Editorial
It’s the Executive Presidency, stupid!
Thursday 22nd April, 2022
All politicians who are out of power pledge to abolish the executive presidency. They follow Machiavelli’s advice when there occurs a rebound in their political fortunes; then, they renege on their promise. The SJB has submitted a draft 21st constitutional amendment (21-A) to the Secretary General of Parliament. It wants the executive presidency scrapped and Parliament strengthened.
The proposed amendment also seeks to prevent crossovers from receiving ministerial posts. It says the jurisdiction of the Supreme Court (SC) in cases concerning the MPs expelled from their parties for defection should be confined to the legal merits of the expulsions concerned; the apex court should have no jurisdiction as regards the procedures adopted by the party in expelling the MPs concerned. This smacks of an attempt to straitjacket the Supreme Court, which, we believe, should be free to examine all procedural aspects of expulsions to ensure that political parties do not arbitrarily sack their MPs. True, dosh-induced crossovers have caused a severe erosion of public faith in the parliamentary system, and action must be taken to prevent the MPs from being bribed into defecting, but they should be dealt with in a fair manner; and their expulsions ought to be open to unrestricted judicial scrutiny, which is the only antidote to party leaders’ dictatorial action.
The 19th Amendment (19-A) reduced the Executive President to a titular Head of State for all practical purposes. President Maithripala Sirisena was lucky that he was able to retain some vital executive powers despite the implementation of 19A; he benefited from transitional provisions, and could hold ministerial posts but it was Prime Minister Ranil Wickremesinghe who called the shots in the yahapalana government. So, the question is whether there will be any need to scrap the Executive Presidency if 19-A is fully restored.
The SJB’s proposal for reintroducing and strengthening the Constitutional Council (CC) is certainly welcome. This vital institution should be brought back for the Independent Commissions to function properly. However, the Prime Minister should not be allowed to keep the CC under his or her thumb. The CC became a mere rubber stamp for the PM under the yahapalana government.
It is hoped that 21-A will vest more powers in the national anti-graft commission. The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has failed to live up to people’s expectations. Crooks thriving at the expense of the public have become too big to be caught. Most of all, the CIABOC must be constitutionally empowered to initiate probes without waiting for complaints. All political parties joined forces to strip it of that power in 1994.
The draft 21-A proposes that the number of Cabinet ministers be limited to 25. This country, in our opinion, does not need more than 15 ministers, and an equal number of deputy ministers. The nine Provincial Councils have 45 ministers.
The need for perks and privileges of the MPs and ministers to be curtailed cannot be overemphasised. We should adopt the Swedish model. In Sweden, the MPs and ministers are given only bus/train passes. Politicians do not feel the need to develop the public transport sector here because they move about in luxury vehicles, and congested roads are cleared for them much to the consternation of the public.
Let the Opposition be urged to revise the draft 21-A to include a section to enable the post-enactment judicial review of laws. At present, laws passed by Parliament become faits accomplis even if they happen to contain sections that are not ratified by the House. The election laws that allow political party leaders to fill the National List (NL) vacancies by appointing persons who are neither defeated candidates nor NL nominees are a case in point.
There should be a constitutional mechanism to prevent governments from signing agreements which are detrimental to the national interest. Perhaps, the proposed Council of State could be entrusted with the task of examining such pacts, which must however be vetted by the Attorney General besides being presented to the public for their views and approved by Parliament.
It has been proposed in some quarters that provision should be made for recall elections so that the MPs will have to be mindful of public opinion lest they should be unseated. This proposal should be given serious thought; such a law may also discourage crossovers.
The SJB’s proposal that the National Security Council (NSC) be given constitutional recognition is timely. The NSC should not be the plaything of the Head of State. It has now been revealed that if the NSC had functioned properly, the Easter Sunday carnage could have been averted.
Prime Minister Mahinda Rajapaksa has told Parliament that the 19-A should be brought back with some changes. The SJB has beaten him to it by submitting 21-A. It is hoped that the SLPP and the SJB will not lock horns over constitutional amendments. All roads are said to lead to Rome. The 20th Amendment must be deep-sixed. The sooner, the better.
