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Election ’24: Hopes for Constitutional Reforms are still alive

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by Rajan Philips

The Collective for Democracy and Rule of Law (CDRL) is making a commendable intervention to launch a platform for constitutional reform early on in this election year. The Collective has convened a meeting of civil society activists and organizations, and a well-attended meeting was held in Colombo on Wednesday (January 24) last week. My focus today is on the discussion document that was circulated in advance and discussed at the meeting.

It is a refreshingly short document of 11+ pages, entitled “Principles and Proposals for Political and Constitutional Reform,” which underscores the work done by the Collective members over 30 years in preparing multiple drafts for constitutional reform. This long work without commensurate results due to ill-equipped and constitutionally less than literate political leaders, has led to constitutional overthinking in Colombo political circles. The new document is mostly free of overthinking but not totally without its hangover. At the same time, the results of their efforts have not been insignificant. To wit, the 17th Amendment and the 19th Amendment to the constitution, even though they were generally frustrated by the vexatious (18th and 20th) Amendments) of the Rajapaksas.

Thanks to Aragalaya, the country was spared of what could have been a disastrous overhaul of the constitution under Gotabaya Rajapaksa, the most constitutionally illiterate person ever to hold high offices in the Sri Lankan state. The legacy of Aragalaya is evoked in the invitation for Wednesday’s meeting, inasmuch as it was an expression of desire with new ideas among Sri Lankan citizens for a “deepening democratization” of the state. The new ideas of public trust, accountability and meaningful participation are what inform the “Principles and Proposals for Political and Constitutional Reform,” and what the proposals for reform are seeking to achieve.

Parliament and Presidency

Fundamental to these changes is the restoration of parliamentary democracy, and the new proposals seem keen to frame the debate by emphasizing the restorative aspect as the primary reform goal and the abolition of the executive presidency as its inevitable adjunct. The most readily implementable part of the new proposals is the electoral reform which is also crucial to restoring parliamentary democracy. The proposals provide for a bicameral legislature comprising a House of Representatives of 200 members and a Senate of 50 members.

Of the 200 members of the House, 130 are to be elected from the old-style territorial constituencies and the simple first-past-the-post system. 60 members are to be allocated to political parties based on proportional representation according to their voting tallies either at the national level or provincial level. The remaining 10 seats are to be allocated to political parties who contested the election but have no representation among the 190 members. These seats will be allocated to them in proportion to their national vote.

The proposals indicate that appropriate provisions will be made to ensure adequate representation of women, youth and underrepresented interest groups. Including women with youth and interest groups for appropriate consideration is simply not acceptable. The 60 proportional representation seats could easily be, and in fact should be, all allocated to women, which would be similar to constitutional arrangements in Bangladesh and in Pakistan.

Although the electoral reform is part of a complete reform package, there is no reason why these changes cannot be implemented by the current parliament, to be in place for the next parliamentary election.

That is not a task for the Collective for Democracy and Rule of Law, but the Collective could certainly build public and media pressure to bear on the political parties in parliament and on the aspiring presidential candidates.

If the question of implementing electoral reform here and now were to be put to Anura Kumara Dissanayake, Sajith Premadasa, or His Excellency, President Wickremesinghe, will they risk rejecting it? We will not know unless someone asks them.

While at it, why not add the amendment to change the system of electing the Head of State?

The new proposal is to have the President (and a Vice President) elected by an electoral college comprising members of the House of Representatives and the Senate. We will get to the Senate later, but why not have an amendment now by the current parliament that would end the system of direct election and provide for the new parliament to elect the next president as the Head of State but not the Head of Government.

Why go through the trouble and expense of a direct presidential election in September-October if it is going to be the last such election?

Again, it is up to the will of the political leadership and it is not a question of whether or not it can be done. The two changes are certainly doable by the current parliament. They are also implementable within the framework of the current constitution. I cannot see any one of the three presidential candidates publicly rejecting these possibilities if they were put to them in a public forum. Ideally, having all of them together at the same forum.

Vice President

Another proposed change is to have a Vice President, which would be an interesting addition to have even after the presidential system is emasculated. It would also be a striking contrast to President Jayewardene ruling out a Vee Pee for him while implementing a full throttled presidential system. His reasons of course were perversely negative – to avoid a political shootout among his second rung ministers to climb the Vee Pee pole. The top guns were all plotting to succeed JR Jayewardene.

