Features
From abolishing the Senate to adopting a third new constitution
The 50-year Constitutional Odyssey:
by Rajan Philips
There are three infliction and, perhaps also, inflection points to this article. First, is the sequel to my article two weeks ago (Sunday Island, October 10) where I alluded to the possibility of Sri Lanka’s parliament restoring itself and changing the ways of the regime between now and the next elections. In a situation of unprecedented crises, changing the ways of the regime is more vital than waiting for a potential electoral regime change three years from now. That was my plea, if not contention. I did not write last week, so it is carryover business this week. It is also the first point of infliction on the always indulgent editor and the more ageing than ageless readers of English newspapers.
The second point emanates from the visit (also on October 10) by President Gotabaya Rajapaksa to the Gajaba Regiment Headquarters, at Saliyapura, Anuradhapura, to commemorate the 72nd Anniversary of the Sri Lankan Army. In his speech to mark the military occasion, President Rajapaksa included a promissory note on the Constitution, that he will be “bringing in (of) a new Constitution,” as he had promised in November 2019, and that it “will be delivered within the next year.” The President’s obiter of reassurance literally took away the wind out of whatever parliamentary reform sails that I might have been hoping to use for my unsolicited purpose.
The third and the most obviously inflexion point, thanks entirely to Dr. Nihal Jayawickrama and the article he wrote last Sunday (October 17), is the 50th anniversary of the death, on October 2, 1971, of the Senate of Ceylon at the young age of 24. It was death by legislative euthanasia, brutally premature at so young an age and for a body that bore no incurable ill. It was a rather bad riddance of a good body.
Dr. Jayawickrama’s commemorative piece is quite remarkable at many levels. He neither asserts that the Senate deserves what it got, nor is he patently critical that it was put down at all. He is fair in his account of the purpose for which the Senate was created and the manner in which it played its constitutionally assigned role despite its lopsided composition and nominating procedure. He does not cite Sir Ivor Jennings’s scholarly cynicism that an unelected Senate can only be either “mischievous” (when it goes against the elected House) or “superfluous” (when it passes what has already been passed by the House); nor does he refer to Dr. Colvin R de Silva’s forceful contention that the Senate that “frustrates the will of the people” was one of the “five major defects” of the Soulbury Constitution.
That contention alone was enough to indicate the Senate’s fate in the new constitution that was being prepared by the United Front government. What came as a surprise at that time was the manner of the Senate’s riddance by an amendment to the Soulbury Constitution rather than through the new constitution. What struck me in the story of that riddance recounted by Dr. Jayawickrama was the pattern of disownment by all the key players in the parliamentary drama that began with a Bill to amend the Soulbury Constitution to save the SLFP MP for Ratnapura, Nanda Ellawala, from expulsion over a conviction and imprisonment, and ended with a Bill to amend the same constitution to abolish the Senate. To wit, Dr. Colvin R de Silva who introduced the first Bill in parliament, in July 1970, made it a point to ‘disown’ the bill by indicating that the Bill had been drafted in the Ministry of Justice and not by ‘his’ Ministry of Constitutional Affairs. And the disclaimers continued even as the Senate was let to die.
Committee of Experts
Nihal Jayawickrama’s article also provides a foil for contrasting the current urge to create a new constitution with the circumstances 50 years ago when Sri Lanka began its long odyssey of constitutional makeovers. No one would have thought then that it would come this far and could go still further. His intervention is particularly striking because he might be the only person alive who was closest to the making of the First Republican Constitution of 1972. He is also expertly familiar with the genesis and entrenchment of the 1978 Constitution. And perhaps the only other constitutional scholar of the same vintage is Prof. Savitri Goonesekere. If I am not mistaken, I do not think there is anyone alive today, who was associated with the making of the 1978 Constitution.
On the other hand, and I do not say this to be uncharitable, in President in Gotabaya Rajapaksa, we have the first Sri Lankan to become the most powerful person in the country with the least familiarity with anything constitutional. And it gets worse. In 1970, Parliament was the master of the country’s constitutional destiny, not only by representation but also by virtue of its legal luminaries. The finest legal minds in the country were in parliament, with the House and the Senate combined. Today’s parliament is not only bereft of talent, but is also powerless in spite of the government’s two-thirds majority. Worse, it is totally sidelined from the making of the new constitution.
