A since it is a human product. Before the General Election, President Sirisena said that 19A had good aspects, but its flaws should be rectified. He singled out some drawbacks but did not suggest a Deputy Premier post in the 20th Amendment. But it is rumored so.

Meantime, some like Minister Wimal Weerawansa and parliamentarian Gevindu Kumaratunga, who wished immediate abolishing of 19A during the election campaign, now demand a new Constitution instead of patchworking 19 (e. g., dual citizenship issue). It is unknown why this change of heart. Guess is yours!

The President has made a firm statement on the 20th Amendment in his Throne Speech. Therefore, President Sirisena may have to support the abolishing of 19A. In politics, sacrificing principles for partisanship, hollow promises, and tribal branding are acceptable!

The significant changes in 19A are categorized under, change in the qualifications for presidency and powers of the President, enhancement of the capabilities of the Legislature (= Prime Minister), empowerment of Commissions by the Legislature, and the Right to Information.

 

Changing powers of the President

It is already stated that Articles 30 (2) and 31 (2) of 19, related to the five-year term of office of the President and the two terms in office and the Right to Information Act, would not be amended.

But the government would need the power to dissolve the Parliament without parliamentary consent or completing the four and half years mentioned in 70(1). While President Jayewadene has taught lessons on using alternative powers (i.e., Referendum) not to dissolve, the present government authorities otherwise learned negative lessons in October 2018.

Also, dual citizens are no longer allowed to be Parliamentarians. [Article 91 (d) (xiii)]. Critics who protest dual citizen Arjuna Mahendran appointed as Governor of the Central Bank do not mind a dual citizen becoming a parliamentarian, Minister, Prime Minister or President. Those who support Minister Namal Rajapaksa’s presidential aspirations (if any) seem not to understand that the change of dual citizenship could jeopardize this aspiration by introducing a competitor. Is the demand by some for a brandnew Constitution instead of amending 19 a response for this potential jeopardy?

When queried on these changes, Ministers GL Peiris and Wimal Weerawansa said that constitutional changes should not be person-centric. Based on Minister Peiris referring to Basil and Namal Rajapaksas by name, if the contention is that 19A was person-centric and has disadvantaged selected persons, then the 20th Amendment raises the question of awarding person-centric advantages to another.

 

Presidential and National Security

Under Article 43 (2) of 19, the Minister of Defense must be appointed from among the Members of Parliament. It is so in other countries that have more significant defence risks (e.g., India). Now the societal belief is that the President is the Minister of Defence. If true, the President has illegally “snatched” the subject of defence. Nevertheless, I passionately believe that the security function should constitutionally remain with the President.

I take this stance on constitutional grounds, quite impersonally. Article 4 (b) of our Constitution stipulates that the “executive power of the people, including the defence of Sri Lanka,” must be exercised by the President. The term defence’ is a specially chosen here. The President has the power and duty to “declare war and peace” [Article 33 (2) (g)]. The appointment of Military Commanders and the Police Chief is a presidential power (Article 61E), and, under Article 33A, the President is accountable to the Parliament on laws applicable to public security. Accountability to Parliament is about the President’s “own” powers, and not of another Defence Minister. The Ministry of Defence/relevant institutions must be under him to fulfil these functions.

When the President is held accountable for the duties performed by another Defence Minister, he is subjected to moral injustice, and the presidency is demeaned. The security/defence of the country is a constitutional responsibility of the President, and the 19th Amendment should be amended to strengthen his hands on defence and security. Technically “snatching security/defence” as purportedly done now is unacceptable. Also, he should not snatch other ministries on this basis, although he may prefer.

 

Increasing powers of the Legislature and PM

Sovereignty is “exercised and enjoyed” by the tripod Executive, the Legislature, and the Judiciary under Articles 4 (a), (b), and (c) of our Constitution. But what is heard, seen, and said now insinuates that all three functions should be left to the Executive. It seems to be the government’s political stance. It is not constitutional and decimates democracy.

When the Legislature is considered, the power of the President is weakened in several ways. Examples include the appointment of Ministers [(43(2)], non-Cabinet Ministers [[44(1)] ‘on the advice’ of the Prime Minister [43(2)] and remove any one of them on prime ministerial advice [Article 46 (3)(a)]. The power to remove the Prime Minister or any Minister was with the President [47(a)] in the 1978 Constitution.

