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Nagananda: Ranil’s re-entry inconsistent with Constitution

SC to be moved against allegedly unauthorised changes in 14-A
By Shamindra Ferdinando
Civil society activist Nagananda Kodituwakku says Article 99A of the Constitution, which deals with the National List is different from the Section endorsed by Parliament.
Asked to explain, Attorney-at-Law Kodituwakku claimed that the then Speaker had ratified the 14th Amendment that contained the Section on the National List after critical modification in respect of filling of the NL slots. The Constitution prohibited changes to Amendments/Bills at the time of the ratification by the Speaker, Kodituwakku stressed.
Parliament approved the 14th Amendment on May 4, 1988. Kodituwakku alleged that all political parties had chosen to remain silent as they benefited therefrom.
Kodituwakku told The Island that Samagi Jana Balavegaya (SJB) leader Sajith Premadasa, who is also the Opposition Leader, hadn’t taken up the matter though he had been briefed on the UNP leader’s entry.
Responding to another query, Kodituwakku said that he had sought lawmaker Premadasa’s intervention because his father, the then Prime Minister Ranasinghe Premadasa chaired the Parliamentary Select Committee (PSC) on Franchise and Election.
Making available the relevant pages containing parliamentary proceedings to The Island, Kodituwakku said the late Premadasa had told Parliament that NL members wouldn’t be appointed or nominated by the party outside the 29 names submitted to the Election Department/Election Commission.
According to the PSC recommendation which received parliamentary approval ahead of ratification by the Speaker, Secretaries of recognised political parties and Independent groups would have to nominate members from the list handed over to the Election Department/Election Commission. The PSC comprised Ranasinghe Premadasa, the late Lalith Athulathmudali, the late Gamini Dissanayake, the late K.W. Dewanayagam, Ranil Wickremesinghe, the late M. L. M. Aboosally, the late Shelton Ranaraja, Dinesh Gunawardena, the late V. Dharmalingham, the late Sarath Muttetuwegama and the late Maithripala Senanayake. According to Hansard, the late Anura Bandaranaike, the late Anil Moonesinghe and D.E.W. Gunasekera were in the PSC at different stages.
The PSC headed by the then PM Premadasa didn’t pave the way for defeated candidates or anyone out of the NL, according to the Hansard.
However, Section 99A surreptitiously had been introduced by the UNP at the time the Speaker signed the 14th Amendment into law, enabling defeated candidates to enter parliament through the National List, lawyer Koditiwakku said. In addition to that, the 99A stipulated that the NL slots should be filled within seven days after General Secretaries of respective political parties were asked to do so by the Election Department/Election Commission.
Kodituwakku said that in terms of the 99A Wickremesinghe couldn’t enter parliament via the NL. In other words, the failure on the part of the UNP to name its solitary NL MP within seven days after receiving intimation from the Election Commission automatically resulted in the forfeiture of the seat, lawyer Kodituwakku said, adding that the Election Commission, the Office of the Speaker and Election Monitoring groups should explain why they had remained quiet about the UNP given an opportunity to fill NL vacancy ten months after the last general election.
Kodituwakku said that the nine-member group tasked with formulating a new draft Constitution should look into the matter, and that he intended to move the Supreme Court against the issue. According to him, due to manipulation of the parliamentary process, the 14th Amendment to the Constitution hadn’t been enacted therefore such an Amendment didn’t exist.
Lawyer Kodituwakku said that Leader of the House Dinesh Gunawardena, Ranil Wickremesinghe and D.E.W. Gunasekera could as members of the PSC chaired by the late Premadasa could help establish the truth. He emphasized that the controversy over 14th Amendment should be cleared when the expert group produced a draft Constitution.
Kodituwakku faulted SJB leader Premadasa for having turned a blind eye on a matter of crucial importance.
Kodituwakku pointed out that in terms of original PSC recommendation and the one incorporated in the 14th Amendment thereby in Constitution, Basil Rajapaksa, too, couldn’t enter parliament. Kodituwakku urged members of the Election Commission to study the Constitution and not to seek excuses to appease political parties.