The motivation now to have a Vice President is positively different – for the purpose of “sharing higher-level political office between ethnic communities” as part of transforming Sri Lanka into “a multi-ethnic and pluralist democracy.” The Vice President is stipulated to be someone from a community other than the community to which the President belongs.

There are enough examples from India where the President and the Vice President have been elected by an electoral college and have provided symbolic representation to India’s vastly diverse communities and groups. There will be no coming of age celebrations for Sri Lanka as a modern republican democracy until any and all high posts are equally open to all of its citizens regardless of their ethnic identity. Until then, small steps like the vice presidential positions should be welcome as notable progress.

The Senate

The old senate that was brusquely brushed away even while the Soulbury Constitution was breathing its last, is now back but with a different structure and for wholly different reasons. One would think that that it will not be, to reverse Jennings as well as Colvin, either superfluous by being rubber stamp to the House or mischievous by frustrating the will of the people. Rather, the new Senate could look for its model in what the founders of the US Senate (mostly James Madison) intended it to be – a mature, cautious, competent and deliberative body of sober second thought. And not what the US Senate, and more so the Congress, are turning out to be under the onslaughts of Trump’s Republican Party.

The new Senate is intended to be an institution for power sharing by ensuring provincial representation, in addition to being a check on the legislative overreach of the House of Representatives.

The Senate is proposed to have 50 members, with each Provincial Council electing five members, at least two of them women; and five members appointed by the President to represent unrepresented or underrepresented interests.

The 45 provincial members are to be elected on the basis of proportional representation within each provincial council, and the five presidential appointees are to be nominated by the Prime Minister and the Leader of the Opposition in the House of Representatives.

All Senators are expected to be drawn from those “who have distinguished themselves in public life.” This qualification is too vague and will not be enough if the Senate is to play the role that is expected of it. The minimum age must be much higher than what it is for a voter or to become an MP. It will not hurt to require educational qualifications along with alternative experiential qualifications. There is no point in having a Senate if it is going to end up with the same calibre of MPs as there are in today’s parliament.

The proposal would seem to provide for all bills to be presented to the Senate for review and feedback, but not to vote on. The exceptions would be bills that may have implications for provincial powers, and they will require passage in the Senate with at least two members from each province voting in favour. This is the intended safeguard for provincial powers and functions from being diluted or usurped by the central government. Finally, the Senate will have the same role as the House in Constitutional Amendments – with two-thirds majority required both in the House and the Senate. No more referendums!

Balance of Powers

Besides electoral reforms, reconstituting the balance of power between the President and Parliament is a key requirement for restoring parliamentary democracy. The abolishing of the executive presidency by itself is a major part of restoration. But before Sri Lanka came under presidential tyranny it had a trial run under parliamentary tyranny. The new proposals are alert to avoiding that.

A number of provisions are being suggested – the Senate as already discussed, restricting cabinet size, establishing a Constitutional Council, and judicial review of legislation and administrative actions along with the return of the Constitutional Court, are the main ones. On a not unrelated note, there is some significance given to the matter of handling cross-over MPs.

In what seems to be an anomaly, the President is identified as the “repository of the executive power of the people,” even after restoring parliamentary democracy. This seems to be textual hangover from the JRJ constitution, while the Prime Minister as the Head of Government, and the government is going to be good old Cabinet Government. What is the purpose in identifying a “repository of the executive power” in the constitution that is outside the cabinet government?

The executive power in any event will be exercised by the Cabinet of Ministers who will in the restored order be answerable only to parliament and not any higher executive. At the same time the cabinet is cut to size literally by the proposal to limit the number of ministers to 20 and the number of state ministers also to 20. DS Senanayake wanted such a limitation in the Soulbury Constitution but the British advised against it.

Interestingly, at least five of the 20 ministers ought to be women, and at least another five ought to belong to communities other than the majority community. Shades of fifty-fifty, you would think. Similar distribution is also proposed for state ministers. These are laudably inclusive measures.

