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JVP defends Lal Kantha’s call for devolution of judicial power, promises new Constitution
By Shamindra Ferdinando
The Jathika Jana Balawegaya (JJB) yesterday declared that their coalition intended to introduce a new Constitution following the presidential poll scheduled to be conducted later this year.
Attorney-at-law Sunil Watagala said that as it wouldn’t be possible to enact a new Constitution, soon after the election, the JJB would continue with the existing law of the land for some time. Watagala said that constitutional provisions that were beneficial to the people would be retained.
JVP leader Anura Kumara Dissanayake is also the leader of the JJB.
Addressing the media at their party office, lawyer Watagala assured that the JJB would take tangible measures to address the concerns of the people, pertaining to legal matters, and simplify the relevant laws.
The JVPer alleged that the UNP, led by President Ranil Wickremesinghe, the ruling SLPP, and the main Opposition party, the SJB, had been engaged in a joint campaign to target the JJB and its top leadership. The latest instance is the stepped up attacks on the party over the recent declaration made by JVP heavyweight Lal Kantha that the people (villagers) would be granted the authority to settle legal disputes, Watagala a member of the National Executive Committee of JJB, said.
He claimed that various spokespersons of the Wickremesinghe-Rajapaksa government, as well as the SJB, misinterpreted former lawmaker Lal Kantha’s statement made at their May Day rally to deceive the public as to the JJB’s intentions.
Watagala urged the public not to be deceived by despicable strategies of JJB’s opponents and to appreciate the true meaning of Lal Kantha’s declaration.
Having explained the operation of courts at different levels and the circumstances in which some issues were dealt outside the court system, lawyer Watagala asserted that Lal Kantha suggested creation of a legal mechanism to address issues that could be dealt at village level. Watagala said that their opponents had been working overtime to convince the public that the JVP/JJB intended to grant legal powers to its members.
He maintained that there was no justification or basis whatsoever for that claim. The government and the SJB propagated lies as they had been seriously disturbed by the growing threat posed by the JJB, Watagala said, adding that the lawyers of the JJB were engaged in studies meant to introduce, what he called, a genuine set of laws.
The JVPer said that once they released their manifesto ahead of the presidential poll, the public would be able to comprehend the JJB’s overall plan.
Lawyer Harshana Nanayakkara said that Lal Kantha’s 42-minute speech had been so heavily edited that the vast majority of people watched just 90 second footage. On the basis of that the interested parties deliberately misinterpreted the thrust of his speech, Nanayakkara said. What the ex-lawmaker really emphasized was the responsibility on the part of the government to ensure the public had access to justice.
Underscoring difficulties experienced by people living in the provinces in seeking intervention of the Supreme Court, Nanayakkara suggested that they could look into the possibility of having a Supreme Court in each province.
Referring to what he called court systems implemented at village level in India and Bangladesh, Nanayakkara said that the JJB wouldn’t under any circumstances seek to unilaterally change and implement new laws. Nanayakkara assured that the JJB would discuss the issues at hand with all stakeholders and take meaningful measures to grant maximum possible access for the public.
Attorney-at-law Hemaka Senanayake, Chairman of the JJB lawyers’ association in Colombo said that Lal Kantha’s proposal should be examined taking into consideration devolution of powers. Senanayake pointed out the inordinate delays caused by the existing court system due to a range of reasons and the need for far reaching changes as suggested by Lal Kantha to overcome the difficulties.
Senanayake stressed that changes were necessary to further reduce laws’ delay and expedite the hearing of cases at all courts.
Instead of trying to deceive the public by misinterpreting Lal Kantha’s statement, the powers that be should examine the recently concluded State Minister Diana Gamage’s case, Senanayake said. “How long the case lasted? Why it takes so long to bring the case to a conclusion? How did a foreign national become a lawmaker here? Can anyone explain how she become an office-bearer of a political party, in spite of not being a Sri Lanka citizen? “
Senanayake said that the SJB owed an explanation as to why she was appointed to Parliament through its National List. President Wickremesinghe had appointed a foreigner as a State Minister knowing her background, Senanayake said.
Lawyer Akalanka Ukwaththa said that there was no need to be fearful of devolution of judicial power. Ukwaththa said that attempts were being made to cause panic over Lal Kantha’s statement supportive of genuine representative democracy. Ukwaththa reminded that the former MP also stressed the need for the Prime Minister to be responsible to Parliament. The JVPer said that those fearful of the JJB’s rise were now trying to monger scare stories. “We will definitely establish genuine representative democracy,” Ukwaththa said. He assured that they would enact a new Constitution, new laws and adopt other measures in keeping with the laws of the country.