The number of Ministers is decided by Article 46(1)(a) and (b). With 145 parliamentarians supporting the government President may opt to reward more portfolios and will require amending it.

Article 44(2) of the 1978 Constitution permits any subject or function unassigned to a Minister to be left with the President. This power was removed by 19, and the 20th Amendment may return this power to the President.

The sudden removal of the Prime Minister (as President Kumaratunga did in 2004 and President Sirisena in October 2018) [70(1)(a) of 1978 Constitutionn] is prohibited now. Such restriction is necessary for the stability of the Legislature and the country. Still, I think the 20th Amendment can be used to prevent the judiciary from rejecting such courses of action.

In this connection, the dissolution of the Cabinet and removal of the Prime Minister were issues. During the October 2018 constitutional crisis, it was argued that the President had this power over Article 48 (1) of the Constitution (Sinhala version), which is not in the English version. The judiciary rejected this. Any President will inevitably rush to regain that decisive power.

However, the extent to which these perfections are democratic is most questionable.

 

Duties of the CC

The CC plays a leading role in depoliticization in 19A. After abolishing 19A, the alternative to the CC could be the passage of an instrument closest to the 18th Amendment. Further provisions can be added as appropriate to concentrate power in the Executive. The 17th and 19th Amendments proposed a CC (including Members of Parliament and civilians). The 18th Amendment appointed a “Parliamentary Council” (PC) consisting of only Members of Parliament. It was total politicization. Although the PC could make nominations to the Commissions and Scheduled Offices in the 18, the President was allowed constitutionally to overrule them. The 19A allowed these appointments to be made only on recommendations of the CC [Article (41B (1)]. If the President did not appoint them within two weeks, they were considered “as deemed to have been appointed.” [Article [41B (4)] It prevented the President’s ‘monopoly’ of appointing. The President would like to use the 20th Amendment to remove these strictures on him.

Appointments under the 19A were mostly acceptable. The best evidence of the independence of the CC was observed when it (inclusive of Opposition membership) rejected two nominations made by President Sirisena to the Supreme Court and the Court of Appeal. On a handful of occasions when the President did not agree to appoint some of the nominees to Commissions, they were successfully reconciled through dialogue. The CC should not be the cat’s paw of the President; nor should the CC be a dictator. Amendments to 19A for efficient and transparent operationalization of the CC could be undertaken now. But what the government needs is to win, at all costs, because of its two-thirds majority!

Critics of the CC highlight the failure to appoint a Police Chief and the conduct of a Member of the Election Commission. To correct these, they demand abolishing the Commissions! The former, I believe, is a result of public service disciplinary procedures that cannot be ignored by the National Police Commission. Critics could have sought legal redress if Article 41A (8) of the Constitution was insufficient to discipline this Member. Providing in 20th Amendment remedies for such will be more effective than crushing the CC. One should not slash the nose to spite the face!

Another complaint is that even the President cannot appoint a judge. The reason may be the failure of President Sirisena to appoint two persons nominated by him to the judiciary. There were Opposition members in the CC when those decisions were made. Yet, they do not accept these reasonable decisions. These are victories for democracy. Also, they are silent that the CC also considers Chief Justice’s recommendations.

If the monopoly on appointing judges is given to the President, there will be no space for objections in the CC. The President is a ‘political product.’ He is a human being. Therefore, the President can appoint his supporters to higher judicial posts from his professional organizations if he so wishes. The President must respect Lord Chief Justice Hewart’s maxim that justice should not only be done but should be seen to have been done.

Of course, one can criticise the CC for some questionable appointments. Again without slashing the nose to spite the face, the 20th Amendment could propose cleaner operational guidelines. In a country where judicial appointments were made (though rarely) based on personal consideration before the 19A, these critics should value the CC machinery as superior to pure presidential whim and fancy.

 

Information law and action

Some question whether the Right to Information Act is adequately implemented due to deliberated delays by the authorities. Although this is not changed, it is appropriate to strengthen operations through the 20th Amendment. I note that not only the RTI Act but also other Commissions may require similar legal changes.