The idea and the institution of a Constitutional Council is recognized as being the outcome of “civil society pressure to curb the excessive powers of the executive presidency and to depoliticize the state and public service … (and) to function as a system of checks and balances to curb governmental power.” The same institution is proposed to be retained even after parliamentary democracy is restored, because “it could serve as an instrument for achieving a national consensus on high-level appointments.”

There should be second thoughts on the Constitutional Council as the idea of having another constitutional layer seems superfluous especially after getting rid of the executive presidency and bringing in a Senate comprising distinguished citizens. What is that we need a Constitutional Council (CC) for that cannot be done by the Senate or its Committees, even joint Committees with MPs?

Four of the 10 CC members are already members of the House or the Senate. The other six members or comparable alternates could be elected as Senators. Is there a need for another body to accommodate five distinguished citizens for their wise counsel when they can be easily accommodated in the Senate? At most, a Constitutional Council can play a fixed-term role until all the constitutional changes are implemented and the Senate is established and functioning. At that point the Council could be terminated.

(To be continued)



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BLOSSOMS OF HOPE 2025

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An Ikebana exhibition in aid of pediatric cancer patients

This Ikebana exhibition by the members of Ikebana International Sri Lanka Chapter #262, brings this ancient art form to life in support of a deeply meaningful cause: aiding the Pediatric Cancer ward of the Apeksha Cancer Hospital, Maharagama and offering hope to young warriors in their fight against illness.

Graceful, delicate, and filled with meaning—Ikebana, the Japanese art of floral arrangement, is more than just an expression of beauty; it is a reflection of life’s resilience and harmony. “Blossoms of Hope”, is a special Ikebana exhibition, on 29th March from 11a.m. to 7p.m. and 30th March from 10a.m. to 6p.m. at the Ivy Room, Cinnamon Grand Hotel and demonstrations will be from 4p.m. to 5p.m. on both days.

Each floral arrangement in this exhibition is a tribute to strength, renewal, and love. Carefully crafted by skilled Ikebana artists, who are members of the Chapter. These breathtaking displays symbolize the courage of children battling cancer, reminding us that even in adversity, beauty can bloom. The graceful lines, vibrant hues, and thoughtful compositions of Ikebana echo the journey of resilience, inspiring both reflection and compassion.

Visitors will not only experience the tranquility and elegance of Japanese floral art but will also have the opportunity to make a difference. Proceeds from “Blossoms of Hope” will go towards enhancing medical care, providing essential resources, and creating a more comforting environment for young patients and their families.

This exhibition is more than an artistic showcase—it is a gesture of kindness, a symbol of solidarity, and a reminder that hope, like a flower, can grow even in the most unexpected places. By attending and supporting “Blossoms of Hope”, you become a part of this journey, helping to bring light and joy into the lives of children who need it most.

Join in celebrating art, compassion, and the Power of Hope—one flower at a time.

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Door close to shutting on trying out Soft Power initiatives

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Prime Minister Narendra Modi with President Xi Jinping.IMAGE SOURCE : PTI/FILE

With the hopes of establishing a ceasefire in the Gaza now almost diminished and with Russia saying ‘No’ to an ‘immediate and full ceasefire’ in the Ukraine, the world now faces the spectre of stepped-up international disorder and lawlessness. It ought to be clear that, as matters stand, the exercising of Soft Power in international politics would prove exceptionally difficult.

In some respects the world is back to the power realities of the beginning of the 20th century that paved the way for the breaking out of the cataclysmic First World War. To state it briefly, uncurbed power aspirations accompanied by paranoid distrust and fear among the most powerful of states at the time precipitated the ‘great war’ that led to the perishing of countless lives.

Some of the principal states in the arena of world politics at the time were the Central Powers, comprising in the main, Germany, Austria- Hungary and the Ottoman Empire, while France, Russia and Great Britain constituted the Allies, or the principal states in the opposing camp. The US entered the war during the latter stages of the conflict on the side of the Allied powers that were essentially opposed to Germany’s perceived power expansion designs.

Briefly, aggravating mistrust and fear between the above camps led to the war’s outbreak. Some historians describe the war as a ‘tragedy of miscalculations’. The fear of the opposing camp was so great among these adversaries that they allowed themselves to be driven by emotion rather than reason. By misjudging each other’s motives and actions they triggered the war. Dialogue and Soft Power were to no avail.

