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Maha Kudugala Apple Farm Land Issue: A classic example of environmental misgovernance and mismanagement

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(a) Overall faunal endemism and rangerestriction based biodiversity sensitivity ranking of hexagonal grid cells of Sri Lanka where graduated colors from green to red depicts low to high ranks of sensitivity values respectively (please note that all areas with a color are sensitive areas) in which, (b) the Apple Farm area within the Kurundu Oya Mukalana has been identified with a high sensitivity rank. (Personal Communication by Dr. Sandun Perera)

By Emeritus Prof. Nimal Gunatilleke
University of Peradeniya

Chronological and Administrative/Legal History

There has been a long-drawn-out legislative battle between the government bureaucracy and politically influential cultivators of seasonal cash crops over the Maha Kudugala Apple Farm lands since its opening up in the 1970s. A total extent of 126 ha consisting of three land blocks each of 89 ha, 12 ha, and 5 ha respectively, is located entirely within the upper-most watershed mainly of Kurundu Oya in the Maha Kudugala GN Division of the Pidurutalagala (Pedro) Conservation Forest. The elevational range in the cultivation area is 1500 m – 2100 m (over 5000 ft.) having steep slopes mostly over 60o, (See Figure 1)

This land is also located within the ‘Central Environmental Fragile Area’ (a geographic entity that consists of the lands with sensitive natural ecosystems highly vulnerable to landslides which play a crucial role in sustaining water resources) depicted in the 2008-2030 National Physical Policy Plan and also in its updated version of 2017-2050 (Govt. Gazette No. 2127/15 – 12 June 2019).

The earliest records indicate that this land has been included in a forest area that has been declared way back in 1938 as state land for which survey plans were subsequently drawn up in 1942. The forest range was designated in this survey plan as Kurundu Oya Mukalana – the primary watershed forest of the Kurundu Oya. This 1942 survey plan refers to the entire forest range as a Climate Reserve for the protection of the sources and courses of streams arising from this forest area’ (FSPP 84B and 84C in the survey plan) highlighting its importance in watershed protection even at that time. It was later designated as Maha Kudugala Proposed Forest Reserve and included as a part of the Pidurutalagala Proposed Reserve according to the Forest Conservation Act which was resurveyed in 2004 and declared as a Conservation Forest by the Gazette No: 1527/22 on 14 Dec. 2007.

Cultivation History

Upon a request by the Nuwara Eliya District Co-ordinating Committee made on 08 Oct. 1970, the Forest Department had apparently issued a ‘no objection’ letter dated 11 Dec. 1970 to release 300 acres of this forested state land on the basis of a long-term lease in Maha Kudugala Proposed Forest Reserve for the cultivation of apple trees as a co-operative project to 97 members of the Ragala/Walapane Apple Growers’ Co-operative Society. However, these cultivators not only deviated from the original agreement to grow apple trees but also had not paid the annual lease for the land blocks leased out to them over several years. Consequently, upon a recommendation by the Forest Department, the then Secretary, Ministry of Lands and Land Development issued a directive on 23 March 1978 to the Government Agent/Nuwara Eliya to transfer back the entire land area to the Forest Department for reforestation. Since these directives were apparently not honoured by the apple farm cultivators, the issue has gone no less than to the highest legislative/executive authority – the President of the country.

The then HE President issued a directive in June 1990, approving the recommendations made by the Secretary, Ministry of Lands, Irrigation and Mahaweli Development on 14 May 1990 that all the occupants of the apple farm land (the members of the Ragala/Walapane Apple Growers’ Co-operative Society) to be evicted for deviating from the specific cultivation practices for which the land was originally leased out namely, for the cultivation of apple trees, thus causing extensive damage to this fragile landscape. The land to be reclaimed was once again recommended to be reforested.

However, the members of the apple growers’ co-op society (those with LDO permits as well as those who have established their long-term residence in the area) moved the Court of Appeal that the quit notice issued by the DFO, Nuwara Eliya in 1992 and the related actions pending in the Magistrate Court at Walapane be quashed. However, the Appeal Court issued the judgment on 20 Sept 2016 that the eviction order issued in 1992 is a legally valid document and that all ten notices requesting the repeal of the DFO order be annulled.

A second application submitted by 40 petitioners – all occupants of the said land, seeking to quash the Notice to Quit dated 31 Dec. 1992 issued by the Forest Department under Section 3 of the State Lands (Recovery of Possession) Act No. 7 of 1979 (as amended later), by way of Writ of certiorari was also dismissed (but without costs), at the Court of Appeal on 02 Dec. 2019 as the lands were initially released to promote apple cultivation, and that too not forever. During the delivery of the above judgment by the Appeal Court Judge in 2019 (CA Case No: CA/WRIT/6/2015) the statement made in their submission by the Forest Department that ‘the lands are situated over 5000 ft. altitude and part of the catchment area of the Randenigala Reservoir and the illegal occupation and the cultivation of the said area by unauthorised occupants including the petitioner by using hazardous chemicals severely affect the biodiversity of the entire conservation forest and cause siltation in the Randenigala reservoir’ was quoted in the Judgement statement thus under-scoring the conservation value of this forest landscape. (See Figure 2)