That task has been outsourced to a committee of experts none of whom are in parliament, or ever held any elected office. Without tracing the bio-data of individual committee members, I will not be too far off the mark to suggest that with the exception of Prof. GH Pieris, all the other members of the committee would have been in their early twenties at most when Sri Lanka began its constitutional odyssey in 1970. If they were all kids then, they would do well to read Dr. Jayawickrama’s article on the Senate and reflect on what they are about to do now as grownups in creating a new constitution for President Gotabaya Rajapaksa.
If they are also keeners, and they ought to be so to be considered ‘experts’, it is reasonable to assume that they would have by now had some discussions with Dr. Jayawickrama to benefit from his experience and expertise. If not, it’s a shame. It is a travesty that this government is hellbent on creating a new constitution without consulting with or getting advice from people like Prof. Savitri Goonesekere or Dr. Nihal Jayawickrama. Travesty though it is, it should not come as a surprise to anyone considering the way the government availed itself of expert advice on Covid-19.
The impetus for the constitutional change in 1970-72 came from a side remark (obiter) in a 1964 Privy Council ruling that highlighted the legislative limitations of the Sri Lankan (then Ceylon) parliament. Although the contentious Privy Council obiter had been around since 1964, it became a political issue in parliament only in 1969, and it became an election issue in the April 1970 elections. The landslide victory of the United Front Parties in 1970 and the appointment of Dr. Colvin R de Silva as Minister of Constitutional Affairs eventually led to Sri Lanka becoming a Republic with a new constitution in 1972.
The inspiration for the 1978 constitutional overhaul came almost entirely from JR Jayewardene’s idiosyncratic liking for a presidential system of government. He was fortuitously able to use the flexibility of the Colvin constitution to create a far more rigid constitution predicated on an elected executive presidential system. He was also fortunate in getting to be the country’s first and only executive president without an election. Ever since, the constitutional debate has been about abolishing or significantly modifying the presidential system. Until now. And nobody knows why there should be a new constitution now to continue the same presidential system.
Why a new constitution?
Do the members of the experts committee know why Sri Lanka needs a new constitution? Other than the reason that President Rajapaksa wants to have one to show that he kept his promise that no one paid attention to. Going by some of the reasons for a new constitution provided by self-proclaimed patriots and nationalists, Sri Lanka needs a new constitution to enshrine its civilizational heritage. Its greatest heritage, Buddhism, needs no textual enshrinement by a committee of worldly experts. Constitutionally, or textually, does it mean that Chapter II of the Constitution will be expanded to fill a whole page instead of the four and half lines there are now? How will that ennoble an already great and noble religion, or edify its faithful followers?
A starkly different reason is apparently to constitutionally enshrine the implications of the 2009 war victory over the LTTE? How is that going to be textualized; in the preamble or Svasti to the current Constitution? Will it be before or after the assurances about Human Rights and the Independence of the Judiciary, in the preamble, that is? Is the purpose of enshrining triumphalism to ward off outside calls for investigating war crimes allegations? How can new constitutional provisions prevent anybody from saying or doing anything outside the country? Can a new constitution prevent another Easter tragedy, or will it unpack secrets of the last one? Cardinal Malcolm Ranjith is in no mood to trust any this-worldly Sri Lankan government or leaders. He is warning about curses and he is calling for divine intervention by the God of Israel and is looking for intercession by the silver-tongued Saint of Padua.
When the debate was about abolishing the presidency the counter-argument was that the presidency must be retained to check and contain the devolved provinces. The key players in the current Administration including President Rajapaksa himself were strong proponents of abolishing the Provincial Councils and rescinding the 13th Amendment. Now there are no active Provincial Councils to abolish as they are all dissolved. And with the government’s two-thirds majority the PCs can be abolished the same way the Senate was abolished 50 years ago. There might be a snag though if the courts were to say that Provincial concurrence is needed for their abolishing even though no concurrence is needed for their indefinite dissolution.
Surprisingly, or not, the government is now keen to go ahead with the Provincial Council elections as soon as possible, with or without a new constitution. Several reasons are being touted for this new shift. India’s hand in this is apparently not so hidden.
Second tier SLPPers are said to be getting restless without provincial offices and perks, and they need to be rewarded and kept contented. Third, a chief characteristic of Rajapaksa politics is the restless urge to keep validating themselves by constantly calling elections in the hope of winning them all the time. Their public support is said to be at its lowest point in the 16 years since they first hit the presidential jackpot in 2005. But they know it is better to test the pulse early and consolidate themselves before things get “worser and worser” as Muhammad Ali used to say. Finally, Provincial Council elections could be a trial run for a referendum that will be necessary for adopting a new constitution.