While it is not this columnist’s contention that another World War is at hand, the inference is inescapable, given current developments in international politics, that the world could be perilously close to a situation where political leaders would be allowing themselves to be driven by emotion rather than reason.

For instance, the tremendous loss of civilian lives in the Gaza in particular and the Middle East in general is not preventing the US under President Donald Trump from fanatically backing the Netanyahu regime in the furtherance of its power ambitions. The relevant leaders on both sides of the Middle East divide could be described as having taken leave of their consciences, considering their indifference to the continuing bloodletting in the region.

The same goes for the Putin regime’s actions in the Ukraine. The continuing bloodshed on both sides of the divide in the latter theatre is apparently a matter of indifference to the leaders concerned. Once again, power and territorial ambitions are silencing consciences. Accordingly, in both situations under discussion unchecked emotion could sooner or later lead to large scale hostilities that could cut across regions.

The haplessness of the world in the face of the current disorder is compounded by the fact that the UN’s authority is going largely unrecognized by the relevant aggressor states. A question to be posed is whether the present international situation is parallel to that which presented itself in the run-up to World War Two, when the League of Nations proved totally incapable of reining-in the international hostilities that triggered the outbreak of war. If so, there is an urgent need for peace-loving sections the world over, including civilian publics, to urgently come together to address the grave risks confronting the world. The most pressing requirement is to give Soft Power or value-based politics a strong chance. Put simply, dialogue needs to be prized above discord.

Besides, it is important for those powers that could think and act with a measure of impartiality to come together to prevent the world from being further imperiled. Fortunately, India and China have decided to give cordial relations a try and this is a very promising development from the viewpoint of regional and global peace.

For example, Indian Prime Minister Narendra Modi in recent interviews with the international media has been quite elaborate on the need to ‘mend fences’ with China and introduce amity and harmony into Sino-Indian ties. Modi is on record that dialogue should be favoured over discord in China-India ties and that stronger inter-state cooperation is in the interests of the two neighbours and those of the international community.

It is interesting to note in this connection that Prime Minister Modi looked at China-India relations from a broad historical perspective as well. He said, among other things: ‘It has always been about learning from each other and understanding one another. At one time, Buddhism had a profound influence in China and that philosophy originated in India.’

This is the language of Soft Power or value-based politics that focuses on things that bring countries together rather than those which separate them. At the current juncture when discord is the state of the world, the language of Soft Power, or a focusing on values and ideals that cement ties among states, is what matters most.

Needless to say, we are today confronted with a dangerously polarized West. The US is on what could be called a hazardous foreign policy trajectory and Europe and Canada are closing ranks against it. There could be an increasing tendency among European states to emulate Germany and increase their defense spending, given that there is no possibility currently of bringing even a measure of peace to Ukraine, considering Russia’s recent decision to reject the US peace initiative. Accordingly, the West in particular would need to brace for times of stepped-up tension and discord.

India and China are two countries that the international community just could not ignore. Their heft in a multiplicity of fields is such that their persistent voices would be responded to positively by the rest of the world. A proactive engagement by these major Asian states in promoting global stability could induce the US and Russia, for instance, to quicken closures to the Ukraine and Middle East conflicts. Hopefully, China and India would be guided, going forward, by the greater good of the world community.

As for the rest of the global South, it too should explore the possibility of coming together once again for the sake of international amity and understanding. If the South is reading ‘the writing on the wall’ correctly it would perceive that it cannot neglect the obligation to join with major democracies, such as India, and dynamically champion the cause of world peace. Soft Power needs to be revived and kept going.

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Gamini Dissanayake’s Cricketing Vision: The Foundation that Built Champions and the work that must continue

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Gamini

By Navin Dissanayake

Cricket has long been Sri Lanka’s greatest unifier. It is the sport that makes the world see us as more than just a small island—it makes them respect us, remember us, and recognise our strength.

But Sri Lanka’s rise in world cricket did not happen by accident. It was built on foundations laid decades ago, by leaders who saw the potential in our game long before we had the trophies to prove it.

One of those leaders was my father, Gamini Dissanayake.

On March 20th, we mark his birth anniversary, and as I reflect on his life, I realise that his greatest contribution to cricket was not just securing Sri Lanka’s Test status—it was creating the systems, infrastructure, and vision that allowed us to win the 1996 World Cup and stand tall on the international stage.

