News
Fate of draft of new Constitution hangs in balance as govt. seeks consensus on 21A
By Shamindra Ferdinando
A committee of experts who drafted a new Constitution intends to release its draft before the controversial 21 Amendment is placed before the Parliament.
President’s Counsel Romesh De Silva led the nine-member team, appointed by the Cabinet of Ministers, in Sept. 2020, on a proposal made by the then Justice Minister Ali Sabry, PC.
The team included Gamini Marapana P.C., Manohara de Silva P.C., Sanjeewa Jayawardena P.C., Samantha Ratwatte P.C., Prof. Naazima Kamardeen, Dr. A. Sarveswaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.
Authoritative sources told The Island that the draft prepared following a spate of consultations with political parties as well as other interested groups, including the Election Commission could
be considered before the 21 Amendment was incorporated as an interim measure.
However, other sources said that Romesh de Silva’s committee handed over its draft constitution in late April this year though the original plan was to unveil the proposals at the onset of President Gotabaya Rajapaksa’s third year in office in Nov 2021. Sources explained that those pushing for the 21 Amendment wanted to do away with the 20 Amendment except for the number of judges.
Referring to BASL letters dated May 23 addressed to President Gotabaya Rajapaksa, Prime Minister Ranil Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, sources said that the 21 Amendment in its present form didn’t meet the expectations of those who had been pushing for abolition of the executive presidency.
Stakeholders hadn’t been able to reach consensus on BASL proposals pertaining to the dilution of powers exercised by the executive as regards his/her constitutional ability to hold ministerial portfolios and assign to him/her any subjects and functions and take over subjects and functions of any Minister. Another contentious issue is the power exercised by the executive to prorogue and dissolve Parliament.
Opposition sources said that Romesh de Silva’s committee wouldn’t have even considered a cosmetic change of key executive powers for obvious reasons. They said that the proposed new Constitution wouldn’t have discarded the 20th Amendment whereas the 21 Amendment mooted by the BASL against the backdrop of continuing political-economic –social crisis was meant to abolish the executive presidency.
Lawmaker Sabry yesterday said that a project to replace the 1978 Constitution was undertaken in an entirely different scenario. The situation had changed now, the former Justice Minister said, while asserting that the conditions at the time a new Constitution was envisaged soon after the last parliamentary election in August 2020 and the 21 Amendment brought forward amidst turmoil couldn’t be compared under any circumstances.
The President’s Counsel said so when The Island queried regarding the fate of the draft Constitution prepared on a proposal submitted by him to the Cabinet. Asked whether he had perused the draft Constitution, SLPP National List MP said he didn’t have an opportunity to do so.
BASL President Saliya Pieris, PC, told The Island that the PM’s Office acknowledged the letter dated May 23 captioned ‘The 21st Amendment to the Constitution’ addressed to Mr. Ranil Wickremesinghe. “We met the Justice Minister at the ministry to explain our stand,” PC Pieris said.
Asked for the government’s response, Minister Rajapakse, a former President of the BASL said that the issues that had been raised by the current BASL leadership in the letter received by him were discussed. According to Dr. Rajapakse, the BASL took up two major matters
However, the BASL, in addition to its recommendations in respect of major matters, has suggested the following (a) A provision for the members of the Monetary Board to be appointed with the approval of the Constitutional Council (in addition to the Governor of the Central Bank); (b) A provision for the appointments of the Secretaries to the Ministries, Governors of the Provinces, Ambassadors and Heads of Missions be done on the advice of the Prime Minister in consultation with the Cabinet of Ministers; (c ) A provision to require Presidential Pardons to be done according to the recommendation by a body established by law, appointed by the President on the recommendation of the Constitutional Council and (d) A provision to enhance the financial independence, transparency, and accountability of the Independent Commissions.
In addition to those four recommendations, the BASL has suggested that the number of members of the Constitutional Council who are not Members of Parliament be increased from 3 to 5 and conversely the number of Members of Parliament on the Constitutional Council be reduced from 7 to 5 as was found in the 17th Amendment to the Constitution. The BASL has stressed that the proposal was consistent with the position taken by the BASL in 2015 when the 19th Amendment was enacted.