Conservation value of the Maha Kudugala Forest in the Pidurutalagala Range

The NE-facing upper montane rain forests are part of a separate plant geographic unit known as the Montane Intermediate Floristic Region (G1) which was recognised recently during the preparation of the 6th National Report for the Convention on Biological Diversity. These forests are among the most threatened landscapes within Sri Lanka for their exceptionally rich biodiversity and critical ecosystem services such as watershed and soil conservation functions they perform. In the pre-colonial era, these forest-clad landscapes provided year-round water security to the traditional rural communities of the present-day Walapane and Hanguranketha Divisional Secretariats lying in the eastern escarpments of the central highlands.

IV. Watershed Value

In terms of hydrological importance, the Pidurutalagala (Pedro) reserve was ranked number three (no. 3), just behind the Peak Wilderness and the Knuckles range, out of all the natural forests in Sri Lanka surveyed during the National Conservation Review (NCR 1996) conducted by the IUCN-The World Conservation Union with funding from the FAO. The main reason for gaining such a high rank is the contribution of fog interception by the natural forests to feed the streams originating from the forests thus ensuring year-round water security. According to the methodology used in the IUCN-sponsored NCR (1996), the horizontal precipitation by way of fog interception that feeds the streams foregone by converting forest into agricultural land use is about 860,000 cubic meters per annum (Personal communication by Prof. Nimal Gunawardena).

This is a substantial quantity of water in view of the issues currently faced by the Walapane Water Supply Scheme located downstream and the farmers who have been using the stream water of the Kurundu Oya for their subsistence for generations. Therefore, leaving the forests in the upper catchments is very important to regulate the stream flow since studies have shown that the fog contribution is significant, especially during the dry season. The NCR survey further indicated that there are 13 streamlets fed by the area covered specifically by the apple farm area and the lack of natural forest cover seriously affects the regulation of stream flow, which normally controls flash floods, soil erosion, and landslides.

One of the most harmful consequences of converting forests into intensive vegetable cultivation is the on-farm soil erosion and sedimentation of downstream reservoirs. The field studies in Nuwara Eliya district have shown that the soil erosion from intensive cultivation is about 100 t/ha/year whereas the soil erosion from the natural forest is as low as 0.3 t/ha/year. Almost all of such eroded soil released to the Kurundu Oya from the Apple Farm area ends up in the Randenigala Reservoir since there is a very steep gradient along the Kurundu Oya. This high level of soil erosion also increases the water purification cost at the Walapane Water Supply scheme due to the increased expense for chemicals to remove sediments from water and operate the pumps to flush out sediments from the filters at frequent intervals.

Heavy inputs of inorganic fertiliser, pesticides, and weedicides in vegetable and other cash crop cultivation in this area contaminate both surface- as well as ground-water thus affecting the drinking water quality of the downstream communities.

A land use management plan (still in the draft stage) prepared by the LUPPD/Ministry of Environment and Wildlife Resources (MEWR) under a UNDP/World Food Programme funded project titled ‘Addressing Climate Change Impacts on Marginalised Agricultural Communities Living in the Mahaweli River Basin” (https://docs.wfp.org/api/documents/WFP-0000128802/download/), has identified and classified 297 water sources in Walapane DS Division fed by the three streams – Beliul-, Kurundu-, Halgan Oya into three water quality classes [Class 1 (127 – good), II (114 – fair), and III (26 – poor)]. This report strongly recommends that it is crucial to maintain a suitable land cover (tree-dominated), particularly on the higher slopes to reduce the runoff by increasing infiltration and minimising soil erosion. The UNDP report further recommends that the home gardens with seasonal cash crop cultivation in the slopes over 60% in the Walapane DSD need to be relocated, if possible. Alternatively, cultivation of these seasonal crops (vegetables and potatoes) should not be permitted in these home gardens and their land cover needs to be improved considerably by introducing tree crops (agroforestry practices) with intensive conservation measures. Since the Apple Farmlands are located further up in the watersheds of the three streams (Fig. 2 map on the right), the same evidence-based recommendations given in this report are applicable to them as well.

Biodiversity Value:

A recent biodiversity sensitivity ranking analysis conducted by University-based researchers using eight taxonomic groups namely, mammals, birds, reptiles, amphibians, freshwater fish, dragonflies and damselflies, butterflies, and land snails has clearly identified the Kurundu Oya Mukalana that includes the Apple Farm area harbor a high concentration of endemic and range-restricted fauna See Fig. 3 below.

V. Impact on National Commitments to Global Conventions:

As a signatory to the three Rio Conventions (UNFCCC, UNCBD, and UNCCD), Sri Lanka is under obligation to achieve the national conservation targets within a set time frame (by 2030). Among these are i) restore and improve degraded forests (80% in the Dry Zone and 20% in the Wet Zone) ii) Increase the forest cover from 29% to 32% iii) Reduce the rate of soil degradation to improve land productivity and Soil Organic Carbon (SOC) stocks and iv) reduce soil erosion of lands cultivated with annual and plantation crops.

