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Editorial

Bad Bills

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Thursday 24th February, 2022

The government finds itself in a quandary over its Special Goods and Services Tax Bill (SGSTB), which, the Supreme Court has said, contains sections inconsistent with the Constitution, and therefore will have to be approved by the people at a referendum in addition to being passed with a two-thirds majority in Parliament if it is to become law. Nothing could be a more worrisome proposition than a referendum to the government, which is suffering from what may be called ‘polls phobia’, which has caused it to postpone the local government elections.

Worse, the apex court has said it will be impracticable to suggest amendments to the SGSTB’s clauses inconsistent with the Constitution as they will fundamentally alter the basic nature and structure of the Bill and run counter to its declared objectives. The court has said that while exercising discretion conferred on it by the Constitution, it will refrain from determining the manner in which the Clauses 2, 3, 4, 5 and 9 (1) could be amended so as to alter such clauses to become consistent with the Constitution.

The SGSTB was aimed at empowering the Treasury to rake in the proposed new tax, and revise VAT at the expense of the powers of the Inland Revenue Department, whose workers took to the streets in protest. It will be interesting to see how the government seeks to achieve its objective.

The aforesaid Supreme Court determination is tantamount to an indictment of the Attorney General’s Department, which is reported to have cleared the Bill. How come such a bad Bill found its way into Parliament? It looks as if someone had been in a mighty hurry to have it drafted in a bid to rush it through the House in double quick time. Hence the need for all issues that lead to disagreements on Bills in Parliament to be referred to the Supreme Court. There is no substitute for judicial scrutiny of such matters. Unfortunately, there are instances where this golden rule is not followed.

When the Provincial Council Elections (Amendment) Bill was presented to Parliament, in 2017, the then Joint Opposition (the rebel group of the UPFA) insisted that it had to be approved by the Provincial Councils as well, but the then Speaker Karu Jayasuriya claimed he had consulted the Attorney General, and the latter had said there was no such need. Several questionable sections incorporated into the Bill at the committee stage before being ratified, enabled the yahapalana government, which feared elections, just like the present dispensation, to postpone the PC polls indefinitely. The JVP and the TNA unflinchingly voted for the Bill!

We reported the other day that TNA leader S. Sampanthan had sought Indian Prime Minister Narendra Modi’s intervention to have the provincial council elections held. Now, he wants Modi to clean up the mess the TNA collaborated with the yahapalana government to create!

Many are the instances where the Attorneys General have given the wrong advice to governments. In a country like Sri Lanka, where unauthorised sections are smuggled into Bills even after their ratification, the need for a constitutional provision to enable the post-enactment judicial review of legislation cannot be overemphasised. The questionable provision for the appointment of defeated candidates to Parliament via the National List may serve as an example. The Bill that was passed by Parliament in respect of the National List in 1989, was altered after its ratification, and what the Speaker signed into law contained a provision for bringing in defeated candidates to Parliament through the backdoor as National List MPs. This illegal provision would not have become a fait accompli if the judiciary had been empowered to review laws passed by Parliament.



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Editorial

Rupee’s tumble

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Friday 22nd May, 2026

The depreciation of the rupee continues, and the government is accused of making only half-hearted attempts to arrest it. The UNP has said the country is facing a very serious issue due to the uncontrolled tumble of the rupee, and during the 20 months since the current administration assumed office, the exchange rate has moved from around Rs. 292 at the time former President Ranil Wickremesinghe handed over office to around Rs. 354 against the US dollar. It has attributed the current situation to the JVP-NPP government’s failure to continue economic policies introduced by the previous administration and pointed to what it describes as a lack of a clear economic plan and failure to strengthen foreign reserves. According to the UNP, these factors have contributed to the rising value of the US dollar. The SLPP-UNP government was lucky that it did not face a global oil price hike and increasing shipping costs.

However, the Joint Apparel Association Forum (JAAF) has argued that the depreciation of the Sri Lankan rupee should be examined in the context of global pressures, such as increasing world oil prices and shipping costs. The rupee depreciation should not be interpreted as a sign that Sri Lanka’s economy is underperforming, JAAF has said. It has been pointed out that the Sri Lankan rupee has depreciated by 4.8% against the US dollar, the Indian rupee by 6.4%, the Nepalese rupee by 6.2% and the Indonesian rupiah by 5.2%.

The JAAF statement reflects the global economic reality, but Sri Lanka’s situation is more serious than that in many other countries. Sri Lanka is still recovering from an economic crisis. The government will have to go beyond imposing a 50% customs duty surcharge on vehicle imports to curtail the forex outflow, strengthen the rupee and shore up foreign currency reserves.

President Anura Kumara Dissanayake has urged the public to cut down on fuel consumption and help boost the country’s foreign currency reserves and arrest the rapid depreciation of the rupee. But they have already cut down on fuel consumption due to soaring oil prices.