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486 dead, 341 missing, 171,778 displaced as at 0600hrs today [05]
The situation report issued by the Disaster Management Center at 0600hrs today [5th December] confirms that 486 persons have died and another 341 persons are missing after the devastating weather conditions in the past week.
171,778 persons have been displaced and have taken refuge at 1,231 safety centers established by the government.

News
Media slams govt.’s bid to use Emergency to silence critics
Media organisations have denounced Deputy Minister of Public Security and Parliamentary Affairs Sunil Watagala after he urged law enforcement authorities to use emergency regulations to take action against those posting allegedly defamatory content about the President and senior ministers on social media.
The Sri Lanka Working Journalists Association (SLWJA) yesterday issued a strongly worded statement condemning Watagala’s remarks, warning that they posed a direct threat to freedom of expression and media rights, particularly at a time when the country is struggling through a national disaster.
Watagala made the controversial comments on 2 December during a meeting at the Malabe Divisional Secretariat attended by government officials and Deputy Media Minister Dr. Kaushalya Ariyarathna. During the discussion, the Deputy Minister claimed that a coordinated effort was underway to spread distorted or false information about the disaster situation through physical means, social media, and even AI-generated content. He also alleged that individuals based overseas were contributing to such activity.
According to the SLWJA, Watagala went further, directing police officers present at the meeting to treat those posting such content “not merely as suspects but as offenders” and to take action against them under emergency regulations currently in force.
The SLWJA accused the government of abandoning the democratic principles it once campaigned on, noting that individuals who publicly championed free speech in the past were now attempting to clamp down on it. The association said this was not an isolated incident but part of a pattern of growing state pressure on journalists and media platforms over the past year.
It warned that attempts to criminalise commentary through emergency powers especially during a disaster constituted a grave violation of constitutional rights. The union urged the government to respect democratic freedoms and refrain from using disaster-related powers to silence criticism.
In a separate statement, Internet Media Action (IMA) also expressed “strong objection” to Watagala’s comments, describing them as a “serious threat to freedom of expression”, which it said is a fundamental right guaranteed to all Sri Lankan citizens.
The IMA said Watagala’s assertion that “malicious character assassination attacks” were being carried out against the President and others through social media or other media channels, and that such acts should attract severe punishment under emergency law, represented “an abuse of power”. The organisation also criticised the Deputy Minister’s claim that false opinions or misrepresentations whether physical, online, or generated by AI could not be permitted.
Using emergency regulations imposed for disaster management to suppress political criticism amounted to “theft of fundamental rights”, the statement said, adding that the move was aimed at deliberately restricting dissent and instilling fear among social media users.
“Criticism is not a crime,” the IMA said, warning that such rhetoric could lead to widespread intimidation and self-censorship among digital activists and ordinary citizens.
The group demanded that Watagala withdraw his statement unconditionally and insisted that freedom of expression cannot be curtailed under emergency laws or any other legal framework. It also called on the government to clarify its stance on the protection of fundamental rights amid increasing concerns from civil society.
News
Cardinal calls for compassionate Christmas amid crisis
Archbishop of Colombo, Cardinal Malcolm Ranjith, has called on Sri Lankans to observe this Christmas with compassion and restraint, as the nation continues to recover from one of its worst natural disasters in recent memory.
In his message, the Colombo Archbishop has highlighted the scale of the crisis, noting that more than 1.5 million people have been displaced, while an “uncounted number” remain buried under debris in the hill country following landslides and severe flooding.
“It is a most painful situation,”
he has written acknowledging the difficulty of celebrating a season traditionally associated with joy while thousands are mourning lost loved ones, living in refugee centres, or left with nothing but the clothes they were wearing.
The Cardinal has urged the faithful to temper excessive celebrations and extravagance, instead focusing on helping those affected. “Celebrate, by all means, yes, but make it a moment of spiritual happiness and concern for the needs of those who suffer,” he said. “Assist as much as possible those who lost their loved ones, their homes, and their belongings.”
He has called for a Christmas marked by love, sharing, and solidarity, describing it as an opportunity to make the season “a deeply spiritual and joyful experience.”
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