 

The value of caution

It is not surprising that a two-thirds majority or a government capable of manipulating that superpower would somehow pursue achieving its goals. Everyone who came to power thought that power was eternal, though it is impermanent. It is also not surprising seeing leadership that utilized the 18th Amendment attempting to regain lost powers. Even the present Opposition may pray for rejuvenation of powers of the 1978 Constitution; because politicians are greedy for power. Therefore, it is not surprising that they are also fluid about 20A.

But it should be kept in mind that if a constitution that cannot be amended again without a 2/3 majority is promulgated today, it could endanger the constitutional complexity another day. The vision and aspirations of the incumbent President may be pure. He may not be entertaining dictatorial goals, as alleged. But we must not be blind, that one day someone like Robert Mugabe or Idi Amin will not emerge. Therefore, it would be better to fertilize democracy without cutting the nose to spite the face when dealing with 19A.



Continue Reading
Click to comment

Leave a Reply

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

Features

US-CHINA RIVALRY: Maintaining Sri Lanka’s autonomy

Published

on

During a discussion at the Regional Center for Strategic Studies (RCSS) in Sri Lanka on 9 December, Dr. Neil DeVotta, Professor at Wake Forest University, North Carolina, USA commented on the “gravity of a geopolitical contest that has already reshaped global politics and will continue to mould the future. For Sri Lanka – positioned at the heart of the Indian Ocean, economically fragile, and diplomatically exposed- his analysis was neither distant nor abstract. It was a warning of the world taking shape around us” (Ceylon Today, December 14, 2025).

Sri Lanka is known for ignoring warnings as it did with the recent cyclone or security lapses in the past that resulted in terrorist attacks. Professor De Votta’s warning too would most likely be ignored considering the unshakable adherence to Non-Alignment held by past and present experts who have walked the halls of the Foreign Ministry, notwithstanding the global reshaping taking place around us almost daily. In contrast, Professor DeVotta “argued that nonalignment is largely a historical notion. Few countries today are truly non-aligned. Most States claiming neutrality are in practice economically or militarily dependent on one of the great powers. Sri Lanka provides a clear example while it pursues the rhetoric of non-alignment, its reliance on Chinese investments for infrastructure projects has effectively been aligned to Beijing. Non-alignment today is more about perceptions than reality. He stressed that smaller nations must carefully manage perceptions while negotiating real strategic dependencies to maintain flexibility in an increasingly polarised world.” (Ibid).

The latest twist to non-alignment is Balancing. Advocates of such policies are under the delusion that the parties who are being “Balanced” are not perceptive enough to realise that what is going on in reality is that they are being used. Furthermore, if as Professor DeVotta says, it is “more about perception than reality”, would not Balancing strain friendly relationships by its hypocrisy? Instead, the hope for a country like Sri Lanka whose significance of its Strategic Location outweighs its size and uniqueness, is to demonstrate by its acts and deeds that Sri Lanka is perceived globally as being Neutral without partiality to any major powers if it is to maintain its autonomy and ensure its security.

DECLARATION OF NEUTRALITY AS A POLICY

Neutrality as a Foreign Policy was first publicly announced by President Gotabaya Rajapaksa during his acceptance speech in the holy city of Anuradhapura and later during his inauguration of the 8th Parliament on January 3, 2020. Since then Sri Lanka’s Political Establishment has accepted Neutrality as its Foreign Policy judging from statements made by former President Ranil Wickremesinghe, Prime Minister Dinesh Gunawardena and Foreign Ministers up to the present when President Dissanayake declared during his maiden speech at the UN General Assembly and captured by the Head Line of Daily Mirror of October 1, 2025: “AKD’s neutral, not nonaligned, stance at UNGA”

The front page of the Daily FT (Oct.9, 2024) carries a report titled “Sri Lanka reaffirms neutral diplomacy” The report states: “The Cabinet Spokesman and Foreign Minister Vijitha Herath yesterday assured that Sri Lanka maintains balanced diplomatic relations with all countries, reaffirming its policy of friends of all and enemy of none”. Quoting the Foreign Minister, the report states: “There is no favouritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba, or Vietnam. We have no bias in our approach, he said…”

NEUTRALITY in OPERATION

“Those who are unaware of the full scope and dynamics of the Foreign Policy of Neutrality perceive it as being too weak and lacking in substance to serve the interests of Sri Lanka. In contrast, those who are ardent advocates of Non-Alignment do not realize that its concepts are a collection of principles formulated and adopted only by a group of like-minded States to meet perceived challenges in the context of a bi-polar world. In the absence of such a world order the principles formulated have lost their relevance” (https://island.lk/relevance-of-a neutral-foreign-policy).

