Editorial
Pandemic, polls and constitution-making
Tuesday 22nd December, 2020
Those involved in the constitution-making process have reportedly expressed their concern over the government’s decision to hold the Provincial Council (PC) poll before a consensus is reached on constitutional proposals, etc. Some pro-government civil society activists are also of the view that the PC elections must wait. Opposition Leader Sajith Premadasa has questioned the government’s wisdom of rushing to hold the PC elections while the country is facing a grave health crisis. He says the SLPP is all out to consolidate its power in the PCs at the expense of the public.
The Opposition politicians need to be reminded that the issue of another election amidst a national health emergency would not have arisen if their yahapalana government had held the PC polls when they were due. That administration was suffering from the ‘polls phobia’ and amended the Provincial Council Elections Act to postpone the PC polls indefinitely in the most despicable manner. Following its ignominious defeat at the 2018 local government elections, which it could not put off any longer, it did its darnedest to avoid any other election before the presidential polls. Some delimitation issues that had to be sorted out for the implementation of the new mixed electoral system were deliberately left unresolved so that the PC polls could not be held.
It is not out of any love for devolution that the government has gone into overdrive, making preparations for the PC polls. The SLPP finds itself in a dilemma anent the 13th Amendment. Some ministers are openly campaigning for its abolition. The government is under pressure from New Delhi to reboot the PCs fast. It is aware that another electoral contest will surely give a turbo boost to the transmission of coronavirus, but wants to face the PC polls before its popularity plummets further. The distribution of cash and goods among the people during the first wave of COVID-19 helped the SLPP with its general election campaign, and it is only natural that the Opposition has accused the government of trying to do so again to win the PC polls.
How long will the PC polls have to be postponed until a consensus is reached on constitutional proposals? Will the constitution-making process ever reach fruition? We have seen some attempts at introducing a new Constitution go pear-shaped during the last two decades or so. In 2000, the then President Chandrika Kumaratunga’s efforts to promulgate a new Constitution literally went up in smoke with the UNP setting copies thereof on fire inside Parliament. The constitution-making project under the yahapalana government also came a cropper to all intents and purposes. It was a case of a mountain going into labour and delivering a mouse; those tasked with preparing a new Constitution produced a document which nobody took responsibility for. The SJB has asked the government to build on what the previous government had done by way of constitution-making. But in January 2019, the then Prime Minister Ranil Wickremesinghe, addressing a gathering in Galle, vehemently denied his critics’ claim that his government had prepared a new Constitution; there was not even a draft, he stressed. So, what is there for the incumbent administration to build on?
The success of the ongoing constitution-making project hinges on the government’s ability to resolve key issues pertaining to devolution. Nationalistic forces faulting the SLPP-led coalition for trying to hold the PC polls while the constitutional making process is in progress apparently expect the government to deep-six the 13th Amendment so that the question of conducting elections to the PCs will not arise. The Tamil political parties are demanding more powers for the provinces. India is calling for the full implementation of the 13th Amendment. How does the government propose to reconcile these competing demands? How long will it take to sort out these issues and introduce the new Constitution it has undertaken to draft, paving the way for the PC polls, among other things, if it is to heed its supporters’ demand for keeping the PCs under the gubernatorial rule further?
The government seems to think that the best way out is to hold the PC polls despite the worsening national health crisis, and address other issues subsequently.
Editorial
Justice, hypocrisy and politics
Saturday 27th June, 2026
Governments of all political hues in Sri Lanka usually do not uphold the foundational legal principle of the presumption of innocence when their political rivals happen to be arrested. The JVP-NPP administration has failed to be different despite its election pledge to usher in a new political culture. Its politicians and propagandists ruthlessly vilify their political opponents who are taken into custody. They apparently consider their rivals held on remand guilty until proven innocent.
The inversion of the presumption of innocence could have disastrous consequences, as evident from a large number of summary executions and political assassinations during the past armed conflicts in this country. The SLFP, the UNP and the JVP have committed the sin of physically eliminating their political opponents.
The current SLPP leaders, while they were in the SLFP-led UPFA government from 2010 to 2015, turned a parliamentary select committee into a kangaroo court against a Chief Justice, and hounded her out of office. The UNP also launched witch-hunts against upright public officials and judges and treated suspects as convicts. The JVP-led NPP has prejudged the guilt of three suspects, including former Justice Minister Wijeyadasa Rajapakshe’s son, Rakitha, and SJB organiser for Horana Charith Abeysinghe, arrested on Thursday on suspicion of seeking a bribe from the wife of a drug dealer in custody.
