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NMSJ Proposals for New Constitution – Part II

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Constitutional Miscellany

By Dr. Jayampathy Wickramaratne
President’ Counsel

(Continued from Monday (13)

The National Movement for Social Justice (NMSJ) has proposed that Sri Lanka reverts to a parliamentary form of government. The NMSJ’s founder, Ven. Maduluwawe Sobitha Thera, who was a strong opponent of the Executive Presidency, frequently referred to the warnings of Madam Sirimavo Bandaranaike, Dr N. M. Perera and Dr Colvin R. De Silva against adopting a Presidential form of government.

Madam Bandaranaike said, in 1978: “The effect of this amendment is to place the President above the National State Assembly. Above the law and above the courts, thereby creating a concentration of State power in one person, whoever he might be. This has happened in other countries before, and history is full of examples of the disastrous consequences that came upon such nations that changed their Constitutions by giving one man too much power. We oppose this Bill firmly and unequivocally. It will set our country on the road to dictatorship, and there will be no turning back. This Bill will mark the end of democracy in Sri Lanka, as the late Dudley Senanayake realised when these same ideas were put to him in the United National Party.”

Dr De Silva had said: “There is undoubtedly one virtue in this system of Parliament (…) and that is that the chief executive of the day is answerable directly to the representatives of the people continuously by reason of the fact that the Prime Minister can remain Prime Minister only so long as he can command the confidence of that assembly. We do not want either Presidents or Prime Ministers who can ride roughshod over the people and, therefore, first of all, over the people’s representatives. There is no virtue in having a strong man against the people.”

The results of the Executive Presidency are all there to see. A President elected by a massive majority, supported by a two-thirds majority in Parliament, and strengthened by the 20th Amendment to the Constitution, has miserably failed and has given the lie to J. R. Jayewardene’s famous claim that “We need an executive freed from the whims and fancies of the legislators.” Collegial decision-making has again been proved to be better than decisions taken unilaterally in the Presidential Secretariat.

The Executive

The NMSJ has proposed that the President be elected by an electoral college, comprising, Members of Parliament and members of the Second Chamber. The electoral college shall also elect a Vice-President who shall be from a community other than the community to which the President belongs.

The President shall only be the formal Head of the Executive. Except where expressly provided by the Constitution, the President shall exercise powers on the advice of the Cabinet of Ministers conveyed to him by the Prime Minister. The Cabinet of Ministers shall be charged with the direction and control of the Government of the Republic. The Cabinet of Ministers shall be collectively responsible and answerable to Parliament.

The President shall appoint, as Prime Minister, the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament. However, the President shall not have the power to remove the Prime Minister.

The Prime Minister, appointed after a General Election, shall be deemed to have resigned if a vote of confidence in him is not passed at the first sitting of the new Parliament. A Prime Minister appointed after the first sitting of a Parliament shall be deemed to have resigned if a vote of confidence in him is not passed by Parliament within seven days of his appointment. The Prime Minister shall also be deemed to have resigned if a motion of no-confidence in the Government is passed, the Budget is defeated in Parliament or the Statement of Government Policy is defeated in Parliament.

Secretaries of Ministries and Heads of Departments shall be appointed by the National Public Service Commission in consultation with the relevant Minister.

Constitutional Council

Ven. Sobitha Thera strongly supported the Constitutional Council process and independent Commissions. The NMSJ has proposed that the Constitutional Council, abolished by the 20th Amendment, be re-established with powers not less than under the 19th Amendment. Apart from the Prime Minister, the Speaker and the Leader of the Opposition, the members of the Constitutional Council shall not be Members of Parliament.

The Right to Information Commission shall be added to the list of Commissions to which appointments could be made only on the recommendation of the Constitutional Council. The National Audit Commission and the National Procurement Commission, abolished by the 20th Amendment, shall be re-established. An agency to assist and advise state sector institutions in the matter of procurement shall be established by law. There is no need for a permanent Delimitation Commission. However, any commission, committee or person tasked with delimitation in relation to Parliamentary, Provincial or local authority elections shall be appointed on the recommendation of the Constitutional Council.

Members of any regulatory authority, established in relation to the electronic or other media, data protection, cyber security, public utilities, monetary and financial services, competition in trade and foreign trade, shall be appointed on the recommendations of the Constitutional Council.

The Governor of the Central Bank shall be added to the list of officials whose appointment must be approved by the Constitutional Council.