President Dissanayake has claimed that a litre of diesel costs as much a Rs. 720, and a government subsidy on diesel amounts to Rs. 100 a litre. If a litre of diesel costs Rs. 720, as the President claims, are the private fuel retailers incurring huge losses by selling diesel at the current price (Rs. 392 a litre)? Is the Ceylon Petroleum Corporation overpaying for fuel? The increasing national fuel bill and the country’s forex woes cannot be blamed on the fallout from the West Asia crisis alone. True, the Iran conflict and the closure of the Hormuz chokepoint have driven the world oil prices up. However, the huge rise in Sri Lanka’s fuel bill from USD 98 million in February to a projected USD 522 million in May, as the President says, is also due to a massive increase in the use of diesel, etc., to operate the oil-fired power plants to compensate for the generation loss caused by substandard coal at the Norochcholai power complex.

With the government struggling to maintain an uninterrupted power supply by burning costly diesel, scheduled power cuts may not be far away. The Opposition has told Parliament that unofficial power cuts are already underway.

The national fuel bill no doubt must be curtailed, but there are other avenues that the government should explore to arrest the rupee’s tumble. Exporters have gained from the depreciation of the rupee, which they themselves have to take responsibility for to some extent. It has been alleged that Sri Lanka is deprived of most export proceeds due to various rackets. Exporters unlawfully park foreign exchange abroad. This practice is linked to exchange control violations, tax evasion, capital flight and, in some cases, even trade-based money laundering. Common methods used by unscrupulous exporters to avoid the repatriation of most export proceeds include the following as we have reported over the years, quoting experts: under-invoicing exports, over-invoicing imports, keeping proceeds abroad through offshore entities, use of “open account” arrangements, multiple invoicing and phantom shipments. Some fraudsters use hawala or informal settlement systems. The media has exposed these malpractices over the years, but in vain.

These export-related rackets have prompted many countries to require exporters to repatriate export proceeds within a relatively short period, submit shipping and banking documentation, and convert part or all export earnings into local currency. Sri Lanka has adopted some of these methods but no government has had the courage to go the whole hog to ensure compliance, for exporters have huge slush funds to bankroll election campaigns. The JVP-NPP government must get tough with the errant exporters who resort to malpractices and deprive the country of much-needed forex. Ensuring the repatriation of export proceeds in a proper manner is half the battle in breaking the back of the forex problem.

The need for a holistic approach to rupee depreciation cannot be overstated, but stringent measures are necessary to curb the outflow of foreign currency.

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Editorial

A play without its protagonist

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Thursday 21st May, 2026

The annual Commemoration of War Heroes was held on Tuesday, and President Anura Kumara Dissanayake, in his address, pledged to fulfill the aspirations of those who had made the supreme sacrifice for the country. He said they had laid down their lives in the hope that their sacrifices would help build a better country. Last year, he drew criticism for avoiding the term ‘war heroes’ when referring to the fallen military personnel, but he used it on Tuesday. However, that commemorative event was like a play without its protagonist. All former war-winning military commanders were there, but ex-President Mahinda Rajapaksa’s absence was conspicuous. When Foreign Minister Vijitha Herath was asked, at Tuesday’s post-Cabinet media briefing, why Mahinda had not been invited to the commemoration, he said no political leaders had been invited. This claim is based on flawed logic.

Mahinda is not just a political leader; he is a former war-winning President and Commander-in-Chief. He and his family politicised and monopolised the war victory, misruled the country and bankrupted the economy, betraying the trust people reposed in them. But the fact remains that it was his unwavering leadership for the war that made the defeat of the LTTE possible. According to Article 33 of the Constitution, it is the President who declares war or peace. Military commanders merely follow orders from the President and Commander-in-Chief. If Mahinda had buckled under western pressure, the war would have ended prematurely and terrorism would have continued to plague the country.

Mahinda did not give in to pressure from the UK, the EU and the US during the final battle in 2009. British Foreign Minister David Miliband and his French counterpart Bernard Kouchner rushed here in a bid to pressure President Rajapaksa to suspend military operations before the decapitation of the LTTE and open an escape route for Prabhakaran. They even tried to visit the war zone. They were not given permission to do so because their presence there would have compelled the government to stop military operations. The Rajapaksa government also denied a visa to Swedish Foreign Minister Carl Bildt, who wanted to join Miliband and Kouchner to save the LTTE leadership.

If Mahinda had bowed down to western powers and left the war unfinished, it would have been impossible to defeat terrorism; the LTTE would have recovered from military setbacks, acquired drone capability, etc., with the help of the western powers, driven by geopolitical interests and the so-called vote bank politics.

Time was when mothers and fathers did not travel together in buses and trains lest their children should be orphaned in case of LTTE bomb attacks. They also had to guard their children’s schools. The LTTE massacred civilians, especially in villages adjacent to the areas under its control. In the North and the East, people were deprived of their franchise, and democratic dissent was suppressed brutally. Forcible child conscription, extortion and political killings were rampant in those parts of the country while the LTTE was around. That reign of terror ended 17 years ago.