There is no gainsaying that the law must apply to everyone equally, and all allegations of transgressions must be probed. So, nobody should protest against the arrest of the aforementioned trio unless their legitimate rights are violated while in custody. If they are found guilty after a fair trial, stringent punishment must be meted out to them. This task is best left to learned judges. The government must not seek to gain political mileage out of their arrests. What one gathers from various statements the JVP/NPP politicians, including ministers, have been making about Rajapakshe and Abeysinghe is that the government is labouring under the misconception that they should be considered guilty simply because they have been arrested.
The SJB has suspended Abeysinghe’s party membership and launched a disciplinary inquiry. Such action is welcome. However, Abeysinghe should be given an opportunity to tell his side of the story and defend himself. The principle of natural justice must be upheld. That is how such matters are handled in the civilised world.
JVP/NPP politicians and propagandists continue to blame the SJB for having individuals with underworld links within its ranks. It should put its own house in order before telling other political parties how to deal with their members facing allegations.
Former Energy Minister Kumara Jayakody has been indicted for corruption before the Colombo High Court. The JVP/NPP unashamedly defended him to the hilt when the Opposition moved a motion of no confidence against him in Parliament. He stepped down when it became too embarrassing for the government to keep him in the Cabinet. What action has the JVP/NPP taken against him over charges of corruption? Has it at least held a disciplinary inquiry against him? Why hasn’t it suspended his party membership?
Editorial
Falling oil prices and fallen heroes
Friday 26th June, 2026
The whole world is enjoying the benefits of the US-Iran peace deal. Vessel traffic has more than doubled via the Hormuz Strait over the past 36 hours or so, bringing oil prices down steeply, according to media reports. Predictions that oil prices would not return to the pre-conflict levels in the foreseeable future have gone wrong.
World oil prices have come down almost to the pre-Iran war levels, with the global benchmark Brent crude dropping below USD 72.48 a barrel, described as the price it was at the day before the launch of the US-Israel attacks on Iran on 28 Feb., and settling at USD 72.63 per barrel. The US benchmark West Texas Intermediate (WTI) fell below USD 70 per barrel. These are very positive signs. Oil price decreases have stood all economies in good stead.
Some countries, such as the US, Australia and Pakistan, have opted for partial pass-throughs causing pump prices to drop, much to the relief of consumers who were reeling from the inflated fuel costs for more than three months. They have managed to cool inflation to some extent. But Sri Lankans are not that lucky. At the time of going to press, the JVP-NPP government had not decided to lower fuel prices; it was only trotting out various excuses for the so-called lag phase while pressure was mounting on it to reduce fuel prices at least partially. Sri Lanka’s fuel pricing has shown a rockets-and-feathers pattern under successive governments.
The JVP-NPP government did not scruple to opt for an immediate asymmetric cost pass-through when world oil prices increased. It allegedly resorted to price gouging by revaluing oil inventories, procured at lower costs, at prevailing market prices. When the Iran war erupted in late February, the government declared that the country’s fuel stocks were sufficient for several months, but it increased fuel prices immediately afterwards in keeping with global oil price hikes. Thus, it gets the best of both worlds by making fuel prices cost-reflective only when world oil prices rise. It is continuing the policies of the SLPP-UNP government, which it condemned for exploiting the public.
During their opposition days, the JVP/NPP leaders claimed that a government that increased local fuel prices whenever world oil prices rose was not worth its salt; it was a simple task that even a Pettah trader was equal to, they argued. They are now doing exactly what they flayed the previous governments for.
The Opposition has accused the government of keeping fuel prices unconscionably high to recover the staggering losses caused by the coal procurement scam, which has made the diesel-fired power plants operate overtime to compensate for a generation loss at Norochcholai. The Ceylon Petroleum Corporation has admitted that it had to buy some diesel shipments at prices as high as USD 286 per barrel to prevent supply disruptions. What has driven the demand for diesel high is the country’s overdependence on diesel-fired power plants to avoid power cuts.