Devolution

Devolution introduced by the 13th Amendment has come to stay, and even the present Government, that came to power on a nationalist platform, is extremely unlikely to abolish Provincial Councils. If that be the reality, it is best that Provincial Councils be suitably empowered. Devolution must not be viewed only as a solution to Sri Lanka’s ethnic conflict but also as an instrument to develop the periphery. Sadly, successive governments have used every conceivable provision, literally speaking, every comma, or full stop, in the Constitution, to frustrate devolution.

The NMSJ has, accordingly, proposed that there be the maximum possible devolution, based on the principle of subsidiarity; that is, whatever could be more efficiently handled by the lowest tier should be vested in such tier. Local government shall be recognised as a tier of government. The allocation of subjects and functions between the three tiers of government shall be guided by the principle of subsidiarity. Such allocation shall be clear and unambiguous and shall not be overridden or encroached on, except by constitutional amendment.

The Province shall be the primary unit of devolution. The term of a Provincial Council shall be five years. Elections to all Provincial Councils shall be held on the same day. Appropriate constitutional provisions shall be made to ensure that elections are held regularly for all Provincial Councils, as in the case of Parliamentary elections.

If a Provincial Council passes a motion of no-confidence in the provincial administration, or the Budget, or the Statement of Policy, is defeated in the Provincial Council and a new administration formed does not win a vote of confidence within 14 days, the Provincial Council shall be dissolved, and the Governor shall be in charge of the Provincial administration until an election is held for the constitution of the Council along with elections for the other Provincial Councils.

Parliamentary legislation on matters in the Provincial Council List shall not have the effect of the Centre taking over the administration of such matters. In formulating national policy on matters contained in the Provincial Council List, the Central Government shall adopt a participatory process with the Provincial Councils. The Constitution shall provide the circumstances in which the Centre may prescribe national policy.

National policy, declared by the Central Executive, shall not override statutes enacted by a Provincial Council in respect of matters in the Provincial List. However, if central legislation is enacted to give effect to such national policy in accordance with the constitutional provisions relating to the enactment of legislation on devolved subjects, the relevant Provincial statutes shall be read subject to such national legislation. The approval of the Second Chamber would be necessary for such legislation. The formulation of national policy on a Provincial List matter would not have the effect of the Centre taking over executive or administrative powers with regard to the implementation of the said devolved power; the Provinces will retain executive or administrative powers in relation to the said devolved power.

Parliament may, by law, provide for the implementation of functions on selected subjects in the Reserved List by the Provinces. Parliament or Provincial Councils may by law/statute provide for the implementation of specified functions within their purview to be carried out by local authorities.

Regarding the Provincial Executive, the NMSJ proposes that the Governor of a Province should not have been politically active during the period of three years, immediately prior to appointment, and shall not be involved in politics during the period of office.

The Chief Secretary of a Province shall be appointed by the National Public Service Commission with the concurrence of the Chief Minister. Secretaries of Provincial Ministries and Heads of Departments shall be appointed by the Provincial Public Service Commission in consultation with the relevant Provincial Minister.

The appointment, promotion, transfer, dismissal, and disciplinary control of officers of the Provincial Public Service shall be by an independent Provincial Public Service Commission (PPSC) constituted for each Province. The members of the PPSC shall be appointed by the Governor on the joint nomination of the Chief Minister and the Leader of the Opposition of the Provincial Council concerned. Where there is no agreement between the Chief Minister and the Leader of the Opposition, the Constitutional Council shall make the nominations after consulting the Chief Minister and the Leader of the Opposition.

There shall be a Chief Ministers’ Conference, comprising the Prime Minister and the Chief Ministers of all the Provinces, which shall meet at regular intervals to discuss issues of common concern and to promote inter-provincial and Centre-Province co-operation. The Prime Minister shall preside at the Chief Minister’s Conference.

Community Councils:

Constitutional provisions shall be made to ensure that at various levels of government and in different geographical areas, the rights of communities that are minorities within such areas are protected.

(To be continued.)



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Ethnic-related problems need solutions now

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President Dissanayake in Jaffna

In the space of 15 months, President Anura Kumara Dissanayake has visited the North of the country more than any other president or prime minister. These were not flying visits either. The president most recent visit to Jaffna last week was on the occasion of Thai Pongal to celebrate the harvest and the dawning of a new season. During the two days he spent in Jaffna, the president launched the national housing project, announced plans to renovate Palaly Airport, to expedite operations at the Kankesanthurai Port, and pledged once again that racism would have no place in the country.

There is no doubt that the president’s consistent presence in the north has had a reassuring effect. His public rejection of racism and his willingness to engage openly with ethnic and religious minorities have helped secure his acceptance as a national leader rather than a communal one. In the fifteen months since he won the presidential election, there have been no inter community clashes of any significance. In a country with a long history of communal tension, this relative calm is not accidental. It reflects a conscious political choice to lower the racial temperature rather than inflame it.