“On the other hand, ICRC Publication on Neutrality is recognized Internationally “The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977 (June 2022)” (Ibid).

“A few Key issues addressed in this Publication are: “THE PRINCIPLE OF INVOILABILITY of a Neutral State and THE DUTIES OF NEUTRAL STATES.

“In the process of reaffirming the concept of Neutrality, Foreign Minister Vijitha Herath stated that the Policy of Neutrality would operate in practice in the following manner: “There is no favoritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba or Vietnam. We have no bias in our approach” (The Daily FT, Oct, 9, 2024).

“Essential features of Neutrality, such as inviolability of territory and to be free of the hegemony of power blocks were conveyed by former Foreign Minister Ali Sabry at a forum in Singapore when he stated: “We have always been clear that we are not interested in being an ally of any of these camps. We will be an independent country and work with everyone, but there are conditions. Our land and sea will not be used to threaten anyone else’s security concerns. We will not allow military bases to be built here. We will not be a pawn in their game. We do not want geopolitical games playing out in our neighbourhood, and affecting us. We are very interested in de-escalating tensions. What we could do is have strategic autonomy, negotiate with everyone as sovereign equals, strategically use completion to our advantage” (the daily morning, July 17, 2024)

In addition to the concepts and expectations of a Neutral State cited above, “the Principle of Inviolability of territory and formal position taken by a State as an integral part of ‘Principles and Duties of a Neutral State’ which is not participating in an armed conflict or which does not want to become involved” enabled Sri Lanka not to get involved in the recent Military exchanges between India and Pakistan.

However, there is a strong possibility for the US–China Rivalry to manifest itself engulfing India as well regarding resources in Sri Lanka’s Exclusive Economic Zone. While China has already made attempts to conduct research activities in and around Sri Lanka, objections raised by India have caused Sri Lanka to adopt measures to curtail Chinese activities presumably for the present. The report that the US and India are interested in conducting hydrographic surveys is bound to revive Chinese interests. In the light of such developments it is best that Sri Lanka conveys well in advance that its Policy of Neutrality requires Sri Lanka to prevent Exploration or Exploitation within its Exclusive Economic Zone under the principle of the Inviolability of territory by any country.

Another sphere where Sri Lanka’s Policy of Neutrality would be compromised is associated with Infrastructure Development. Such developments are invariably associated with unsolicited offers such as the reported $3.5 Billion offer for a 200,000 Barrels a day Refinery at Hambantota. Such a Project would fortify its presence at Hambantota as part of its Belt and Road Initiative. Such offers if entertained would prompt other Global Powers to submit similar proposals for other locations. Permitting such developments on grounds of “Balancing” would encourage rivalry and seriously threaten Sri Lanka’s independence to exercise its autonomy over its national interests.

What Sri Lanka should explore instead, is to adopt a fresh approach to develop the Infrastructure it needs. This is to first identify the Infrastructure projects it needs, then formulate its broad scope and then call for Expressions of Interest globally and Finance it with Part of the Remittances that Sri Lanka receives annually from its own citizens. In fact, considering the unabated debt that Sri Lanka is in, it is time that Sri Lanka sets up a Development Fund specifically to implement Infrastructure Projects by syphoning part of the Foreign Remittances it receives annually from its citizens . Such an approach means that it would enable Sri Lanka to exercise its autonomy free of debt.

CONCLUSION

The adherents of Non-Alignment as Sri Lanka’s Foreign Policy would not have been pleased to hear Dr. DeVotta argue that “non-alignment is largely a historical notion” during his presentation at the Regional Center for Strategic Studies in Colombo. What is encouraging though is that, despite such “historical notions”, the political establishment, starting with President Gotabaya Rajapaksa and other Presidents, Prime Ministers and Ministers of Foreign Affairs extending up to President AKD at the UNGA and Foreign Affairs Minister, Vijitha Herath, have accepted and endorsed neutrality as its foreign policy. However, this lack of congruence between the experts, some of whom are associated with Government institutions, and the Political Establishment, is detrimental to Sri Lanka’s interests.