President’s Counsel Upul Kumarapperuma examined Lal Kantha’s call for devolution of legal powers against the backdrop of the 13th Amendment to the Constitution that devolved administrative powers to the provinces.
Kumarappeuma decried the attempts to compare the situation during 1987-1990 insurgency with the possible scenario in case the JJB won the presidential polls. Referring to Lal Kantha’s controversial May Day speech, the lawyer said that the ex-MP had underscored the need to further devolve legal powers/authority as part of overall efforts to deal with cases expeditiously.
News
Govt plans to hire 121,000 state workers, redistribute tax revenue
MONETABRIEF –Sri Lanka plans to hire 121,000 state workers to fill identified vacancies over the next year as part of plans to return tax money to the economy President Anura Kumara Dissanayake has said.
For many years employment was restricted to the state service.
“We will not hire in a ad hoc manner (hithoo hithoo vidiyater),” President Dissanayake told a public rally in Akuressa.
“A committee under the Prime Minister and asked each agency what the vacancies were. Was it essential? Will these people stay with no work? We will hire 121,000 to the state service in that manner. This year. We have not hired all.”
“10,000 for the Police. 23,000 teachers. Then a young person in the village will get a job. A teacher will be there. They will get an economic strength. They will join the police.
“Next year we will give a special allowance to police in the budget. They work 18 hours. They will get a uniform with a batton and kid. When the jobs are created, economic opportunities will be created.
“Then the benefits that the economy got will to the people.”
When Sri Lanka defaulted around 80 percent of the tax revenues went to pay state worker salaries and pensions after rising to 50 percent when the stimulus for economic growth (potential output targeting) initially started.
With more money in the Treasury capital expenditure will also be increased to 2,000 billion rupees in the 2027 budget.
Sri Lanka is planning to build some expressways with domestic financing which may trigger more imports and require higher interest rates to maintain external stability.
Opposition leader Sajith Premadasa also pushed to hire more unemployment graduate in parliament transferring more taxes collected from the people to able bodied population.
Analysts had warned that ‘revenue based fiscal consolidation’ was a spurious doctrine as spending will catch up to match revenue.
Generally called Parkinson’s Second Law, the phenomenon was articulated by Nortcote C Parkinson in an article in the Economist magazine in 1955 when he was working at the Raffles University campus in Singapore (now NUS).
Sri Lanka went on a revenue based fiscal consolidation drive from 2015 and eventually defaulted as ‘policy support’ intensified with aggressive central bank activism under a 5 percent inflation target after the agency was taught by the IMF to calculate potential output targeting.
In Sri Lanka politicians are against printing money but macro-economists support high inflation and monetary depreciation. When people are impoverished by depreciation and the high inflation target of the central bank, Aswesuma (income support) benefits are increased.
In 2026 the rupee collapsed to 330 to the US dollar from 300 a year earlier as the government ran a budget surplus.
Macro-economists who cut rates had blamed budget deficits for external trouble since money printing to suppress interest rates started in 1952. What is now called ‘rate cuts’ were not invented at the time.
Meanwhile another method of spending money in the Treasury was to give subsidies, President Dissanayake said. The subsidies will however be targeted to the deserving.
These included persons affected by kidney disease, orphans in care who will get 5,000 rupee a month deposited into their accounts and 2 million rupee when they leave the home to build a house.
The time in the care home had been extended from 18 to 21 years, he said.
It was not a good idea to give subsidies to all, President Disssanayake said.
However, even in rich countries there were a section of the population that had to be supported and others who faced sudden crises in their lives.
Politicians in Sri Lanka are against money printing and pushing up the cost of living, but are unable to do anything as the central bank is independent and has a 5-7 percent.
The International Monetary Fund has supported Sri Lanka’s controversial 5-7 inflation target which was to have been revised in October, delivering a blow to advocates who want monetary stability, free trade and democratic rule for the country.
The central bank exceeded its target and pushed up inflation to 8 percent in 2026.
Though opposed inflation and being prepared to raised taxes, politicians in a democratic set up dominated by are they are under pressure to spend, whenever tax revenues increase.
Macro-economists also push politicians to engage in capital spending not for benefits that come after a project is completed, as in the classical period, but for the instant gratification of the ‘multiplier effect’ of Keynesian stimulus or what is called ‘policy support’ by the IMF.
The thinking of macro-economists well-articulated in ‘revenue based fiscal consolidation’ which was rejects the classical ‘spending based consolidation’ match political needs.
Many western nations including the US, which has been in the grip of stimulus advocates over over 20 years are now drifting towards debt crises with uncontrollable inflation under so-called ample reserve regimes operated by central banks.