But preventing new problems is only part of the task of governing. While the government under President Dissanayake has taken responsibility for ensuring that anti-minority actions are not permitted on its watch, it has yet to take comparable responsibility for resolving long standing ethnic and political problems inherited from previous governments. These problems may appear manageable because they have existed for years, even decades. Yet their persistence does not make them innocuous. Beneath the surface, they continue to weaken trust in the state and erode confidence in its ability to deliver justice.

Core Principle

A core principle of governance is responsibility for outcomes, not just intentions. Governments do not begin with a clean slate. Governments do not get to choose only the problems they like. They inherit the state in full, with all its unresolved disputes, injustices and problemmatic legacies. To argue that these are someone else’s past mistakes is politically convenient but institutionally dangerous. Unresolved problems have a habit of resurfacing at the most inconvenient moments, often when a government is trying to push through reforms or stabilise the economy.

This reality was underlined in Geneva last week when concerns were raised once again about allegations of sexual abuse that occurred during the war, affecting both men and women who were taken into government custody. Any sense that this issue had faded from international attention was dispelled by the release of a report by the Office of the Human Rights High Commissioner titled “Sri Lanka: Report on conflict related sexual violence”, dated 13.01.26. Such reports do not emerge in a vacuum. They are shaped by the absence of credible domestic processes that investigate allegations, establish accountability and offer redress. They also shape international perceptions, influence diplomatic relationships and affect access to cooperation and support.

Other unresolved problems from the past continue to fester. These include the continued detention of Tamil prisoners under the Prevention of Terrorism Act, in some cases for many years without conclusion, the failure to return civilian owned land taken over by the military during the war, and the fate of thousands of missing persons whose families still seek answers. These are not marginal issues even when they are not at the centre stage. They affect real lives and entire communities. Their cumulative effect is corrosive, undermining efforts to restore normalcy and rebuild confidence in public institutions.

Equal Rights

Another area where delay will prove costly is the resettlement of Malaiyaha Tamil communities affected by the recent cyclone in the central hills, which was the worst affected region in the country. Even as President Dissanayake celebrated Thai Pongal in Jaffna to the appreciation of the people there, Malaiyaha Tamils engaged in peaceful campaigns to bring attention to their unresolved problems. In Colombo at the Liberty Roundabout, a number of them gathered to symbolically celebrate Thai Pongal while also bringing national attention to the issues of their community, in particular the problem of displacement after the cyclone.

The impact of the cyclone, and the likelihood of future ones under conditions of climate change, make it necessary for the displaced Malaiyaha Tamils to be found new places of residence. This is also an opportunity to tackle the problem of their landlessness in a comprehensive manner and make up for decades if not two centuries of inequity.

Planning for relocation and secure housing is good governance. This needs to be done soon. Climate related disasters do not respect political timetables. They punish delay and indecision. A government that prides itself on system change cannot respond to such challenges with temporary fixes.

The government appears concerned that finding new places for the Malaiyaha Tamil people to be resettled will lead to land being taken away from plantation companies which are said to be already struggling for survival. Due to the economic crisis the country has faced since it went bankrupt in 2022, the government has been deferential to the needs of company owners who are receiving most favoured treatment. As a result, the government is contemplating solutions such as high rise apartments and townhouse style housing to minimise the use of land.

Such solutions cannot substitute for a comprehensive strategy that includes consultations with the affected population and addresses their safety, livelihoods and community stability.

Lose Trust

Most of those who voted for the government at the last elections did so in the hope that it would bring about system change. They did not vote for the government to reinforce the same patterns that the old system represented. At its core, system change means rebalancing priorities. It means recognising that economic efficiency without social justice is a short-term gain with long-term costs. It means understanding that unresolved ethnic grievances, unaddressed wartime abuses and unequal responses to disaster will eventually undermine any development programme, no matter how well designed. Governance that postpones difficult decisions may buy time, but lose trust.