Under the UNCCD, the Sri Lankan Government has reaffirmed its commitment to Sustainable Development Goals (SDG) 15 and Target 15.3 and participated in the Land Degradation Neutrality Target setting Programme (LDN-TSP) to identify national targets. (file:///E:/CP-%20SAM%20-%20Ch.%203%20_%20Montane%20zone/Apple%20Farm/Sri%20Lanka%20LDN%20Country%20Commitments.pdf). Among the Land Degradation Neutrality (LND) measures identified as national priorities, the following measures listed in the LDN national report (Box 3 on page 7) are directly relevant to the Apple Farm issue.

Change the policy of regularising the encroachment of state lands,

Halt the cultivation of annual crops in steep lands and facilitate the conversion of such lands to perennial crops,

Encourage the adaptation of sustainable management practices through incentives.

Summary

In summary, the above-detailed review of both scientific and legal evidence along with the nationally pledged commitments to the three international conventions (UNCBD, UNFCCC, and UNCCD), unequivocally underscores the fact that the current land use practices in the Apple Farm lands are being carried out in violation of National Policies and Legislation (National Physical Policy Plan, Forest Conservation Act, Soil Conservation Act, National Policy on Protection and Conservation of Water Sources, their Catchments and Reservations in Sri Lanka [2014]) and also contravening the legally binding international commitments made to the three Rio Conventions that Sri Lanka is a signatory to.

At present Sri Lanka is moving towards a green economic environment encouraging investments for sustainable and transformative green development projects addressing the nationally important sustainability issues viz. rapid loss of biodiversity, impacts of accelerated land degradation compounded by changing climate, especially on the critical upper watersheds of major river basins.

In such a situation, the current state of affairs on the Apple Farm Land issue creates serious precedence in environmental and social mismanagement and misgovernment, thus severely impacting our national drive toward achieving Sustainable Development Goals by 2030 and Land Degradation Neutrality targets through green economic pathways during this Decade of Forest Restoration (2021-2030).



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Civilizational dialogue proving a remote possibility as realpolitik rages

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Political leaders at the Shanghai Cooperation Organization Summit 2026. (Photo by PROKOFYEV / POOL / AFP)

Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.

This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.

From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.

It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.

That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.

If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.

Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.

However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.

Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.

The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.

Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’

The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.

In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.

Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.

Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.

Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.

Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.

International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.

Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.

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Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment

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Superior Court Complex, Colombo

by Shelton Dharmaratne

Sri Lanka has reached an important constitutional moment.

The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.

That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.

The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.

The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.

A narrower constitutional question than the political debate suggests

The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.

Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.

Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.

Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.

Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.

Those are legitimate policy considerations.

But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.

The real question is institutional

The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.

That is an institutional question, not an accusation against individual judges.

A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.

This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.

The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.

Legitimate objectives do not settle constitutional questions

The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.

Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.

A government is therefore entitled to propose reforms designed to improve judicial efficiency.

But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.

That is precisely why constitutional scrutiny matters.

The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.

The appropriate questions are straightforward:

Does extending judicial tenure strengthen the administration of justice?

What risks, if any, could it create for judicial independence?

Are adequate institutional safeguards in place?

Does the proposal operate prospectively, or does it affect judges already serving?

Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?

These questions can be examined rationally without attributing improper motives to either side.

Judicial vacancies and institutional confidence

Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.

Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.

Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.

The government has an opportunity to address these concerns constructively.

Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.

Seniority, merit and transparent criteria

The controversy also exposes a longstanding question concerning judicial appointments.

Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.

If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.

Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.

Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.

Institutional rules are stronger safeguards than assurances of good intentions.

The State is larger than any government

One principle deserves particular emphasis: a government is not the State.

Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.

The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.

For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.

The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.

That is not political weakness. It is constitutional maturity.

Public confidence is a constitutional asset

The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.

Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.

Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.

Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.

A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.

The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.

If a referendum arises …

If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.

The electorate should be given a clear constitutional question and sufficient information to assess it.

Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.

A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.

The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.

Beyond who wins

The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.

Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.

Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.

If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.

Neither side strengthens the country by assuming that the other is acting in bad faith.

The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.

Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.

Sri Lanka should instead seek a broader consensus around a fundamental proposition:

Judicial reform and judicial independence are not competing objectives.

The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.

That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.

The present controversy will eventually pass. Political arguments surrounding it will fade.

But constitutional arrangements can endure for decades.

That is why Sri Lanka must look beyond the immediate political contest.

The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.

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Farewell to a Fashion Icon

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Chula was very fond of The Island newspaper and kept in touch with us on a regular basis (L) / Chula: Sent us this photo for Glam Scene, just a couple of weeks ago (R)

Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.

Her sudden demise has certainly come as a shock to many.

Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).

Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.

In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.

She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”

Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.

She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.

For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers

She trained hundreds of models for runway, photoshoots, auditions, and international pageants.

She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.

Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)

Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.

Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:

“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.

“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.

“Thank you once again.”

In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.

May she rest in peace. Our deepest condolences to her family, students, and all who loved her.

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