Editorial
Jekylls and Hydes
Monday 29th December, 2025
Sri Lankan politicians love the media dearly and take up the cudgels for the rights of journalists when they are out of power. The JVP/NPP leaders also defended the media to the hilt while they were languishing in the Opposition. Jekylls become Hydes after being ensconced in power, with the media exposing their failures and malpractices. Those who can, do; those who cannot, attack the media, one may say of the governments in this country, with apologies to Bernard Shaw.
The JVP-led NPP government, angered by bad press, is all out to intimidate the media it cannot control. Previous governments had the police on a string and used them to attack and harass independent journalists. The incumbent administration has gone a step further; the police have reportedly written to the Telecommunications Regulatory Commission (TRC), asking for action against Hiru TV for what they describe as broadcasting unverified, misleading news. Thus, the government has used the police to give Hiru a choice between toeing the official line and losing its licence. Thankfully, its efforts have run into stiff resistance, with media institutions and various associations circling the wagons around Hiru.
If the government thinks Hiru or any other media institution disseminates false information to the detriment of its interests, legal avenues are available for it to seek redress. The police must not be used as a political tool to intimidate the media.
Among the current defenders of the media are the SLPP, the UNP, the SLFP, etc. Their leaders are shedding copious tears for Hiru. But it was while the UNP and SLPP leaders were in power that the suppression of media freedom and violence against journalists became institutionalised for all intents and purposes. UNP governments not only throttled media freedom but also murdered journalists. SLFP regimes had media institutions attacked and journalists killed. An SLFP-led government, with the current SLPP leaders at the helm, had media institutions torched and journalists abducted, assaulted and murdered. These sinners currently in the political wilderness are condemning other sinners in power for suppressing media freedom.
The government deserves the bad press it gets. The police have been reduced to a mere appendage of the JVP/NPP. Two of the NPP’s Retired Police Collective members, namely former Senior DIG Ravi Seneviratne and former SSP Shani Abeysekera, have been appointed Secretary to the Public Security Ministry and CID Director, respectively. Absurd claims the police make in defence of the government remind us of Matilda, whose dreadful lies made one gasp and stretch one’s eyes.
When the police were asked why NPP MP Asoka Ranwala had not been subjected to a breathalyser test immediately after a recent road accident he caused, they had the chutzpah to claim they had run out of test kits. They transferred two of their officers over the incident to enable the government to save face. They arrested one of their own men assaulted by an NPP MP following a recent police raid on a cannabis cultivation in Suriyakanda. Acting just like legendary King Kekille, they let the MP off the hook and arrested the policeman, who was bailed out; they went on to suspend him from service. A few months ago, they unashamedly sided with a group of JVP cadres who stormed a Frontline Socialist Party office in Yakkala and forcibly occupied it. They go out of their way to ensure that the arrests of drug dealers with links to the Opposition get maximum possible publicity, but they do their best to keep the media in the dark when narcotics dealers with ruling party connections are taken into custody. They crack down on Opposition politicians and activists but steer clear of government members and their supporters. The despicable manner in which they are doing political work for the government reminds us of the Gestapo. Now, they are zeroing in on Hiru TV at the behest of their political masters for exposing their sordid actions.
The only way the NPP government can overcome problems and challenges on the political front and shore up its crumbling image is to mend its ways and fulfil its election pledges while taking action against its errant members who have brought it into disrepute and turned public opinion against it. Shooting the messenger is not the way to set about the task.
Editorial
Executive brinkmanship
Pressure is mounting on President Anura Kumara Dissanayake to ensure that an Auditor General is appointed without further delay. But he has remained unmoved. He is determined to wear down the Constitutional Council (CC) and appoint one of his party loyalists as Auditor General. The CC has rejected his nominees—and rightly so; they are not eligible. Former Executive Presidents went all out to railroad the CC into rubber-stamping their decisions. They had no qualms about doing so while claiming to uphold the independence of the public service. President Dissanayake has failed to be different. His refusal to compromise amounts to brinkmanship; he is waiting until the CC blinks.
The NPP’s election manifesto, A Thriving Nation: A Beautiful Life, attributes the deterioration of the public service to ‘political appointments’ and state workers making political decisions. Among the steps the NPP has promised to take to straighten up the public service are ‘merit-based appointments and promotions’. This principle has fallen by the wayside where the question of appointing the Auditor General is concerned.
The government should take cognisance of the possible negative effects of the prolonged delay in appointing the Auditor General during a period of disaster response and international relief and rebuilding support.