The coming year will therefore be decisive. The government must show that its commitment to non racism and inclusion extends beyond conflict prevention to conflict resolution. Addressing conflict related abuses, concluding long standing detentions, returning land, accounting for the missing and securing dignified resettlement for displaced communities are not distractions from the government programme. They are central to it. A government committed to genuine change must address the problems it inherited, or run the risk of being overwhelmed when those problems finally demand settlement.

by Jehan Perera

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Education. Reform. Disaster: A Critical Pedagogical Approach

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PM Amarasuriya

This Kuppi writing aims to engage critically with the current discussion on the reform initiative “Transforming General Education in Sri Lanka 2025,” focusing on institutional and structural changes, including the integration of a digitally driven model alongside curriculum development, teacher training, and assessment reforms. By engaging with these proposed institutional and structural changes through the parameters of the division and recognition of labour, welfare and distribution systems, and lived ground realities, the article develops a critical perspective on the current reform discourse. By examining both the historical context and the present moment, the article argues that these institutional and structural changes attempt to align education with a neoliberal agenda aimed at enhancing the global corporate sector by producing “skilled” labour. This agenda is further evaluated through the pedagogical approach of socialist feminist scholarship. While the reforms aim to produce a ‘skilled workforce with financial literacy,’ this writing raises a critical question: whose labour will be exploited to achieve this goal? Why and What Reform to Education

In exploring why, the government of Sri Lanka seeks to introduce reforms to the current education system, the Prime Minister and Minister of Education, Higher Education, and Vocational Education, Dr. Harini Amarasuriya, revealed in a recent interview on 15 January 2026 on News First Sri Lanka that such reforms are a pressing necessity. According to the philosophical tradition of education reform, curriculum revision and prevailing learning and teaching structures are expected every eight years; however, Sri Lanka has not undertaken such revisions for the past ten years. The renewal of education is therefore necessary, as the current system produces structural issues, including inequality in access to quality education and the need to create labour suited to the modern world. Citing her words, the reforms aim to create “intelligent, civil-minded citizens” in order to build a country where people live in a civilised manner, work happily, uphold democratic principles, and live dignified lives.

Interpreting her narrative, I claim that the reform is intended to produce, shape, and develop a workforce for the neoliberal economy, now centralised around artificial intelligence and machine learning. My socialist feminist perspective explains this further, referring to Rosa Luxemburg’s reading on reforms for social transformation. As Luxemburg notes, although the final goal of reform is to transform the existing order into a better and more advanced system: The question remains: does this new order truly serve the working class? In the case of education, the reform aims to transform children into “intelligent, civil-minded citizens.” Yet, will the neoliberal economy they enter, and the advanced technological industries that shape it, truly provide them a better life, when these industries primarily seek surplus profit?

History suggests otherwise. Sri Lanka has repeatedly remained at the primary manufacturing level within neoliberal industries. The ready-made garment industry, part of the global corporate fashion system, provides evidence: it exploited both manufacturing labourers and brand representatives during structural economic changes in the 1980s. The same pattern now threatens to repeat in the artificial intelligence sector, raising concerns about who truly benefits from these education reforms

That historical material supports the claim that the primary manufacturing labour for the artificial intelligence industry will similarly come from these workers, who are now being trained as skilled employees who follow the system rather than question it. This context can be theorised through Luxemburg’s claim that critical thinking training becomes a privileged instrument, alienating the working class from such training, an approach that neoliberalism prefers to adopt in the global South.

Institutional and Structural Gaps

Though the government aims to address the institutional and structural gaps, I claim that these gaps will instead widen due to the deeply rooted system of uneven distribution in the country. While agreeing to establish smart classrooms, the critical query is the absence of a wide technological welfare system across the country. From electricity to smart equipment, resources remain inadequate, and the government lags behind in taking prompt initiative to meet these requirements.

This issue is not only about the unavailability of human and material infrastructure, but also about the absence of a plan to restore smart normalcy after natural disasters, particularly the resumption of smart network connections. Access to smart learning platforms, such as the internet, for schoolchildren is a high-risk factor that requires not only the monitoring of classroom teachers but also the involvement of the state. The state needs to be vigilant of abuses and disinformation present in the smart-learning space, an area in which Sri Lanka is still lagging. This concern is not only about the safety of children but also about the safety of women. For example, the recent case of abusive image production via Elon Musk’s AI chatbox, X, highlights the urgent need for a legal framework in Sri Lanka.

Considering its geographical location, Sri Lanka is highly vulnerable to natural disasters, the frequency in which they occur, increasing, owing to climate change. Ditwah is a recent example, where villages were buried alive by landslides, rivers overflowed, and families were displaced, losing homes that they had built over their lifetimes. The critical question, then, is: despite the government’s promise to integrate climate change into the curriculum, how can something still ‘in the air ‘with climate adaptation plans yet to be fully established, be effectively incorporated into schools?

Looking at the demographic map of the country, the expansion of the elderly population, the dependent category, requires attention. Considering the physical and psychological conditions of this group, fostering “intelligent, civic-minded” citizens necessitates understanding the elderly not as a charity case but as a human group deserving dignity. This reflects a critical reading of the reform content: what, indeed, is to be taught? This critical aspect further links with the next section of reflective of ground reality.

