Features
Legislative reforms in Ceylon under the British up-to-date

By Nihal Seneviratne
It is widely accepted by all that the early beginnings of legislative reforms in Ceylon started with the arrival of the Colebrook and Cameron Commission in 1833. The commission named after its two prominent members, Johnston Colebrook and Charles Hay Cameron, played a pivotal role in shaping the future of the island.
This commission was established by the British colonial office with the aim of comprehensively studying and reforming various aspects of Ceylon society. One of the key areas of focus for the commission was the legal system of Ceylon. The commission recommended the establishment of a unified legal system based on the English common law which became the foundation for the modern legal system in Ceylon.
It also recommended the establishment of English medium schools which laid the groundwork for the introduction of Western education. In 1835 was established the Colombo Academy which in later years turned out to be Royal College founded by the Governor Horton.
However it is important to acknowledge that the commission recommendations were not without controversy. Some argued that the reforms favoured the interests of the British colonial administration and the emerging local elite while neglecting the rights and aspirations of the major population.
While the commission’s work has been the subject of debate and critique, it serves as a reminder of the complex dynamics between colonial powers and the societies they governed. It was over a long period that the British wanted to gradually handover power to the people. They were entirely conscious of the Sinhala and Tamil elite who did much for British interests and the rulers wanted to adjust the order of things to partly meet their demands.
Thus was established our Executive and Legislative Councils – the two cornerstones along with the Governor and the Colonial Secretary. The Executive Council comprised of six plus the governor and the Legislative Council consisted of all six members of the Executive Council plus four other members (the GA of the Western Province, the Surveyor General, the Principal Collector of Customs and the Attorney General). The unofficial members comprised Sinhalese, Tamils and Burghers. The European community was also represented.
Some of the Sinhalese representatives were Philip Panditaratne, J G Dias, E J Dedigama, James d’ Alwis, J P Obeysekere, William Ellawala and S W Wanninayake. The Tamil representatives were A Coomaraswamy Pulle, Simon Casie Chetty, Muttu Coomaraswamy, Ponnambalam Coomaraswamy, Ponnambalam Ramanathan, Dr W G Rockwood and A Kanagasabey. The Burgher representatives were R J Morgan, C A Lorensz, C A Ferdinando, J Vanculenberg, P D Anthonisz, A L Wendt, and J C Loos.
The functioning of these two councils were found to be ineffectual as there was a need to grant more power to the people. It was then that the Secretary of State for the Colonies appointed the Donoughmore Commission.
Dr Drummond Shields, Francis Butler and Lord Donoughmore arrived in Ceylon in 1927. They recommended universal suffrage for all men and women over 18-yers to be entitled to vote which was indeed a rare move for the countries in South East Asia. They recommended that the two Councils be replaced by a State Council. There were two State Councils elected – one from 1931 to 1936 and the other from 1936 to 1939.
The first State council was composed of 28 low country Sinhalese, 10 Kandyan Sinhalese, three Ceylon Tamils, two Indian Tamils, two Europeans and two Muslims.The second State Council comprised 31 low country Sinhalese, eight Kandyan Sinhalese, eight Ceylon Tamils, two Indian Tamils and one European.
The State Council had increased powers and could make laws on specific subjects – the State Council had a board of ministers which acted as the executive body. The board was responsible for the day-to-day administration of the country and the board had a minister for each subject and was appraised by the Governor.
The functioning of the two State Councils was found to be wavering and mediocre. So the British government appointed the Soulbury Commission to visit Ceylon and grant wider powers.
The Soulbury Commission comprised of (first Baron later Viscount Soulbury, J F Rees and S J Burrows. The British government, just after World War II was not quite ready to prepare a new constitution for Ceylon. The colonial office was not ready at all and they consulted Prime Minister D S Senanayake about drafting new legislation in Ceylon itself. The legal draftsmen at that time were two Britishers, Drayton and Nevill.
So the task of drafting a new constitution was passed on to the draftsmen, like Namasivayam Mahadeva and B P Pieris, who undertook the work. Sir Ivor Jennings was in Ceylon at the time and had prepared a draft – there was also the report of the Soulbury Commission, a whole paper embodying the demands of the UK government.
