By Prof. R.P. Gunawardane
A decision is reported to have been made to change the dates of the GCE O/L and GCE A/L exams with effect from the year 2023. According to this proposal O/L examination will be held four months early in August instead of December and the A/L examination will be conducted seven months early in January instead of August every year.
This plan if implemented properly with the necessary changes in the university admission process coupled with the streamlining of the university academic year in the university system would considerably reduce the delay in the time required for graduation. It is also necessary to develop a well-organized academic program to keep the O/L students occupied after their exam until the A/L classes begin in January next year.
In this context, it is of interest to go into the history of these examinations briefly. GCE O/L examination has always been conducted in the month of December every year without any interruption. However, there were number of changes to the period of GCE A/L examination. The GCE A/L examination was held during the month of December until 1970. During this period practical examination for those offering science subjects (Physics, Chemistry, Botany, Zoology) was held in April the following year. These practical examinations were held in the Universities of Colombo and Peradeniya at the time.
In 1972, the GCE A/L examination was shifted to the month of April mainly because of the disruption of education due to the insurgency occurred in 1971. This examination was held in April until the year 1977. During this period yet another significant development took place. Practical examination for the science subjects at A/L was abolished deviating from accepted international practices.
Until the year 1977 it was possible to admit the students who qualified for admission to universities in October the same year. At that time the universities had a regular academic year beginning October and ending in July making the transition from secondary education to tertiary/university education smooth. As a result, the students at the time did not waste much time awaiting admission to the universities. In 1978 the GCE A/L exam was shifted to August for unknown reasons making students to wait more than a year to enter the universities. From 1978 the GCE A/L examination was held regularly in August every year until 2001.
During 2000-2001 period extensive discussions were held in the Ministry of Education and Higher Education and the National Education Commission to review the exam time tables in order to reduce the waiting time for students. After careful consideration of all the issues involved it was decided to conduct the GCE A/L Examination in April with effect from the year 2002.
With the implementation of this scheme the backlog of admissions was also cleared by admitting two batches in the same year. After implementation of this plan the GCE A/L exam was conducted in April every year until the year 2007 making it possible to admit students to universities in the same year. Then supposedly due to administrative reasons this exam was shifted back again to August in 2008, and it is continuing up to date.
When A/L examination is held in August, it is not possible to begin A/L classes for the fresh students who sat GCE O/L exam in December until September the following year. The class rooms and teachers would be available for the new students only in September. As a result, those who sat O/L examination in December wait for nearly 9 months wasting valuable time in their prime years. Similarly, after A/L examination in August the students have to wait till September or October the following year for admission to Universities under normal circumstances. This state of affairs can be further aggravated in situations where there is a backlog of students waiting to enter different faculties of the universities.
In these circumstances, those students who were fortunate enough to be selected to the universities had to wait periods up to 2 years at home wasting their valuable time. As explained earlier time lag occurs in several stages – after O/L examination, after A/L examination and also due to delays in admission to individual universities. In addition, due to strikes and other disruptions in different universities/ faculties further delays are encountered.
Fixed Academic year for universities
A disturbing feature currently prevailing in the University System is that different universities adopt different academic years/semesters due to various reasons. What is worst is that in the same university different faculties are adopting different academic years resulting in a chaotic situation. It is worth noting that no other country in the world has such a disorder in the university system. An internationally accepted fixed academic year (September/October to June/July) is being practiced in all the countries in the world. Thus, this situation has to be corrected by synchronizing the academic years in all the faculties and the universities in our university system in order to obtain the best benefits from the proposed changes in the national examinations.
It must be stressed that changes in examination dates alone will not solve the issue of long delay in graduation. Simultaneously, the academic year of the universities also should be fixed. Once it is fixed it should not be changed under any circumstance except in a national calamity like the Covid-19 pandemic. Even in such a situation the necessary adjustment should be temporary and restricted to that particular year only.
Thus, the university academic year should be fixed like in all the other countries from September to June (9 -10 months) beginning 2022. Like our school academic year (January-December) this should not be changed under any circumstance. If there are disruptions due to strikes etc. course material should be displayed on line, alternative arrangements should be made for practical/clinical training and the exams should be held as scheduled. This is very essential to get the new batch admitted on time.
In order to implement this program, the examination department and the University Grants Commission have a prominent role to play. The results of both O/L and A/L examinations should be released as early as possible within two months. The admission process should be streamlined to complete the selection process expeditiously by getting the universities also involved in the selection process.
It is a national crime to waste years of precious time of our young generation. Thus, it is absolutely essential to implement an action plan to reduce the waiting time of students at the GCE A/L stage, the university admission level and in the undergraduate program. This will facilitate the smooth running of the higher education system in Sri Lanka.
Status of medical education
Related to the same issue, it has been highlighted recently that medical graduates spend a very long period to become consultants due to long delays at various stages of their training program in addition to the delays encountered in the university admission process.