If as Professor DeVotta warns, the future Global Order would be fashioned by US – China Rivalry, Sri Lanka has to prepare itself if it is not to become a victim of this escalating Rivalry. Since this Rivalry would engulf India a well when it comes to Sri Lanka’s Exclusive Economic Zone (EEC), Sri Lanka should declare well in advance that no Exploration or Exploitation would be permitted within its EEC on the principle of inviolability of territory under provisions of Neutrality and the UN adoption of the Indian Ocean as a Zone of Peace.

As a measure of preparedness serious consideration should be given to the recommendation cited above which is to set up a development fund by allocating part of the annual dollar remittances to finance Sri Lanka’s development without depending on foreign direct investments, export-driven strategies or the need to be flexible to negotiate dependencies; A strategy that is in keeping with Sri Lanka’s civilisational values of self-reliance. Judging from the unprecedented devastation recently experienced by Sri Lanka due to lack of preparedness and unheeded warnings, the lesson for the political establishment is to rely on the wisdom and relevance of Self-Reliance to equip Sri Lanka to face the consequences of the US–China rivalry.

by Neville Ladduwahetty ✍️

Continue Reading

Features

1132nd RO Water purification plant opened at Mahinda MV, Kauduluwewa

Published

on

Sponsors (senior management from M/S Perera and Sons), Principal and SLN officials at Opening of RO Plant

A project sponsored by Perera and Sons (P&S) Company and built by Sri Lanka Navy

Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan

When the 1132nd RO plant built by the Navy with funds generously provided by M/S Perera and Sons, Sri Lanka’s iconic, century-old bakery and food service chain, established in 1902, known for its network of outlets, numbering 235, in Sri Lanka. This company, established in 1902 by Philanthropist K. A. Charles Perera, well known for their efforts to help the needy and humble people. Helping people gain access to drinking water is a project launched with the help of this esteemed company.

The opening of an RO plant

The Chronic Kidney Disease (CKD) started spreading like a wildfire mainly in North Central, North Western and Eastern provinces. Medical experts are of the view that the main cause of the disease is the use of unsafe water for drinking and cooking. The map shows how the CKD is spreading in Sri Lanka.

School where 1132nd RO plants established by SLN

In 2015, when I was the Commander of the Navy, with our Research and Development Unit of SLN led by a brilliant Marine Engineer who with his expertise and innovative skills brought LTTE Sea Tigers Wing to their knees. The famous remote-controlled explosive-laden Arrow boats to fight LTTE SEA TIGER SUCIDE BOATS menace was his innovation!). Then Captain MCP Dissanayake (2015), came up with the idea of manufacturing low- cost Reverse Osmosis Water Purification Plants. The SLN Research and development team manufactured those plants at a cost of one-tenth of an imported plant.

The writer with his PSO’s daughter

Gaurawa Sasthrawedi Panditha Venerable Devahuwe Wimaladhamma TheroP/Saraswathi Devi Primary School, Ashokarama Maha Viharaya, Navanagara, Medirigiriya

The Navy established FIRST such plant at Kadawatha-Rambawa in Madawachiya Divisional Secretariat area, where the CKD patients were the highest. The Plant was opened on 09 December 2015, on the 65th Anniversary of SLN. It was an extremely proud achievement by SLN

Areas where the RO plants are located

First, the plants were sponsored by officers and sailors of the Sri Lanka Navy, from a Social Responsibility Fund established, with officers and sailors contributing Rs 30 each from their salaries every month. This money Rs 30 X 50,000 Naval personnel provided us sufficient funds to build one plant every month.

Observing great work done by SLN, then President Maithripala Sirisena established a Presidential Task Force on eradicating CKD and funding was no issue to the SLN. We developed a factory line at our R and D unit at Welisara and established RO plants at double-quick time. Various companies/ organisations and individuals also funded the project. Project has been on for the last ten years under six Navy Commanders after me, namely Admiral Travis Sinniah, Admiral Sirimevan Ranasinghe, Admiral Piyal de Silva, Admiral Nishantha Ulugetenna, Admiral Priyantha Perera and present Navy Commander Vice Admiral Kanchana Banagoda.