Kodituwakku said that some time back, in response to a query raised by The Island, the then Election Commission Chairman Mahinda Deshapriya had declared that there was no stipulated period for a political party to fill its NL slots. Kodituwakku pointed out that answer had been obviously based on the original PSC recommendation that was not incorporated in the Constitution. The Deshapriya’s move had proved that those in authority cleverly used both the PSC recommendation and the one surreptitiously introduced by the then Speaker at the behest of the then President, Kodituwakku said.
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Enforcing the law against bribery and corruption is not an act of political revenge but a profound human responsibility – President

President Anura Kumara Disanayake emphasized that since assuming office, the current government has taken decisive steps to free the process of combating bribery and corruption from political interference. He reiterated that while the political mechanism has been liberated from engaging in such crimes, it is now the responsibility of the administrative machinery operating beneath that political structure to fall in line and correct its course without delay.
He explained that a grace period of six months has already been provided for the state officials to adjust to this new direction. The President firmly warned that if the public service mechanism fails to act appropriately within this period, the government will not hesitate to take firm legal action against those officials from May onwards.
President Disanayake expressed these views on Wednesday (09), participating in the launch of the National Anti-Corruption Action Plan 2025–2029, held at the Bandaranaike Memorial International Conference Hall (BMICH) in Colombo.
Bribery and corruption have proliferated, undermining the integrity and values of the country’s state institutions .He observed that over the past six months of the present government, no section of the public service has been allowed to collapse and that if officials continue to resist change, the government will proceed to remove and replace them after May.
The President pointed out that bribery and corruption have caused the nation to fall behind for decades in the eyes of the world. He reiterated that enforcing the law against these crimes is not an act of political revenge but a profound human responsibility.
The President stressed the need to build a society that respects the law and fears wrongdoing, adding that conducting lectures or workshops alone would not suffice in achieving this goal. He emphasised that people must practically witness that any person who commits a crime will be subjected to punishment under the law.
President Disanayake noted that corruption in Sri Lanka ranges from minor bribery, from the village level to bringing poor quality medicinal drugs. Bribery and corruption have escalated from minor instances to grave financial crimes, extending from local councils to looting the Central Bank.
The President further said that previous rulers safeguarded and protected those engaged in corrupt activities.
He also revealed the emergence of a network of thieves within several state administrative institutions and certain bodies responsible for enforcing the law, comprising underworld elements involved in bribery and corruption. He confirmed that these criminal networks have already been identified and assured that measures will be implemented in the future to dismantle and eliminate them.
President Disanayake solemnly pledged that the responsibility of eradicating bribery and corruption will not be passed on to the next generation but will be resolved within this generation itself, under the leadership of the present government.
Drawing a comparison with India, which gained independence a year before Sri Lanka, the President noted that through a consistent national policy framework, India has successfully achieved space exploration and built a massive workforce in the software industry. In stark contrast, he pointed out that Sri Lanka, due to poor decisions made by its political leadership, was declared a bankrupt state in 2022.
He further stated that the current government has taken on the responsibility of leading Sri Lanka towards the international stage through a national policy framework that ensures transparency and accountability for every rupee spent from public funds.
The President added that by implementing this framework, it is possible to build public trust in law enforcement and judicial institutions and that it must be made clear to the people that there will be no mechanism available for anyone to escape the law after committing a crime.
He stated that the purpose of the National Anti-Corruption Action Plan 2025-2029 is to guide the country towards becoming a nation of integrity. The government plans to establish Internal Affairs Unit within all state institutions including the Presidential Secretariat and implement a system for monitoring these units through digital technology to ensure accountability and transparency.
The Action Plan has been designed around four key strategic priority areas: prevention and public participation, institutional strengthening and the enforcement of law along with reforms in law and policy.
The President highlighted that eliminating bribery and corruption is one of the most decisive factors in a country’s development and progress. In Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has been identified as the leading state institution entrusted with strengthening this mechanism. Accordingly, it was recognised that a robust national anti-corruption policy that operates across all sectors is essential to creating a corruption-free society.