B P Pieris’ draft was finally approved by Drayton and Nevill and was submitted to D S Senanayake, the PM. It was widely believed that the Prime Minister had told B P Pieris that he would be hanged by his neck if there was any leak of the draft and moreover the CID had been put on the job to have surveillance over the drafts as it was considered a top secret.
The Soulbury Commission recommended a parliament of two houses- a House of Representatives and a Senate. The House of Representatives comprised a total of 101 MPs consisting of 95 elected members and six others nominated by the Governor General, on the advice of the PM. The Senate (ultimately abolished in 1971) was to comprise 30 members, 15 elected by the House and 15 appointed by the Governor General. The Ceylon Constitution Order-in-Council was approved by His Majesty the King and was gazetted.
The Soulbury Commission had two very important sections included in the new constitution- S 29 (2) which prevented any bill, motion or resolution being entertained in parliament which meant that no special advantage be conceded to any racial or religious group. The other section was re the appointment of a Public Service Commission. Under this no minister could appoint any public servant or transfer or take any disciplinary action against a public servant as the sole power was with the Public Service Commission.
Very sadly the PSC did not have these powers in the subsequent 1972 republican constitution. The standing orders of parliament were drafted by B P Pieris together with the help of Sir Edward Fellowes, clerk to the British House of Commons and by Ralph Deraniyagala the clerk of the House of Representatives.
The new government was established with the promulgation of the new constitution. The new Governor General Henry Monk-Mason Moore called on D S Senanayake to form a cabinet. This first cabinet of Ceylon comprised of 14 – namely J R Jayewardene, L A Rajapakse, S W R D Bandaranaike, Sir Oliver Goonetilleke, George E de Silva, Sir John Kotalawela, Dudley Senanayake, R S S Gunawardene, C. Suntheralingam, T B Jayah, E A Nugawela, A Ratnayake and C Sittampalam.
The very first meeting was held on October 8, 1947. Order-in-Council to remove limitations of self-government in the Ceylon constitution was passed. The following motion was passed in Parliament:
“This House rejoices that after many years of subjugation to foreign rule the struggle of the people of Ceylon for freedom has culminated in the attainment of Independence.” The First Parliament was opened by the Duke of Gloucester.
Birth of the 1972 Constitution: Mrs Sirimavo Bandaranaike was appointed Prime Minister in 1972 and appointed Dr Colvin R de Silva as Minister of Constitutional Affairs. Mrs Bandaranaike moved a resolution in the House in July 1970 that all 225 Members of the House be appointed Members of the Constitutional Assembly to draft a new constitution for Sri Lanka replacing the Soulbury Constitution.
Dr Colvin R de Silva was of the opinion that the Soulbury Constitution was established by the British Government and felt that a Sri Lanka-made constitution should replace it, severing all connections with the Soulbury Commission. It was decided that that all 225 MPs be a part of the Constituent Assembly and decided that they should meet at Navarangahala at the Royal Primary School.
This Constituent Assembly sat on 49 occasions from July 19, 1970 to May 22, 1972 at the Navarangahala Hall and deliberated. Dr de Silva chose Walter Jayawardene, a Barrister from the UK and close friend of his to be Secretary to the Constituent Assembly and Mr Sam Wijesinha and myself were appointed as Asst. Secretaries.
The shift towards a republican constitution was driven by the desire to establish a more independent and sovereign nation, free from the vestiges of colonial influence. One of the key features of the republican constitution was changing the name of the country from Ceylon to the Republic of Sri Lanka and making the last serving Governor-General of Ceylon, Mr. William Gopallawa as the first (Non-executive) President of the Republic. The new constitution symbolized the growing determination for the country to assert its own identity and self governance.
The Republican Constitution emphasized the concept of sovereignty and the unity of Sri Lanka as a multi-ethnic and multi-religious nation. It recognized Sinhalese as the official language promoting the cultural heritage of the majority Sinhala population. However this decision also created tensions and grievances among the Tamil-speaking minority communities leading to political and social unrest in the years to come.
Furthermore the republican constitution introduced a a unicameral legislature called the National State Assembly replaced by the previous bicameral system. The Prime Minister along with the cabinet became the executive body responsible for governing the country and implementing policies.