The Bar Association of Sri Lanka has called upon President Dissanayake to appoint a person with proven competence, integrity, and independence, who commands wide acceptance as Auditor General forthwith. It has stressed the need to appoint a nonpartisan professional as the Auditor General to safeguard the integrity of the National Audit Office and inspire the confidence of both citizens and international partners in the financial governance of the State.
Transparency International Sri Lanka, the Civil Society Organizations (CSOs) and the other good governance activists, too, have faulted President Dissanayake and his government for the inordinate delay in appointing the Auditor General. They are of the view that a strong, independent Auditor General enables Parliament and the public to scrutinise government expenditure, identify irregularities, prevent misuse of funds, and ensure that those entrusted with public resources are held to account. The delay in appointing the Auditor General has weakened the effectiveness, authority, and the independence of the entire public audit system and created space for inefficiency, mismanagement, and corruption, they have noted. The situation will take a turn for the worse if the government succeeds in having one of its cronies appointed Auditor General.
The government is apparently playing a waiting game in the hope that the reconstitution of the CC due next year will provide a window of opportunity for it to appoint one of its loyalists as Auditor General.
Why the government is so desperate to place a malleable person at the helm of the National Audit Office is not hard to understand. If it succeeds in its endeavour, the next Auditor General will be beholden to the JVP/NPP. When an ineligible person is elevated to a high post, he or she naturally becomes subservient to the appointing authority. Such officials go out of their way to safeguard the interests of their political masters in case of irregularities involving state funds and other accountability issues.
A protracted delay in appointing the Auditor General or the appointment of a government supporter to that post will increase the risk of mismanagement of state funds and corruption, lead to the erosion of public trust and confidence in the National Audit Office, undermine legislative oversight and impair fiscal discipline. Most of all, the government’s failure to appoint a competent, independent person of integrity as Auditor General will diminish donor confidence especially at a time when the country is seeking disaster relief funds from the international community. There is no way the government can justify its refusal to appoint the current Acting Auditor General as the head of the supreme audit institution. He is obviously the most eligible candidate.
Editorial
Selective transparency
Saturday 27th December, 2025
The NPP government has released a cordial diplomatic letter from Indian Prime Minister Narendra Modi to President Anura Kumara Dissanayake, and gained a great deal of publicity for it as part of a propaganda campaign to boost Dissanayake’s image. Such moves are not uncommon in politics, especially in the developing world, where the heads of powerful states are deified and their visits, invitations and letters are flaunted as achievements of the leaders of smaller nations. However, the release of PM Modi’s letter to President Dissanayake is counterproductive, for it makes one wonder why the government has not made public the MoUs it has signed with India?
PM Modi’s Sri Lanka visit in April 2025 saw the signing of seven MoUs (or pacts as claimed in some quarters) between New Delhi and Colombo. Prominent among them are the MoUs/pacts on the implementation of HVDC (High-Voltage Direct Current) Interconnection for import/export of power, cooperation among the governments of India, Sri Lanka, and the United Arab Emirates on developing Trincomalee as an energy hub, and defence cooperation between India and Sri Lanka.
The NPP government has violated one of the fundamental tenets of good governance––transparency; there has been no transparency about the aforesaid MoUs or pacts, especially the one on defence cooperation. They cannot be disclosed without India’s consent, the government has said. This is a very lame excuse. The JVP/NPP seems to have a very low opinion of the intelligence of the public, who made its meteoric rise to power.
When the JVP/NPP was in opposition, it would flay the previous governments for signing vital MoUs and pacts without transparency. But it has kept even Parliament in the dark about the MoUs/pacts in question.
Ironically, the JVP, which resorted to mindless violence in a bid to scuttle the signing of the Indo-Lanka Accord in 1987, has sought to justify the inking of an MoU/pact on defence cooperation between Sri Lanka and India and keeping it under wraps, about three and a half decades later. The signing of that particular defence MoU/pact marked the JVP’s biggest-ever Machiavellian U-turn. How would the JVP have reacted if a previous government had entered into MoUs with India and kept them secret? It opposed the proposed Economic and Technology Cooperation Agreement (ETCA) between Sri Lanka and India tooth and nail, didn’t it?
Whenever one sees the aforesaid letter doing the rounds in the digital space, one remembers the MoUs/pacts shrouded in secrecy, which have exposed the pusillanimity of the NPP government, whose leaders cannot so much as disclose their contents without India’s consent.
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