So, one needs to go back to the Committee of Experts and ask them – which of these reasons do they find to be so compelling as to devote their efforts and energies to producing a new constitution? It was the arrogance of two-thirds majority power that precipitated the abolishing of the Senate in 1971. Fifty years later, there is no palpable arrogance in spite of power, but there is great potential for its abuse out of abundance of ignorance. The question to the Committee of Experts is whether they are going to be aiding and abetting a potential abuse of power in creating a new constitution?
To circle back to the first point of infliction that I started with, it would be a fool’s paradise to discuss parliamentary reform when the government’s priority is to swing the constitutional wrecking ball at parliament and everything else that is still working in Sri Lanka. We can only wait and see how extensive the wreckage is going to be before talking about any reform. What if some or all in the Committee of Experts want to have no part of this wreckage and honourably excuse themselves from the Committee? Stranger things have happened.
Features
US’ anti-migrant stance set to intensify tensions in Western camp
The announcement by the US authorities of an anti-migrant stance during a recent commemoration in France of the epochal D-Day Landings of June 6, 1944, ought to strike impartial observers as a supreme irony. Whereas what should have been expected was a vibrant celebration of the beginning of the process of Western Europe freeing itself decisively from Nazi or fascist control during the crucial stages of World War Two, this was not to be.
What the world heard instead was a call to contemporary Western Europe to arm itself against a seemingly rising and threatening migrant presence in the region. In other words, the migrant must be despised and ‘shown the door’.
Instead of a commemoration that rejoiced in the flourishing of liberal democracy and its values what one got was a strong affirmation of fascism and racial chauvinism. US Defense Secretary Pete Hegseth vented his spleen against the migrant or foreigner presence in Europe reportedly thus: ‘Sadly today different European beaches are stormed by different dangerous ideologies.’ To ‘beaches in Spain and Italy and Greece and Bulgaria, boats and men arrive. When will European capitals do something about that invasion?’
While at the outbreak of World War Two it was Nazi Germany that was doing the invading and bringing some principal European countries under its suzerainty, this time around we are being given to understand that it’s migrants to the West who are seeking to colonize the latter. It goes without saying that such inflammatory rhetoric would have the deleterious effect of keeping racial tensions alive in the West and jeopardize all possibilities of the countries concerned cementing and maintaining social stability.
The Trump administration gives the impression of taking a leaf from the politically underdeveloped regions of the South to keep the US polity stable and united. In South Asia, for instance, we are not short of ambitious demagogues who use what is referred to as the ‘race card’ to gather unto themselves a following and thereby further their political fortunes. By seeking to stir and sustain anti-migrant hysteria, the Trump administration is also essentially replicating Nazi Germany’s policy of anti-Semitism. That is, fascism is very much alive in the US under President Trump.
Such efforts at churning racial hysteria at this juncture in the US should not come as a surprise. For all intents and purposes, the Trump administration is nowhere near achieving its aims in West Asia, for instance, in the short term. It has failed to bring Iran down to its knees, as it hoped to do, but is adopting the expedient of keeping the world guessing and confused on what it is doing in the region, since it cannot withdraw from the theatre in a hurry without losing face.
While perhaps working out an escape strategy the Trump administration it seems, is hoping to maintain its following at home intact and silent by playing on their racial biases and insecurities. Hence, the anti-foreigner campaign.
Simultaneously, the Trump administration will need to keep a close eye on how economic pressures on the domestic front are panning out. Anti-administration sentiments first break to the surface at meal tables. On this score, the news cannot be good because the average US family’s spending power ought to be shrinking on account of rising energy and oil prices. Consequently, it would not be a bad idea to keep the attention of the US consumer diverted by adeptly playing ‘the race card’; once again, lessons from intellectually bankrupt Southern politicians are coming in handy.
To be sure such comparisons many politicians in vibrantly democratic countries would find quite unflattering. But the stark truth is that racism cannot be tolerated in civilized societies and those politicians who resort to it risk being branded as racists of the first degree. In fact they could be seen as being on par with the likes of German dictator Adolph Hitler and his close collaborators.
However, on the question of migrant policy the Trump administration would likely be at polar opposites with the most vibrant of liberal democracies of the West. This will be the case with the UK, France and Italy for instance. The latter continue to keep their doors open to legal migrants and they are likely to view a virtual blanket ban on migrants as reprehensible.
Moreover, in the foremost democracies of the West debates are vibrantly ongoing on the need to keep racism or any hint of it completely outlawed in the public plane. There is the case of the UK, for instance, where the authorities continue to emphatically pinpoint their adherence to the principle of anti-racism in the conduct of public affairs.