Due to the current status in higher education those who study medicine would be wasting about 5-6 years of their prime time between their O/L exam and the beginning of the internship in the medical career. Even after that they have a long way ahead to become medical consultants.
There is a waiting period before the placement for internship appointment. Then, there will be another waiting period for post internship appointment followed by exams by the PGIM and foreign training. Foreign training component has to be organized by the trainees themselves and there is no formal help or methodology. Even after going through the foreign training program, they may still have to wait for a considerable period of time for their consultant appointments. By that time, he or she will be past 40 years having less than 20 years left to serve the nation as a medical consultant. At this stage this person has spent almost 35 years of continuous school education, university education and professional training. This is rather a pathetic situation prevailing in Sri Lanka today.
In most of the other countries such delays do not exist. For example, in USA most students enter universities when they reach about 17 years. In USA, most professional programs are conducted at graduate level. For instance, medicine, dentistry, veterinary science and even education are conducted as postgraduate courses. In the case of medicine, you need to follow an undergraduate program which includes pre-medical requirements prior to admission to medical school. Then, they should pass MCAT (Medical College Admission Test) to apply for a medical school. Total period of the first degree and MD program is 8 years. Thus, they will be about 25 years when they complete MD. Their internship is combined with specialized training to become consultants. This training lasts for 3-5 years depending on the specialty, except in highly specialized fields such as cardiac surgery, neuro surgery, plastic surgery etc. which may take 6-10 years. For example, one can become a consultant physician at the age of 28 years and a consultant dermatologist at the age of 29 yrs. The situation is similar regarding the average ages of the medical professionals in most of the other developed countries and even in some developing countries. This means that Sri Lankan medical graduate spends over one decade more than an average medical professional in any other country to become a medical consultant!
In most countries students apply for admission to universities in their final year in the high school and similarly, medical students apply for internship and specialization programs in their final year in the medical school. They start the combined internship and specialization program immediately after graduation. They have a highly organized and coordinated systems with a fixed calendar to administer these activities annually.
All the delays encountered by the medical trainees are avoidable if suitable action is taken by the Ministry of Education, the UGC, universities and the Ministry of Health in a highly coordinated manner. Since medical students are graduating at different times in different medical schools at present due to variable academic years, it is extremely difficult for the Ministry of Health to find placements immediately.
It is a national crime to waste many productive years and precious time of our talented young generation due to inaction of our authorities. Thus, it is absolutely essential to implement an action plan to reduce this time lag to a minimum without any further delay. A dedicated and a highly coordinated effort is needed in this direction with the active participation of the higher officials of the Ministry of Education, Ministry of Health and the UGC. Furthermore, it is essential that all the medical faculties have the same fixed academic year immediately so that internship appointments can be streamlined and expedited.
We have seen the rapid increase of waiting period and the delay at the different stages of medical training during the last several decades. It has now become a very serious issue affecting our young generation and the whole nation. Many generations of our highly talented young medical students have gone through this painful process without much protest.
Thus, it is high time for the civil society activists and particularly trade unions like GMOA and FUTA to take this matter up with the authorities and see that appropriate action is taken by the relevant authorities without any further delay.
(The author is a Professor Emeritus, University of Peradeniya, formerly Secretary, Ministry of Education and Higher Education and Chairman, National Education Commission, Sri Lanka)
TNGlive relieving boredom
Yes, indeed, the going is tough for everyone, due to the pandemic, and performers seem to be very badly hit, due to the lockdowns.
Our local artistes are feeling the heat and so are their counterparts in most Indian cities.
However, to relieve themselves of the boredom, while staying at home, quite a few entertaining Indian artistes, especially from the Anglo-Indian scene, have showcased their talents on the very popular social media platform TNGlive.
And, there’s plenty of variety – not just confined to the oldies, or the current pop stuff; there’s something for everyone. And, some of the performers are exceptionally good.
Lynette John is one such artiste. She hails from Lucknow, Uttar Pradesh, and she was quite impressive, with her tribute to American singer Patsy Cline.
She was featured last Thursday, as well (June 10), on TNGlive, in a programme, titled ‘Love Songs Special,’ and didn’t she keep viewers spellbound – with her power-packed vocals, and injecting the real ‘feel’ into the songs she sang.
What an awesome performance.
Well, if you want to be a part of the TNGlive scene, showcasing your talents, contact Melantha Perera, on 0773958888.
Supreme Court on Port City Bill: Implications for Fundamental Rights and Devolution
The determination of the Supreme Court on the Colombo Port City Economic Commission Bill was that as many as 26 provisions of the Bill were inconsistent with the Constitution and required to be passed by a two-thirds majority in Parliament. The Court further determined that nine provisions of the Bill also required the approval of the people at a referendum.