It is important to write that the 1972 Republican Constitution was not without its controversies and errors. Many argued that it marginalized minority communities and failed to address adequately their concerns. This laid the groundwork for subsequent constitutional reforms. This republican constitution was a significant turning point in the country’s constitutional history.
In 1977 J R Jayewardene came to power with a 5/6 majority. Soon after in October 29,, 1977 the leader of the House moved that a select committee be set up to consider a revision of the constitution.
On November 3, 1977 the Speaker made the announcement that J R Jayewardene be appointed as Chairman of the select committee and that Mr R Premadasa, Lalith Athulathmudali, Mr Ronnie de Mel, Mr Gamini Disanayake, Mr K W Dewanayagam, Mr M H M Naina Marikkar, Mr S Thondaman, Ms Sirimavo Bandaranaike and Mr Maithripala Senanayake be its members.
The committee sat for 14 days from January to June 1978. On August 10, 1978 the new constitution was adopted in the House. For the very first time we saw the departure from the Westminster system and the introduction of presidential system. Much has been written about its pros and cons and a controversy survives to this day.
A final, personal comment. It was President J R Jayewardene’s last day in parliament (before he became executive president). In the lobby of the parliament I went up to him and said “Sir you have a log history in this House and we are all sorry to not see you here any more.”
He replied: “Nihal, I want to see parliament from a distance and make up my mind. I will be in touch with parliament”, and left for the last time.
The writer is a retired Secretary General of the Sri Lanka Parliament.
Features
South’s ‘structural deficiencies’ and the onset of crippled growth

The perceptive commentator seeking to make some sense of social and economic developments within most Southern countries today has no choice but to revisit, as it were, that classic on post-colonial societies, ‘The Wretched of the Earth’ by Frantz Fanon. Decades after the South’s initial decolonization experience this work by the Algerian political scientist of repute remains profoundly relevant.
The fact that the Algeria of today is seeking accountability from its former colonizer, France, for the injustices visited on it during the decades of colonial rule enhances the value and continuing topicality of Frantz’s thinking and findings. The fact that the majority of the people of most decolonized states are continuing to be disempowered and deprived of development should doubly underline the significance of ‘The Wretched of the Earth’ as a landmark in the discourse on Southern questions. The world would be erring badly if it dismisses this evergreen on decolonization and its pains as in any way outdated.
Developments in contemporary China help to throw into relief some of the internal ‘structural deficiencies’ that have come to characterize most Southern societies in current times. However, these and many more ‘structural faults’ came to the attention of the likes of Fanon decades back.
It is with considerable reservations on their truthfulness that a commentator would need to read reports from the US’ Office of the Director of National Intelligence (ODNI) on developments in China, but one cannot approach with the same skepticism revelations on China by well-known media institutions such as Bloomberg News.
While an ODNI report quoted in this newspaper on March 25th, 2025, elaborated on the vast wealth believed to have been amassed by China’s contemporary rulers and their families over the years, Bloomberg News in a more studied manner said in 2012, among other things, on the same subject that, ‘Xi’s extended family had amassed assets totaling approximately $376 million, encompassing investments in sectors like rare earth minerals and real estate. However, no direct links were established between these assets and Xi or his immediate family.’
Such processes that are said to have taken hold in China in post- Mao times in particular are more or less true of most former colonies of the South. A clear case in point is Sri Lanka. More than 75 years into ‘independence’ the latter is yet to bring to book those sections of its ruling class that have grown enormously rich on ill-gotten gains. It seems that, as matters stand, these sections would never be held accountable for their unbounded financial avarice.
The mentioned processes of exploitation of a country’s wealth, explain in considerable measure, the continuing underdevelopment of the South. However, Fanon foresaw all these ills and more about the South long ago. In ‘The Wretched of the Earth’ he speaks insightfully about the ruling classes of the decolonized world, who, having got into the boots of the departing colonizers, left no stone unturned to appropriate the wealth of their countries by devious means and thereby grow into the stratum described as ‘the stinking rich.’
This is another dimension to the process referred to as ‘the development of underdevelopment.’ The process could also be described as ‘How the Other Half Dies’. The latter is the title of another evergreen piece of research of the seventies on the South’s development debacles by reputed researcher Susan George.