Sri Lanka first started to go to the IMF in the 1960s as US macro-economists in particular started to push ‘full employment’ policies leading to the collapse of the Bretton Woods a few year later.
“Past experience in Ceylon, which is in line with experience in virtually all parts of the world, is that in a democratic set up political and other pressures are heavily on the side of more and more spending by the government,” B R Shenoy, a classical economist told the then Ceylon government in a policy document in 1966.
“When Revenues increase, under the weight of these pressures, expenditures too increase to meet, or even exceed, Revenue collections. In Ceylon during the past seven years Revenues rose by 45 per cent and Expenditures charged to Revenues by 48 per cent.
“There is a real danger that any programme for increased Revenue collections may be attended by a corresponding increase in the consumption expenditures of the government, and little may be left of the additional Revenues to cover Budget deficits.”
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Parliament clears 22A amid protests
The government secured the required two-thirds majority in Parliament on Friday to pass the Twenty-Second Amendment to the Constitution Bill, despite opposition from the SJB, the ITAK, the SLPP, the SLMC, and other opposition parties.
The Bill received 158 votes in favour and 63 against. The Judicature (Amendment) Bill was also passed by the same margin.
The two Bills were passed following a two-day parliamentary debate and several hours of voting, with Opposition MPs calling for separate divisions on clauses of the Judicature (Amendment) Bill during the Committee Stage. The final vote on that Bill was announced around 8.08 p.m.
The 22nd Amendment provides for increasing the retirement age of Supreme Court judges from 65 to 67 and that of Court of Appeal judges from 63 to 65. The Chief Justice would retire at 67 or after six years in office, whichever comes first.
The Supreme Court determined that the constitutional amendment did not require a referendum and could be passed with a special two-thirds majority. It also determined that the Judicature (Amendment) Bill could be passed by a simple majority.
The Bills were presented for their Second Reading on Thursday by Justice and National Integration Minister Harshana Nanayakkara.
The SJB mounted a strong protest against the legislation, with its MPs wearing black in Parliament yesterday and party members staging a demonstration at Polduwa Junction, Battaramulla.
Opposition Leader Sajith Premadasa and several SJB politicians participated in the protest held under the theme “No to 22, which destroys democracy”.
ITAK and SLMC MPs voted against the Bills alongside the SJB.NDF MPs Ravi Karunanayake and Faizer Musthapha and SJB Badulla District MP Nayana Wasalathilaka were absent during the voting.
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Sajith likens 22A to ‘Emperor’s New Clothes’
Opposition Leader Sajith Premadasa yesterday likened the Government’s justification of the proposed 22nd Amendment to Hans Christian Andersen’s “The Emperor’s New Clothes”, claiming that the amendment would undermine judicial independence, democracy and the separation of powers.
Speaking in Parliament during the debate on the 22nd Amendment, Premadasa said the Government portrayed the constitutional amendment as a measure aimed at protecting democracy, but alleged that its actual effect would be to strengthen executive influence over the Judiciary.
He said the amendment would erode public confidence in judges and turn the Judiciary into a “tool and puppet” of the Executive.
Premadasa recalled the constitutional changes introduced through the 17th, 18th, 19th, 20th and 21st Amendments, arguing that executive powers had been repeatedly reduced and restored under successive governments.
He also criticised politicians who had supported several of those amendments while continuing to receive public support at elections.
The Opposition Leader referred to the impeachment of former Chief Justice Shirani Bandaranayake and accused those who had supported her removal of later taking positions in favour of judicial independence.
He also referred to a court order concerning the holding of local government elections, saying some politicians who had previously defended judicial independence had subsequently called for judges who issued the order to be summoned before a Parliamentary Select Committee.
Premadasa said the Samagi Jana Balawegaya had consistently defended judicial independence in both instances.
He also questioned the Government’s proposal to extend the retirement age of senior judges, saying no proper study had been conducted to justify the measure. He referred to a 2023 Asian Development Bank study, claiming that extending judges’ retirement age had not been identified as a solution to problems facing the Judiciary.
The Opposition Leader further questioned the Government’s position that a referendum was unnecessary for the 22nd Amendment, recalling arguments made by President Anura Kumara Dissanayake in support of a referendum during the 20th Amendment process.
The Supreme Court has determined that the 22nd Amendment Bill does not require approval at a referendum under Article 83 of the Constitution, while requiring certain textual changes to the Bill.
Premadasa also accused the Government of departing from its manifesto pledge to abolish the executive presidency and alleged that it was instead seeking to increase executive influence over state institutions.
He urged the Government to withdraw the Bill, alleging that it would weaken checks and balances and move the country towards one-party rule.
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