Among the grounds of challenge was that the Bill effectively undermined the sovereignty and territorial integrity of Sri Lanka and infringed on the sovereignty of the people. It was argued that several provisions undermined the legislative power of the People reposed on Parliament. Several provisions were challenged as violating fundamental rights of the People and consequently violating Article 3, read with Article 4(d) of the Constitution. Another ground of challenge was that the Bill contained provisions that dealt with subjects that fall within the ambit of the Provincial Council List and thus had to be referred to every Provincial Council for the expression of its views thereon as required by Article 154G(3).
Applicable constitutional provisions
Article 3 of our Constitution recognises that “[i]n the Republic of Sri Lanka, sovereignty is in the People and is inalienable”. Article 3 further provides that “Sovereignty includes the powers of government, fundamental rights and the franchise”. Article 3 is entrenched in the sense that a Bill inconsistent with it must by virtue of Article 83 be passed by a two-thirds majority in Parliament and approved by the people at a referendum.
Article 4 lays down the manner in which sovereignty shall be exercised and enjoyed. For example, Article 4(d) requires that “fundamental rights which are by the Constitution declared and recognised shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided”. Article 4 is not mentioned in Article 83. In its determinations on the Eighteenth Amendment to the Constitution Bill, 2002 and the 19th Amendment to the Constitution Bill, 2002, a seven-member Bench of the Supreme Court noted with approval that the Court had ruled in a series of cases that Article 3 is linked up with Article 4 and that the said Articles should be read together. This line of reasoning was followed by the Court in its determination on the 20th Amendment to the Constitution Bill.
Under Article 154G(3), Parliament may legislate on matters in the Provincial Council List but under certain conditions. A Bill on a matter in the Provincial Council List must be referred by the President, after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon. If every Council agrees to the passing of the Bill, it may be passed by a simple majority. But if one or more Councils do not agree, a two-thirds majority is required if the law is to be applicable in all Provinces, including those that did not agree. If passed by a simple majority, the law will be applicable only in the Provinces that agreed.
Violation of fundamental rights and need for a referendum
Several petitioners alleged that certain provisions of the Port City Bill violated fundamental rights. The rights referred to were mainly Article 12(1)—equality before the law and equal protection of the law, Article 14(1)(g)—freedom to engage in a lawful occupation, profession, trade, business or enterprise— and Article 14(1)(h)—freedom of movement. Some petitioners specifically averred that provisions that violated fundamental rights consequently violated Articles 3 and 4 and thus needed people’s approval at a referendum.
The Supreme Court determined that several provisions of the Bill violated various fundamental rights and thus were required to be passed by a two-thirds majority in Parliament. The question of whether the said provisions consequently violated Article 4(d) and thus Article 3 and therefore required the approval of the People at a referendum was not ruled on.
The Essential Public Services Bill, 1979 was challenged as being violative of both Article 11 (cruel, degrading or inhuman punishment) and Article 14. Mr. H.L. de Silva argued that a Bill that violates any fundamental right is also inconsistent with Article 4(d) and, therefore, with Article 3. The Supreme Court held that the Bill violated Article 11 but not Article 14. Since a Bill that violates Article 11 has, in any case, to be approved at a referendum as Article 11 is listed in Article 83, the Court declined to decide on whether the Bill offended Article 3 as well, as it “is a well-known principle of constitutional law that a court should not decide a constitutional issue unless it is directly relevant to the case before it.”
A clear decision on the issue came about in the case of the 18th Amendment to the Constitution Bill; a seven-member Bench of the Supreme Court held that the exclusion of the decisions of the Constitutional Council from the fundamental rights jurisdiction of the Court was inconsistent with Articles 12 (1) and 17 (remedy for the infringement of fundamental rights by executive action) and consequently inconsistent with Article 3, necessitating the approval of the Bill at a referendum.
When the 20th Amendment to the Constitution Bill sought to restore the immunity of the President in respect fundamental rights applications, the Supreme Court determined that the “People’s entitlement to remedy under Article 17 is absolute and is a direct expression of People’s fundamental rights under Article 3 of the Constitution.”
In the case of the Port City Bill, however, the Supreme Court only determined that certain provisions of the Bill violated fundamental rights and thus required a two-thirds majority, but did not go further to say that the offending provisions also required approval of the people at a referendum.
Perhaps, the Court took into consideration the Attorney-General’s assurance during the hearing that the impugned clauses would be amended at the committee stage in Parliament.
However, Parliament is not bound by the Attorney-General’s assurances. In the absence of a clear determination that the clauses concerned required a referendum as well, Parliament could have passed the clauses by a two-thirds majority. The danger inherent in the Supreme Court holding that a provision of a Bill violates fundamental rights and requires a two-thirds majority but makes no reference to the requirement of a referendum is that a government with a two-thirds majority is free to violate fundamental rights, and hence the sovereignty of the People by using such majority. It is respectfully submitted that the Court should, whenever it finds that a provision violates fundamental rights, declare that Article 3 is also violated and a referendum is necessary, as it did in the cases mentioned.