And now, as the Chairperson of the Sri Lanka Cricket Foundation, it is my responsibility to ensure that his vision is not just remembered, but carried forward.

Gamini Dissanayake: The Architect of Sri Lanka’s Cricketing Future

Many people know that my father fought for Sri Lanka’s Test status in 1981, but few realise that he also built the physical and structural foundations of our cricketing success.

✔ Sri Lanka Cricket Headquarters at SSC – When Sri Lanka gained Test status, we did not even have an administrative home for the sport. My father took the lead in establishing the Sri Lanka Cricket Board headquarters at the Sinhalese Sports Club (SSC) premises, ensuring that Sri Lanka’s cricket administration had a proper base from which to operate.

✔ Asgiriya Stadium Transformation – He believed that cricket should not be limited to Colombo. Under his leadership, the Asgiriya Stadium in Kandy was upgraded to international standards, becoming one of the most picturesque Test venues in the world and bringing world-class cricket to a new part of the country.

✔ Creating the Pathway for Future Champions – Infrastructure is not just about buildings; it’s about creating opportunities. He personally ensured that cricketing talent from all over Sri Lanka was recognised, leading to a more inclusive national team that truly represented the country.

His belief was simple—Sri Lanka should never be just another cricket-playing nation. We should be a force to be reckoned with.

The 1996 World Cup: A Dream That Started with His Vision

The greatest vindication of his efforts came fifteen years after he won Sri Lanka’s Test status—on March 17, 1996, when we defeated Australia to win the Cricket World Cup.

The players, the strategy, the talent, and the execution belonged to Arjuna Ranatunga and his team. But the foundation for that victory was laid long before.

✔ The experience of playing Test cricket for 15 years before 1996 gave us the mental toughness to win.

✔ The confidence to take on the world’s best was born from the fight for Test recognition.

✔ The belief that Sri Lanka could win on the global stage was a lesson my father instilled in everyone who worked with him.

Without that long-term vision, Sri Lanka may have still been waiting for its moment of cricketing glory.

That is what great leadership does—it creates opportunities that allow future generations to succeed.

My Role in Continuing His Legacy Through the Sri Lanka Cricket Foundation

Today, Sri Lankan cricket stands at another crossroads.

We are a country that has lifted the World Cup, produced some of the greatest cricketers in the world, and built a reputation for playing brave, fearless cricket.

But we are also a cricketing nation struggling with inconsistency, administrative challenges, and lost opportunities.

That is why, as Chairperson of the Sri Lanka Cricket Foundation, I feel an immense responsibility—not just to honour my father’s work, but to continue it in ways that will shape the next era of Sri Lankan cricket.

Here’s what we are focusing on at the Sri Lanka Cricket Foundation:

✔ Developing Young Talent Nationwide – My father believed that talent is everywhere, but opportunity is not. Through the Cricket Foundation, we are working to strengthen school cricket programmes, identify hidden talent across rural areas, and support the next generation of Sri Lankan cricketers.

✔ Improving Cricketing Infrastructure – While our international stadiums are recognised worldwide, our grassroots cricket facilities need urgent investment. We are working to equip schools and clubs with better training facilities so that young players can develop under proper conditions.

✔ Restoring Professionalism & Transparency in Administration – Cricket should always be led by those who genuinely care for the game, not by those looking for personal gain. Through the Cricket Foundation, we are promoting stronger governance, better planning, and a long-term approach to cricket development.

✔ Bringing Back the Sri Lankan Cricket Identity – We were once known as the most unpredictable, fearless, and entertaining cricket team in the world. That identity must be rebuilt from the grassroots up.

The game gave us our proudest moments as a nation—it must never be allowed to decline.

Looking Ahead: A Legacy That Still Guides Us

Thirty years after his passing, my father’s vision still lives on in Sri Lanka’s cricketing institutions, in our stadiums, in our players, and in our history.

But his work is not finished.

As we honour him on his birth anniversary, my hope is not just to celebrate his achievements, but to continue his mission.

He fought to put Sri Lanka on the map of world cricket.

Now, it is our turn to fight to keep it there.

Because Sri Lanka’s place in world cricket was never handed to us on a platter—it was earned. And we must always be ready to earn it again.

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