Each plant is capable of producing up to 10,000 litres of clean drinking water a day. This means a staggering 11.32 million litres of clean drinking water every day!

The map indicates the locations of these 1132 plants.

Well done, Navy!

On the occasion of its 75th Anniversary celebrations, which fell on 09 December 2025, the Navy received the biggest honour. Venerable Thero (Venerable Dewahuwe Wimalarathana Thero, Principal of Saraswathi Devi Primary Pirivena in Medirigiriya) who delivered the sermons during opening of 1132nd RO plant, said, “Ten years ago, out of 100 funerals I attended; more than 80 were of those who died of CKD! Today, thanks to the RO plants established by the Navy, including one at my temple also, hardly any death happens in our village due to CKD! Could there be a greater honour?

Continue Reading

Features

Poltergeist of Universities Act

Published

on

The Universities Act is back in the news – this time with the present government’s attempt to reform it through a proposed amendment (November 2025) presented by the Minister of Education, Higher Education and Vocational Education, Harini Amarasuriya, who herself is a former academic and trade unionist. The first reading of the proposed amendment has already taken place with little debate and without much attention either from the public or the university community. By all counts, the parliament and powers across political divisions seem nonchalant about the relative silence in which this amendment is making its way through the process, indicative of how low higher education has fallen among its stakeholders.

The Universities Act No. 16 of 1978 under which Sri Lankan universities are managed has generated debate, though not always loud, ever since its empowerment. Increasing politicisation of decision making in and about universities due to the deterioration of the conduct of the University Grants Commission (UGC) has been a central concern of those within the university system and without. This politicisation has been particularly acute in recent decades either as a direct result of some of the provisions in the Universities Act or the problematic interpretation of these. There has never been any doubt that the Act needs serious reform – if not a complete overhaul – to make universities more open, reflective, and productive spaces while also becoming the conscience of the nation rather than timid wastelands typified by the state of some universities and some programs.

But given the Minister’s background in what is often called progressive politics in Sri Lanka, why are many colleagues in the university system, including her own former colleagues and friends, so agitated by the present proposed amendment? The anxiety expressed by academics stem from two sources. The first concern is the presentation of the proposed amendment to parliament with no prior consultative process with academics or representative bodies on its content, and the possible urgency with which it will get pushed through parliament (if a second reading takes place as per the regular procedure) in the midst of a national crisis. The second is the content itself.

Appointment of Deans

Let me take the second point first. When it comes to the selection of deans, the existing Act states that a dean will be selected from among a faculty’s own who are heads of department. The provision was crafted this way based on the logic that a serving head of department would have administrative experience and connections that would help run a faculty in an efficient manner. Irrespective of how this worked in practice, the idea behind has merit.

By contrast, the proposed amendment suggests that a dean will be elected by the faculty from among its senior professors, professors, associate professors and senior lecturers (Grade I). In other words, a person no longer needs to be a head of department to be considered for election as a dean. While in a sense, this marks a more democratised approach to the selection, it also allows people lacking in experience to be elected by manoeuvring the electoral process within faculties.

In the existing Act, this appointment is made by the vice chancellor once a dean is elected by a given faculty. In the proposed amendment, this responsibility will shift to the university’s governing council. In the existing Act, if a dean is indisposed for a number of reasons, the vice chancellor can appoint an existing head of department to act for the necessary period of time, following on the logic outlined earlier. The new amendment would empower the vice chancellor to appoint another senior professor, professor, associate professor or senior lecturer (Grade I) from the concerned faculty in an acting capacity. Again, this appears to be a positive development.

Appointing Heads of Department

Under the current Act heads of department have been appointed from among professors, associate professors, senior lecturers or lecturers appointed by the Council upon the recommendation of the vice chancellor. The proposed amendment states the head of department should be a senior professor appointed by the Council upon the recommendation of the vice chancellor, and in the absence of a senior professor, other members of the department are to be considered. In the proposed scheme, a head of department can be removed by the Council. According to the existing Act, an acting head of department appointment can be made by the vice chancellor, while the proposed amendment shifts this responsibility to the Council, based upon the recommendation of the vice chancellor.