One proof of the above was the parliamentary debate relating to the killing of 18-year-old Henry Nowak in Southampton. Police handling of the victim came in for sharp scrutiny by particularly the opposition in the House of Commons but there seemed to be a consensus over the main political divide that the matter should not be politicized.
Moreover, the UK authorities stressed in the House the government’s strict adherence to the policy of non-racism. It was also pointed out that British institutions set up to manage racism at the national, county and neighbourhood levels, for example, were very much intact. In fact, Sri Lanka could gain considerably by studying and implementing locally, legislation modeled on the relevant UK laws if it is in earnest when it speaks of ‘reconciliation’.
Accordingly, it is highly unlikely that Western Europe would ‘cave in’, so to speak, to US pressure on issues related to migration. The liberal democracies of Western Europe in particular would remain for the foreseeable future migrant-welcoming, multi-ethnic and plural democracies.
Nor is it likely that Western Europe would be passively receptive to US demands that it drastically increases its defense spending to meet the latter’s aims. Within the Western fold the EU is remaining committed to backing Ukraine, for instance, in its ongoing armed resistance to the Russian invasion and it is not giving any indication of being deferent to US pressure.
However, although tensions would continue to bristle within US-Western Europe relations on the above and numerous other matters of contention it would be far too premature to announce a parting of company between the two sections of the West. In that sense, the post-World War Two order remains essentially intact. There are still many things in common between the two, particular on the economic plane, that will ensure the continuance of the partnership.
Features
A decade among Yala’s ghosts of gold
The first rays of dawn creep over the ancient rocks of Yala. The Indian Ocean glimmers in the distance, and the wilderness slowly awakens. Somewhere amid the scrub jungle, a pair of amber eyes scans the landscape.
For wildlife conservationist and leopard researcher Milinda Wattegedara, moments such as these have defined more than a decade of dedication to one of Sri Lanka’s most iconic creatures—the Sri Lankan leopard.
What began as fascination evolved into a remarkable conservation journey that has transformed the understanding of Yala’s leopard population and placed Sri Lanka firmly on the global wildlife research map.
“Long before I ever lifted a camera, leopards had already captured my imagination,” says Wattegedara. “What fascinated me was not merely their beauty but the complexity of their lives—their hunting strategies, movements, reproductive behaviour and their remarkable ability to adapt to changing environments.”
That fascination led to the birth of the Yala Leopard Diary in 2013, an ambitious long-term project dedicated to documenting individual leopards and unraveling the mysteries surrounding their lives.
For many visitors, a leopard sighting is a fleeting thrill. For Wattegedara and his team, every encounter is a chapter in an ongoing scientific story.
“Each photograph was never the end of an encounter,” he explains. “It was the beginning of deeper questions. How did a particular leopard use the landscape? How did its behaviour change with the seasons? What environmental pressures shaped its decisions?”
These questions drove years of meticulous fieldwork. Every sighting was carefully recorded with details including location, habitat, behaviour, date and time. Photographs were analysed to identify individual animals through unique spot patterns, allowing researchers to distinguish one leopard from another with remarkable accuracy.
What followed was groundbreaking.

YF77 “Shelly” pauses in quiet observation, embodying the alertness
and grace that define Yala’s leopard population.
From 2013 to 2026, the Yala Leopard Diary identified an astonishing 189 individual leopards within the Yala Block 1. The research revealed a leopard density of approximately 0.524 leopards per square kilometre, making Yala one of the highest leopard-density landscapes ever recorded anywhere in the world.
Such findings have elevated Yala’s status among global wildlife researchers.
Nestled between the Indian Ocean and a mosaic of habitats, ranging from rocky outcrops to dense scrub forests, Yala offers an ecological stage unlike any other.
Here, leopards are photographed silhouetted against ocean horizons, perched atop ancient granite formations, resting on tree branches and stalking prey across sunlit grasslands.
The images tell stories of extraordinary lives.
There is Haminee, a devoted mother navigating the challenges of raising cubs in a competitive landscape. There is Lucas, one of Yala’s most frequently documented males, striding confidently across the Gonalabba Plains with the vast ocean forming an unforgettable backdrop.
There is Ruki demonstrating the species’ incredible strength by hoisting prey onto branches, and Shelly, quietly surveying her surroundings in a moment of feline vigilance.
Together, these individuals have become familiar characters in a living wilderness drama.

YM31 “Ruki” secures prey on a branch, illustrating the remarkable strength and coordination of the Sri Lankan leopard.