So, all those who were instrumental in defeating LTTE terrorism should be honoured. They include the war-time Presidents and defence ministers, members of the armed forces including their commanders, especially those who served during Eelam War IV, the police, and the Civil Defence Force members.

Having demonised the Rajapaksa family, the JVP-NPP government may have decided against inviting Mahinda to the Commemoration of War Heroes to avoid the embarrassment of President Dissanayake having him as a special guest. It is also possible that the government thought Mahinda’s presence would eclipse President Dissanayake. Be that as it may, the JVP leaders cannot deny that they enabled Mahinda to secure the presidency in 2005 and do what he did thereafter. The SLFP did not back Mahinda in the presidential race, and the then President Chandrika Bandaranaike Kumaratunga did her best to queer the pitch for him to settle political scores albeit in vain. The JVP came to his rescue, and led his presidential election campaign from the front. One may recall that the present-day JVP leaders, especially President Dissanayake and Minister Herath, touted Rajapaksa’s election manifesto, Mahinda Chinthanaya, as a panacea, with the same zeal as street vendors. Videos of their snake-oil sales talk, as it were, from Mahinda’s election platform in 2005 are available in the digital realm. So, they can claim part of the credit for Mahinda’s leadership for the successful war on terror, and similarly part of the blame for his alleged wrongdoing should also fall on them.

There is no way the JVP-NPP government can justify the exclusion of Mahinda from the list of guests at the War Heroes’ Commemoration.

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Editorial

Servility, theatrics and lawfare

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Wednesday 20th May, 2026

The police did precious little to prevent the various events, held in the North and the East on Monday, to commemorate the LTTE members killed during Eelam War IV. Some of the youth who attended those commemorations were seen blatantly flouting traffic laws by riding motorcycles without wearing helmets in an unruly manner. The police looked the other way. But they went all out to prevent a group led by National Freedom Front Leader and former minister Wimal Weerawansa from paying a floral tribute to the War Heroes’ Memorial at Battaramulla on Monday. Subsequently, they claimed that they had done so in view of rehearsals for the following day’s commemorative event, and warned that legal action would be taken against Weerawansa. This is an instance of the police resorting to lawfare to harass and intimidate the political opponents of the government. It is something to be expected, for the JVP/NPP has elevated two of its Retired Police Collective members as the Secretary to the Public Security Ministry and the Director of the CID, which is apparently busy with political work rather than crime investigation.

The police statement on Monday’s incident at the War Heroes’ Memorial is as absurd a claim they made during the Mahinda Rajapaksa government when they were asked by the media why they had allowed a group of pro-government goons armed with clubs to operate alongside the riot police to crush an Opposition protest in Colombo. The then Police Spokesman had the audacity to claim those characters may have carried ‘sticks’ to chase away street dogs.

The police are adept at fabricating stories in a bid to justify their politically determined action aimed at pleasing governments. There is no way they can justify their action near the War Heroes’ Memorial on Monday. It was obvious that Weerawansa and his supporters sought political mileage by visiting the place with television crews in tow. However, there would have been no commotion if the police had allowed them to lay flowers at the memorial.

The police were part of the JVP/NPP ensemble that recently enacted the “Malwana drama”, where some members of the JVP’s university student wing grabbed a state-owned mansion set on fire during Aragalaya (2022). The JVP undergrads overcame what the police made out to be resistance, forced themselves into the mansion and spent several days there. The incident reminded us of “Police Kolama”, a comic segment in Sri Lanka’s masked folk drama. Subsequently, Prime Minister Dr. Harini Amarasuriya, in a cameo, displayed her acting skills by meeting the dramatis personae of the Malwana play, which was directed and produced by the JVP/NPP, and agreeing to have what remains of the mansion taken over by the University Grants Commission. They could have reached that agreement without an absurd drama. The police did not initiate any action against the JVP students for the forcible occupation of state property. They also looked on when a group of JVP members blatantly violated the law by parking their buses on the southern expressway on 01 May, 2025. They unashamedly sided with a JVP mob that stormed an FSP party office in Yakkala, assaulted FSP members and seized control of the place. The JVP/NPP politicians are free to drive under the influence of alcohol, and breathalyzers mysteriously disappear from police stations when they happen to cause accidents. But the police swing into action when Opposition politicians hold protests or commemorative events that are not to the liking of the JVP-NPP government.

Oddly, the JVP-led government has done to the police what the JVP accused the previous government of doing to them; it has reduced them to mere putty in its hands and uses them to suppress the Opposition. The police, who were accused of using extrajudicial methods to crush two JVP uprisings, are now at the beck and call of the JVP, which is emulating the previous governments in handling dissent. So much for the new political culture the JVP/NPP promised to usher in.

President Anura Kumara Dissanayake often claims that his government has restored the rule of law, and no person/institution is above the law. If he supposes so, one will say a la Mr. Bumble in Oliver Twist, the law is an ass.

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