Meanwhile, private bus operators, who secure fare hikes whenever diesel prices increase significantly, have argued that the operational and regulatory framework involving them and the National Transport Commission does not require them to lower bus fares when diesel prices decrease. If so, the government ought to introduce new laws and regulations to ensure that bus fares reflect diesel price decreases to prevent asymmetric pricing, for fuel is a major cost input in the transport sector.
If the JVP/NPP leaders were in the Opposition today, they would take to the streets demanding fuel price reductions. While out of power, they promised to champion the cause of the poor and resist injustice with might and main, just like Robin Hood and his Merry Men, but once in power, they are accused of behaving like Prince John and Sheriff of Nottingham; they are increasing taxes and enforcing compliance ruthlessly, besides jacking up tariffs. Such a hero-to-villain transformation usually carries significant political costs. No wonder the government is reluctant to face the Provincial Council elections.
Editorial
Indelible ink and tainted records
Thursday 25th June, 2026
The government has decided to scrap the long-held legal requirement to mark voters’ fingers with indelible ink at polling stations. It is in overdrive to introduce necessary legal amendments, we are told. The reasons given for its decision is that the practice of using indelible ink causes “operational inefficiencies” and “significant additional costs”. The Election Commission has claimed that the scrapping of the indelible ink requirement is its brainchild.
The JVP-NPP government is busy amending election laws and working on a new electoral system while doing everything in its power to postpone the Provincial Council (PC) elections further. If only the election monitors had continued to pressure the government to hold the PC polls rather than focusing on relatively inconsequential matters.
The use of indelible ink is not a silver bullet capable of preventing electoral malpractices, and therefore one can argue that its discontinuation may not render the electoral system any more vulnerable to practices, such as multiple voting. But whether it is prudent to do away with such safeguards against election malpractices, relying solely on the voter identification requirement is a moot point, given the fact that none of the main political parties are respecters of people’s franchise.
The UNP resorted to election malpractices and unleashed barbaric violence to retain its hold on power in the 1980s, when it used a heavily rigged referendum to make a general election disappear. The SJB, an offshoot of the UNP, is widely viewed as sharing the latter’s political DNA. The SLFP and its allies also rigged elections. In 1999, they chased away polling agents and stuffed ballot boxes in full view of the police to win the North Western PC polls. Some of the SLFP organisers responsible for violating election laws in that despicable manner are currently in the SLPP. The TNA fully endorsed the election boycott ordered by the LTTE in 2005 and even announced it. The JVP employed brutal methods such as shooting, beheading and quartering as part of its campaign to sabotage elections in the late 1980s. What guarantee is there that such political parties are any different from the proverbial cat that calmly held a lamp on a dining table only to revert to its old ways at the sight of a mouse?
As for the legal requirement of national identity cards (NICs) and other proofs of identity for voting, one may recall that the JVP seized the NICs of thousands of people during its reign of terror in the late 1980s. Some of the current JVP leaders have declared that they will not let go of power. They stand accused of working towards a one-party rule.
The Cabinet of Ministers is reported to have decided to remove provisions related to the use of indelible ink from election laws, while retaining voter identification requirements. Accordingly, the Presidential Elections Act, the Parliamentary Elections Act, the Provincial Council Elections Act, the Local Authorities Elections Ordinance, etc., are to be amended. One can only hope that the government will not turn amending election laws into a mega political project and use it as a pretext to postpone elections it is reluctant to face.
Most of all, a watchful eye needs to be kept on the amendments to be introduced, for there is no guarantee that the amendment Bills will not be stuffed with sections without judicial sanction to further the interests of the government. It has been revealed that when the Parliamentary Election Act of 1981 was amended in 1988, the words, “any member” (of a political party) were surreptitiously inserted thereinto after ratification to provide for the appointment of persons of party leaders choice to fill National List vacancies. In 2017, during the UNP-led Yahapalana government, several sections were incorporated into the Provincial Council Elections amendment Bill arbitrarily at the committee stage to provide for postponing the PC polls indefinitely. Controversy surrounds the manner in which the Online Safety Bill was “passed” in 2024. It was declared ratified amidst a noisy protest in the House.
Indelible ink is used by the countries in this part of the world as an antidote to multiple voting. Other democracies, especially in the West, have no need for it as they have reliable voter identification systems, which are however not totally foolproof. It is not prudent to presume that the franchise and the electoral process are invulnerable in this country, given the tainted records of the political parties that remain unremorseful. Hence, it is imperative that all safeguards against election malpractices be retained and strengthened.
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