Recognising the immense value of long-term documentation, Wattegedara joined forces with fellow researchers Dushyantha Silva, Raveendra Siriwardana and Mevan Piyasena to establish the Yala Leopard Centre in 2020.
Located at the Palatupana entrance to the Yala National Park, the centre is believed to be the world’s first information facility dedicated exclusively to leopards.
“The centre serves as a repository of knowledge, accumulated through years of observation and research,” Wattegedara says. “Our goal is to connect visitors with the science behind conservation and foster a deeper appreciation of these magnificent animals.”
The project’s impact extends far beyond Sri Lanka’s borders.
Research arising from the Yala Leopard Diary has been published in internationally recognised scientific journals. One study introduced an innovative framework for identifying individual leopards, while another documented an extraordinary and previously unrecorded case of a leopard cub being consecutively adopted by two different adult females—first a relative and later an unrelated leopardess.
The discovery attracted international scientific attention and highlighted the complexity of leopard social behaviour.
Yet for Wattegedara, the most important lesson remains one of humility.
“One conclusion has become increasingly clear,” he reflects. “Our understanding of these leopards remains far from complete. We are only beginning to understand how they live, adapt and persist in one of Sri Lanka’s most dynamic protected landscapes.”

YF15 “Hope” descends Rukvila Rock at dawn, showcasing the agility and adaptability of Yala’s leopards.
His words underscore an essential conservation truth: the more we learn about nature, the more mysteries emerge.
As Sri Lanka navigates growing environmental challenges, the Yala Leopard Diary stands as a shining example of what sustained observation, scientific curiosity and public engagement can achieve.
Beyond the stunning photographs and remarkable sightings lies something even more valuable—a growing body of knowledge capable of informing future conservation decisions and ensuring that future generations inherit a wilderness where leopards continue to roam free.
For more than a decade, Wattegedara and his colleagues have followed the tracks of Yala’s elusive predators through dust, rain and scorching heat.
Their work has revealed that every leopard has a story, every sighting has significance and every photograph can contribute to conservation.
And perhaps, most importantly, it has reminded us that the golden ghosts of Yala still have many secrets left to share.
By Ifham Nizam
Features
Glamour, music and community spirit …
Sri Lankans are quite active, all around the globe.
News has just come my way, from Glasgow, in Scotland, where the glamour of masks, music, dancing, and community spirit, came together, in spectacular fashion, at Masquerade Night, bringing together members of the Sri Lankan community for an evening filled with music, fashion, food and entertainment.
Organised by Mahesh Balaaratchi (DJ Mowgli) together with Sulochana Asmone, Hiroshini, Prasad, Ashi, and Shawn, the evening provided guests with an opportunity to socialise, enjoy live entertainment, and celebrate in a unique and elegant setting.
Guests arrived from 6:00 pm, dressed in formal attire and decorative masks, creating a colourful and vibrant atmosphere throughout the venue.

DJ Mowgli: The main
organiser of
Masquerade Night
There was a delicious selection of Sri Lankan cuisine and street food, which proved popular throughout the evening.
The buffet offered a variety of traditional favourites, giving attendees a taste of home while adding to the festive atmosphere.
Entertainment was provided by DJ Mowgli, whose performance kept the audience engaged throughout the night. His playlist featured a mixture of popular favourites, dance classics, and cultural music, remixed for a younger generation.
One of the highlights of the evening was the Baila session, which brought a distinctly Sri Lankan flavour to the event.
The Baila segment highlighted the importance of preserving and celebrating cultural traditions, while bringing people together through music and dance.
As familiar rhythms filled the room, guests enthusiastically took to the dance floor, creating one of the most memorable moments of the night.
The crowd was described as lively, energetic, and welcoming, with attendees embracing the spirit of the masquerade theme while enjoying the opportunity to reconnect with friends and meet new people. The family-friendly atmosphere ensured that guests of all ages could take part in the celebrations.
The festivities continued until midnight and included a range of competitions and entertainment.
Children and adults alike participated in fashion shows, while guests competed for awards in several ‘Best Dressed’ categories.
The creativity and effort displayed in both costumes and formal wear added an extra layer of excitement to the evening.
As the final songs played and guests prepared to leave, many were already looking forward to the next Event Night.
The evening’s proceedings were handled by Sam, Mahela and Isuru.
Their enthusiasm reflected the growing popularity of these gatherings and their increasing importance, within the local community calendar.
A series of community events has continued to grow in popularity among the Sri Lankans in Glasgow, with Halloween Night coming up on 31st October.
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