In preparing this Action Plan, CIABOC engaged all relevant stakeholders by conducting extensive programmes at both national and provincial levels. A broad public consultation process was carried out, including a comprehensive survey to assess public opinion on corruption through media announcements in all three languages and via social media networks.
This process gathered proposals from a diverse range of participants, including Members of Parliament, judges, state officials, the private sector, international organisations, civil society organisations, community-based organisations, religious groups, persons with special needs, media professionals, youth, children and the general public. Additionally, foreign state experiences and suggestions from various groups across all provinces were taken into consideration when formulating the Action Plan.
By implementing this National Anti-Corruption Action Plan, the government hopes to foster a committed citizenry determined to combat corruption, a political will fully supportive of this effort, a comprehensive legal framework and a disciplined, transparent public service across all sectors, with the shared vision of building a country of integrity for future generations.
Addressing the event, the Japanese Ambassador to Sri Lanka, Hideaki Mizukoshi, stated that Corruption remains a great challenge for many countries, including Sri Lanka as it undermines economic growth, weakens public trust in government institutions and discourages foreign investment. However, he noted that due to the reform initiatives of the present government, investors are once again showing increasing interest in Sri Lanka.
Ambassador Mizukoshi further stated that Japan has always believed that transparency and good governance are fundamental pillars for sustainable economic development and therefore, has supported anti-corruption initiatives globally for over a decade.
Meanwhile, the UNDP Resident Representative in Sri Lanka, Ms. Azusa Kubota, stated that according to Sri Lanka’s first-ever National Taxpayer Perception Survey conducted last year, 84% of respondents indicated that corruption directly affects their willingness to pay taxes.
She further noted that corruption deters investment, increases the cost of doing business, undermines sustainable development and human security, and causes an estimated annual loss of USD 1.3 trillion for developing countries.
Referring to the Budget Speech delivered by the President, Ms. Kubota emphasised that the State must be accountable for every cent of taxpayers’ money and stated that this Action Plan would serve as a roadmap for transforming Sri Lankan society.
The event was attended by the Chief Justice, Supreme Court Justice Murdu Nirupa Bidushinie Fernando; the Attorney General, Parinda Ranasinghe PC; the Secretary to the President, Dr. Nandika Sanath Kumanayake; the Chairman of CIABOC, former High Court Judge Neil Iddawela; the Director General of CIABOC, R.S.A. Dissanayake; the Commanders of the Tri-Forces; the Inspector General of Police; senior officials from the security forces and a large number of state officials.
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Sun directly overhead Hatthikuchchi, Kalankuttiya, Halmillewa, Ipalogama, Palugaswewa and Habarana at about 12:11 noon. today [10]

On the apparent northward relative motion of the sun, it is going to be directly over the latitudes of Sri Lanka during 05th to 14th of April in this year.
The nearest areas of Sri Lanka over which the sun is overhead today (10th) are Hatthikuchchi, Kalankuttiya, Halmillewa, Ipalogama, Palugaswewa and Habarana at about 12:11 noon.
News
LG elections to be staggered

Signs are clear that the local government (LG) elections, originally scheduled for 06 May, will have to be held on a staggered basis, as nomination lists in respect of about 200 out of 339 LG institutions have been challenged before the Court of Appeal, according to sources.
Those who have filed cases in the Court of Appeal seek writs against holding the elections. The final date for filing cases is 21 April.
By yesterday only 113, out of 339 local government bodies, had been cleared for the 06 May elections, with no rejections of nomination lists, or objections, sources said. The nomination lists for 226 local government bodies have been rejected, and candidates on these rejected lists are entitled to file cases against the Election Commission (EC) until 21 April.
The Court of Appeal (CA) has ordered that some of the lists rejected by the Election Commission be accepted. However, the EC is planning to challenge all CA orders before the Supreme Court.
When contacted for comment, Director General of the Election Commission, Saman Sri Ratnayake, told The Island that all arrangements had been made to hold the elections on 06 May, in accordance with the provisions of the Local Authorities Elections (Amendment) Act No. 16 of 2017.
“We will hold elections to the local government bodies for which there are no legal barriers, and this will depend on the final decision of the courts,” Ratnayake said, adding that elections to other local government bodies would be held on later dates.
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