Reflective Narrative of Ground Reality

Despite the government asserting that the “teacher” is central to this reform, critical engagement requires examining how their labour is recognised. In Sri Lanka, teachers’ work has long been tied to social recognition, both utilised and exploited, Teachers receive low salaries while handling multiple roles: teaching, class management, sectional duties, and disciplinary responsibilities.

At present, a total teaching load is around 35 periods a week, with 28 periods spent in classroom teaching. The reform adds continuous assessments, portfolio work, projects, curriculum preparation, peer coordination, and e-knowledge, to the teacher’s responsibilities. These are undeclared forms of labour, meaning that the government assigns no economic value to them; yet teachers perform these tasks as part of a long-standing culture. When this culture is unpacked, the gendered nature of this undeclared labour becomes clear. It is gendered because the majority of schoolteachers are women, and their unpaid roles remain unrecognised. It is worth citing some empirical narratives to illustrate this point:

When there was an extra-school event, like walks, prize-giving, or new openings, I stayed after school to design some dancing and practice with the students. I would never get paid for that extra time,” a female dance teacher in the Western Province shared.

I cite this single empirical account, and I am certain that many teachers have similar stories to share.

Where the curriculum is concerned, schoolteachers struggle to complete each lesson as planned due to time constraints and poor infrastructure. As explained by a teacher in the Central Province:

It is difficult to have a reliable internet connection. Therefore, I use the hotspot on my phone so the children can access the learning material.”

Using their own phones and data for classroom activities is not part of a teacher’s official duties, but a culture has developed around the teaching role that makes such decisions necessary. Such activities related to labour risks further exploitation under the reform if the state remains silent in providing the necessary infrastructure.

Considering that women form the majority of the teaching profession, none of the reforms so far have taken women’s health issues seriously. These issues could be exacerbated by the extra stress arising from multiple job roles. Many female teachers particularly those with young children, those in peri- or post-menopause stages of their life, or those with conditions like endometriosis may experience aggravated health problems due to work-related stress intensified by the reform. This raises a critical question: what role does the state play in addressing these issues?

In Conclusion

The following suggestions are put forward:

First and foremost, the government should clearly declare the fundamental plan of the reform, highlighting why, what, when, and how it will be implemented. This plan should be grounded in the realities of the classroom, focusing on being child-centred and teacher-focused.

Technological welfare interventions are necessary, alongside a legal framework to ensure the safety and security of accessing the smart, information-centred world. Furthermore, teachers’ labour should be formally recognised and assigned economic value. Currently, under neoliberal logic, teachers are often left to navigate these challenges on their own, as if the choice is between survival or collapse.

Aruni Samarakoon teaches at the Department of Public Policy, University of Ruhuna

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Aruni Samarakoon

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Smartphones and lyrics stands…

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Diliup Gabadamudalige: Artistes can stay at home and hire their avatar for concerts, movies, etc.

Diliup Gabadamudalige is, indeed, a maestro where music is concerned, and this is what he had to say, referring to our Seen ‘N’ Heard in The Island of 6th January, 2026, and I totally agree with his comments.

Diliup: “AI avatars will take over these concerts. It will take some time, but it surely will happen in the near future. Artistes can stay at home and hire their avatar for concerts, movies, etc. Lyrics and dance moves, even gymnastics can be pre-trained”.

Yes, and that would certainly be unsettling as those without talent will make use of AI to deceive the public.

Right now at most events you get the stage crowded with lyrics stands and, to make matters even worse, some of the artistes depend on the smartphone to put over a song – checking out the lyrics, on the smartphone, every few seconds!

In the good ole days, artistes relied on their talent, stage presence, and memorisation skills to dominate the stage.

They would rehearse till they knew the lyrics by heart and focus on connecting with the audience.

Smartphones and lyrics stands: A common sight these days

The ability of the artiste to keep the audience entertained, from start to finish, makes a live performance unforgettable That’s the magic of a great show!

When an artiste’s energy is contagious, and they’re clearly having a blast, the audience feeds off it and gets taken on an exciting ride. It’s like the whole crowd is vibing on the same frequency.

Singing with feeling, on stage, creates this electric connection with the audience, but it can’t be done with a smartphone in one hand and lyrics stands lined up on the stage.

AI’s gonna shake things up in the music scene, for sure – might replace some roles, like session musicians or sound designers – but human talent will still shine!

AI can assist, but it’s tough to replicate human emotion, experience, and soul in music.

In the modern world, I guess artistes will need to blend old-school vibes with new tech but certainly not with smartphones and lyrics stands!

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