The need to refer the Bill to Provincial Councils
The Port City Bill had not been referred to the Provincial Councils, all the Provincial Councils having been dissolved. The Court, following earlier decisions, held that in the absence of constituted Provincial Councils, referring the Bill to all Provincial Councils is an act which could not possibly be performed.
In the case of the Divineguma II Bill, the question arose as to the applicability of the Bill to the Northern Provincial Council, which was not constituted at that time. The Court held while the Bill cannot possibly be referred to a Council that had not been constituted, the views of the Governor (who had purported to express consent) could not be considered as the views of the Council. In the circumstances, the only workable interpretation is that since the views of one Provincial Council cannot be obtained due to it being not constituted, the Bill would require to be passed by a two-thirds majority. Although not explicitly stated by the Court, this would mean that if the Bill is passed by a simple majority only, it will not apply in the Northern Province. The Bill was passed in Parliament by a two-thirds majority. The Divineguma II Bench comprised Shirani Bandaranayake CJ and Justices Amaratunga and Sripavan, and it is well-known that the decision and the decision on the Divineguma I Bill cost Chief Justice Bandaranayake her position.
It is submitted that Article 154G (3) has two requirements—one procedural and one substantive. The former is that a Bill on any matter in the Provincial Council List must be referred to all Provincial Councils. The latter is that in the absence of the consent of all Provincial Councils, the Bill must be passed by a two-thirds majority if it is to apply to the whole country. If such a Bill is passed only by a simple majority, it would apply only in the Provinces which have consented.
The Divineguma II determination accords with the ultimate object of Article 154G(3), namely, that a Bill can be imposed on a Province whose Provincial Council has not consented to it only by a two-thirds majority. It also accords with the spirit of devolution.
A necessary consequence of the Court’s determination on the Port City Bill is that it permits a government to impose a Bill on a Provincial Council matter on a “disobedient” Province by a simple majority once the Provincial Council is dissolved and before an election is held. What is worse is that at a time when all Provincial Councils are dissolved, such as now, a Bill that is detrimental to devolution can be so imposed on the entire country. It is submitted that this issue should be re-visited when the next Bill on a Provincial Council matter is presented and the Supreme Court invited to make a determination that accords with the spirit of devolution, which is an essential part of the spirit of our Constitution.
‘Down On My Knees’ inspires Suzi
There are certain songs that inspire us a great deal – perhaps the music, the lyrics, etc.
Singer Suzi Fluckiger (better known as Suzi Croner, to Sri Lankans) went ga-ga when she heard the song ‘Down On My Knees’ – first the version by Eric Guest, from India, then the original version by Freddie Spires, and then another version by an Indian band, called Circle of Love.
Suzi was so inspired by the lyrics of this particular song that she immediately went into action, and within a few days, she came up with her version of ‘Down On My knees.’
In an exclusive chit-chat, with The Island Star Track, she said she is now working on a video, for this particular song.
“The moment I heard ‘Down On My Knees,’ I fell in love with the inspiring lyrics, and the music, and I thought to myself I, too, need to express my feelings, through this beautiful song.
“I’ve already completed the audio and I’m now working on the video, and no sooner it’s ready, I will do the needful, on social media.”
Suzi also mentioned to us that this month (June), four years ago, she lost her husband Roli Fluckiger.
“It’s sad when you lose the person you love but, then, we all have to depart, one day. And, with that in mind, I believe it’s imperative that we fill our hearts with love and do good…always.”
A few decades ago, Suzi and the group Friends were not only immensely popular, in Sri Lanka, but abroad, as well – especially in Europe.
In Colombo, the Friends fan club had a membership of over 1500 members. For a local band, that’s a big scene, indeed!
In Switzerland, where she now resides, Suzi is doing the solo scene and was happy that the lockdown, in her part of the world, has finally been lifted.
Her first gig, since the lockdown (which came into force on December 18th, 2020), was at a restaurant, called Flavours of India, with her singing partner from the Philippines, Sean, who now resides in Switzerland. (Sean was seen performing with Suzi on the TNGlive platform, on social media, a few weeks ago).
“It was an enjoyable event, with those present having a great time. I, too, loved doing my thing, after almost six months.’
Of course, there are still certain restrictions, said Suzi – only four to a table and a maximum crowd of 50.
“Weekends are going to be busy for me, as I already have work coming my way, and I’m now eagerly looking forward to going out…on stage, performing.”
In the meanwhile, Suzi will continue to entertain her fans, and music lovers, on TNGlive – whenever time permits, she said,
She has already done three shows, on TNGlive – the last was with her Filipino friend, Sean.
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