Now that the Non-aligned Movement is receiving some attention locally it would be apt to revisit as it were these development debacles that are continuing to bedevil the South. Among other things, NAM emerged as a voice of the world’s poor. In fact in the seventies it was referred to as ‘The trade union of the poor.’ Accordingly, it had a strong developmental focus.
Besides the traditional aims of NAM, such as the need for the South to keep an ‘equidistance’ between the superpowers in the conduct of its affairs, the ruling strata of developing countries were also expected to deliver to their peoples equitable development. This was a foremost dimension in the liberation of the South. That is, economic growth needed to be accompanied by re-distributive justice. In the absence of these key conditions no development could be said to have occurred.
Basing ourselves on these yardsticks of development, it could be said that Southern rulers have failed their peoples right through these decades of decolonization. Those countries which have claimed to be socialistic or centrally planned should come in for the harshest criticism. Accordingly, a central aim of NAM has gone largely unachieved.
It does not follow from the foregoing that NAM has failed completely. It is just that those who have been charged with achieving NAM’s central aims have allowed the Movement to go into decline. All evidence points to the fact that they have allowed themselves to be carried away by the elusive charms of the market economy, which three decades ago, came to be favoured over central planning as an essential of development by the South’s ruling strata.
However, now with the returning to power in the US of Donald Trump and the political Right, the affairs of the South could, in a sense, be described as having come full circle. The downgrading of USAID, for instance, and the consequent scaling down of numerous forms of assistance to the South could be expected to aggravate the development ills of the hemisphere. For instance, the latter would need to brace for stepped-up unemployment, poverty and social discontent.
The South could be said to have arrived at a juncture where it would need to seek ways of collectively advancing its best interests once again with little or no dependence on external assistance. Now is the time for Southern organizations such as NAM to come to the forefront of the affairs of the South. Sheer necessity should compel the hemisphere to think and act collectively.
Accordingly, the possibility of South-South cooperation should be explored anew and the relevant institutional and policy framework needs to be created to take on the relevant challenges.
It is not the case that these challenges ceased to exist over the past few decades. Rather it is a case of these obligations being ignored by the South’s ruling strata in the belief that externally imposed solutions to the South’s development questions would prove successful. Besides, these classes were governed by self- interest.
It is pressure by the people that would enable their rulers to see the error of their ways. An obligation is cast on social democratic forces or the Centre-Left to come to center stage and take on this challenge of raising the political awareness of the people.
Features
Pilot error?

On the morning of 21 March, 2025, a Chinese-built K-8 jet trainer aircraft of the Sri Lanka Air Force (SLAF) crashed at Wariyapola. Fortunately, the two pilots ejected from the aircraft and parachuted down to safety.
A team of seven has been appointed to investigate the accident. Their task is to find the ‘cause behind the cause’, or the root cause. Ejecting from an aircraft usually has physical and psychological repercussions. The crew involved in the crash are the best witnesses, and they must be well rested and ready for the accident inquiry. It is vital that a non-punitive atmosphere must prevail. If the pilots believe that they are under threat of punishment, they will try to withhold vital information and not reveal the truth behind what happened, prompting their decision to abandon the stricken aircraft. In the interest of fairness, the crew must have a professional colleague to represent them at the Inquiry.
2000 years ago, the Roman philosopher Cicero said that “To err is human.” Alexander Pope said, “To err is human. To forgive, divine.” Yet in a Royal Air Force (RAF) hangar in the UK Force (RAF) hangs a sign declaring: “To err is human. To forgive is not RAF policy” These are the two extremes.
Over the years, behavioural scientists have observed that errors and intelligence are two sides of the same coin. In other words, an intelligent human being is liable to make errors. They went on to label these acts of omission and commission as ‘Slips, Lapses, Mistakes and Violations’.
To illustrate the point in a motoring context, if one was restricted to driving at a speed limit of 100 kph along an expressway and the speed crept up to 120 kph, then it is a ‘Slip’ on one’s part. If you forgot to fasten the seatbelt, it is a ‘Lapse’. While driving along a two-lane road, if a driver thinks in his/her judgement that the way is clear and tries to overtake slower traffic on the road, using the opposite lane, then encounters unanticipated opposite traffic and is forced to get back to the correct lane, that is a ‘Mistake’. Finally, if a double line is crossed while overtaking, while aware that the law is being broken, that is labelled as a ‘Violation’. In theory, all of the above could be applied to flying as well.