The amendment further states that no person should be appointed as the head of the same department for more than one term unless all other eligible people have already completed their responsibilities as heads of department. This is actually a positive development given that some individuals have managed to hang on to the head of department post for years, thereby depriving opportunities to other competent colleagues to serve in the post.

Process of amending the Universities Act

The question is, if some of the contents of the proposed amendment are positive developments, as they appear to be, why are academics anxious about its passing in parliament? This brings me to my first point, that is the way in which this amendment is being rushed through by the government. This has been clearly articulated by the Arts Faculty Teachers Association of University of Colombo. In a letter to the Minister of Education dated 9 December 2025, the Association makes two points, which have merit. First, “the bill has been drafted and tabled in Parliament for first reading without a consultative process with academics in state universities, who are this bill’s main stakeholders. We note that while the academic community may agree with its contents, the process is flawed because it is undemocratic and not transparent. There has not been adequate time for deliberation and discussion of details that may make the amendment stronger, especially in the face of the disaster situation of the country.”

Second, “AFTA’s membership also questions the urgency with which the bill is tabled in Parliament, and the subsequent unethical conduct of the UGC in requesting the postponement of dean selections and heads of department appointments in state universities in expectation of the bill’s passing in Parliament.”

These are serious concerns. No one would question the fact that the Universities Act needs to be amended. However, this must necessarily be based on a comprehensive review process. The haste to change only sections pertaining to the selection of deans and heads of department is strange, to say the least, and that too in the midst of dealing with the worst natural calamity the country has faced in living memory. To compound matters, the process also has been fast-tracked thereby compromising on the time made available to academics to make their views be known.

Similarly, the issuing of a letter by the UGC freezing all appointments of deans and heads of department, even though elections and other formalities have been carried out, is a telling instance of the government’s problematic haste and patently undemocratic process. Notably, this action comes from a government whose members, including the Education Minister herself, have stood steadfastly for sensible university reforms, before coming to power. The present process is manoeuvred in such a manner, that the proposed amendment would soon become law in the way the government requires, including all future appointments being made under this new law. Hence, the attempt to halt appointments, which were already in the pipeline, in the interim period.

It is evident that rather than undertake serious university sector reforms, the government is aiming to control universities and thereby their further politicization amenable to the present dispensation. The ostensible democratis0…..ation of the qualified pool of applicants for deanships opens up the possibilities for people lacking experience, but are proximate to the present powers that be, to hold influential positions within the university. The transfer of appointing powers to the Councils indicates the same trend. After all, Councils are partly made up of outsiders to the university, and such individuals, without exception, are political appointees. The likelihood of them adhering to the interests of the government would be very similar to the manner in which some vice chancellors appointed by the President of the country feel obligated to act.

All things considered, particularly the rushed and non-transparent process adopted thus far by the government does not show sincerity towards genuine and much needed university sector reforms. By contrast, it shows a crude intent to control universities at any cost. It is extremely regrettable that the universities in general have not taken a more proactive and principled position towards the content and the process of the proposed amendment. As I have said many times before, whatever ills that have befallen universities so far is the disastrous fallout of compromises of those within made for personal gain and greed, or the abject silence and disinterest of those within. These culprits have abandoned broader institutional development. This appears to be yet another instance of that sad process.

In this context, I have admiration for my former colleagues in the Faculty of Arts at the University of Colombo for having the ethical courage to indicate clearly the fault lines of the proposed amendment and the problems of its process. What they have asked is a postponement of the process giving them time to engage. In this context, it is indeed disappointing to see the needlessly conciliatory tone of the letter to the Education Minister by the Federation of University Teachers Association dated December 5, 2025, which sends the wrong signal.

If this government still believes it is a people’s government, the least it can do is give these academics time to engage with the proposed amendment. After all, many within the academic community helped bring the government to power. If not and if this amendment is rushed through parliament in needless haste, it will create a precedent that signals the way in which the government intends to do business in the future, abusing its parliamentary majority and denting its credibility for good.

Continue Reading

Trending