In the mid-Seventies, Elwyn Edwards and Frank Hawkins proposed that good interaction between Software (paperwork), Hardware (the aircraft and other machines), Liveware (human element) and the (working) environment are the essentials in safe flight operations. Labelled the ‘SHELL’ concept, it was adopted by the International Civil Aviation Organisation. (ICAO). (See Diagram 01)
In diagram 01, two ‘L’s depict the ‘Liveware’, inside and outside an aircraft flightdeck. The ‘L’ at the centre is the pilot in command (PIC), who should know his/her strengths and weaknesses, know the same of his/her crew, aircraft, and their mission, and, above all, be continuously evaluating the risks.
Finally, Prof. James Reason proposed the Swiss Cheese Theory of Accident Causation. (See Diagram 02)
From this diagram we see that built in defences in a system are like slices of Swiss cheese. There are pre-existing holes at random which, unfortunately, may align and allow the crew at the ‘sharp end’ to carry out a procedure unchecked.
Although it is easy and self-satisfying to blame a crew, or an individual, at an official accident investigation, what should be asked, instead, is why or how the system failed them? Furthermore, a ‘just culture’ must prevail.
The PIC and crew are the last line of defence in air safety and accident prevention. (See Diagram 3)
A daily newspaper reported that it is now left to be seen whether the crash on 21 March was due to mechanical failure or pilot error. Why is it that when a judge makes a wrong judgement it is termed ‘Miscarriage of Justice’ or when a Surgeon loses a patient on the operating table it is ‘Surgical Misadventure’, but when a pilot makes an honest error, it is called ‘Pilot Error’? I believe it should be termed ‘Human Condition’.
Even before the accident investigation had started, on 23 March, 2025, Minister of Civil Aviation, Bimal Ratnayake, went on record saying that the Ministry of Defence had told him the accident was due to an ‘athweradda’ (error). This kind of premature declaration is a definite ‘no-no’ and breach of protocol. The Minister should not be pre-empting the accident enquiry’s findings and commenting on a subject not under his purview. Everyone concerned should wait for the accident report from the SLAF expert panel before commenting.
God bless the PIC and crew!
– Ad Astrian
Features
Thai scene … in Colombo!

Yes, it’s happening tomorrow, Friday (28th), and Saturday (29th,) and what makes this scene extra special is that you don’t need to rush and pack your travelling bags and fork out a tidy sum for your airfare to Thailand.
The Thai Street Food Festival, taking place at Siam Nivasa, 43, Dr. CWW Kannangara Mawatha, Colombo 7, will not only give you a taste of Thai delicacies but also Thai culture, Thai music, and Thai dancing.
This event is being organised by the Thai Community, in Sri Lanka, in collaboration with the Royal Thai Embassy in Colombo.
The Thai Community has been very active and they make every effort to promote Amazing Thailand, to Sri Lankans, in every possible way they can.
Regarding the happening, taking place tomorrow, and on Saturday, they say they are thrilled to give Sri Lankans the vibrant Thai Street Food Festival.

Explaining how Thai souvenirs are turned out
I’m told that his event is part of a series of activities, put together by the Royal Thai Embassy, to commemorate 70 years of diplomatic relations between Thailand and Sri Lanka.
At the Thai Street Food Festival, starting at 5.00 pm., you could immerse yourself in lively Thai culture, savour delicious Thai dishes, prepared by Colombo’s top-notch restaurants, enjoy live music, captivate dance performances, and explore Thai Community members offering a feast of food and beverages … all connected with Amazing Thailand.

Some of the EXCO members of the Thai Community, in Sri Lanka,
with the Ambassador for Thailand
I’m sure most of my readers would have been to Thailand (I’ve been there 24 times) and experienced what Amazing Thailand has to offer visitors … cultural richness, culinary delights and unique experiences.
Well, if you haven’t been to Thailand, as yet, this is the opportunity for you to experience a little bit of Thailand … right here in Colombo; and for those who have experienced the real Thailand, the Thai Street Food Festival will bring back those happy times … all over again!
Remember, ENTRANCE IS FREE.
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