Midweek Review
Parliament goes ahead with traditional tea party,regardless of corona threat !
Nov 17, 2020: MPs were invited for tea, halfway during the presentation of the budget.(pic courtesy Parliament)
By Shamindra Ferdinando
Parliament on Monday (16) afternoon announced that following the budget speech on Nov 17th, the traditional tea party, hosted by the Minister of Finance, would be held this year, too, though being limited to Members of Parliament, Ministers, Ambassadors, High Commissioners and invitees.
The statement issued by the Department of Communication, Parliament, didn’t explain how the House intended to hold a tea party, in terms of health guidelines in place, due to the rampaging coronavirus. The statement refrained from explaining how those who had been invited were to maintain the required distance, among guests, as well as follow the strict laws, pertaining to wearing facemasks.
Parliament also announced that only Ambassadors/High Commissioners, and officials, authorised by the Ministry of Finance, were invited, and seats reserved in the Speaker’s Gallery, during the budget presentation, subject to health and safety regulations. The Public Gallery and the Media Gallery ,will remain closed, Shan Wijetunga, Director, Department of Communication, stated in a media communique.
The decision to go ahead with the party is surprising, in the wake of the growing threat posed by the highly contagious coronavirus. Recently, Parliament closed doors to scribes, after several journalists, who covered its proceedings during the fourth week of October, tested corona positive. During the same week, Parliament overturned its own decision to deprive All Ceylon Muslim Congress (SLMC) leader Rishad Bathiudeen of an opportunity to attend the proceedings. The original decision was taken on the basis that lawmaker shouldn’t be allowed to participate in the proceedings, as all those in custody were subjected to quarantine laws.
With the national economy in tatters, as a result of debilitating losses caused by the country being deprived of major revenue sources, due to the worldwide pandemic, lawmakers shouldn’t have been in the mood to join the party. The unprecedented Corona attack disrupted major revenue sources, namely tourism, garment trade and foreign remittances, while also hitting relatively smaller business enterprises. The losses suffered by the national economy and the projected losses are likely to be much bigger than the losses experienced during the conflict.
Having watched former JVP lawmaker and Chairman of the COPE (Committee on Public Enterprises) Sunil Handunnetti, on Sirasa ‘Pathikada,’ on Monday morning, the announcement of the tea party, later in the day, seemed ridiculous. Responding to host Asoka Dias, Handunnetti lucidly explained the rapidly deteriorating financial situation, due to years of waste, corruption and irregularities, further worsened by the corona crisis. The JVPer painted an extremely bleak picture. Handunnetti pointed out how the incumbent government found itself in a deep financial crisis, with growing foreign and local debt threatening to overwhelm the country.
The JVP presence in Parliament has now been reduced to just three members, including one National List nominee (Prof. Harini Amarasuriya). In the previous Parliament, the JVP group comprised six with two National List members (Sunil Handunnetti and Bimal Ratnayake). Handunetti’s presentation was quite disturbing and underscored the urgent need for reforms to stop the rot.
The JVPer warned there were no short term solutions for the rapidly deteriorating situation. “The government cannot overcome depleted foreign reserves by printing money. Perhaps, printing money may seem a short-term answer, though the economic woes cannot be overcome by such measures,” he said
Parliament, as an institution, must review its duties and responsibilities. The country wouldn’t have been in the current financial mess if Parliament had fulfilled its obligations, in the past, under successive regimes. The bottom line is that the House has failed in its primary responsibilities with regard to ensuring financial transparency/stability and enactment of new laws.
Two key watchdog committees
constituted
Parliament will have to take tangible measures to drastically curb waste, corruption and irregularities, or face the consequences. Corona has dealt a massive blow to the national economy, already ruined by an utterly corrupt political party system. Parliament turned a blind eye to those hell-bent on cashing in, even at the expense of economic stability. There cannot be a better example than the Treasury bond scams, perpetrated in Feb 2015 and March 2016. The then President Maithripala Sirisena, having catapulted into power by an array of forces, led by the UNP, and, obviously, directed by foreign hands, used executive powers to save his benefactor, the UNP. Sirisena dissolved Parliament on the night of June 26, 2015 to deprive the then COPE Chairman, the intrepid Dew Gunasekera, an opportunity to present the report on the first bond scam to Parliament.
The then UNP-led government prevented police investigation into theTreasury bond scams. The President, in spite of growing differences with Premier Ranil Wickremesinghe, delayed the appointment of the Presidential Commission to probe it, till January 2017. Parliament received the report in late Dec 2017. Whatever the disputes between the government and the Opposition, the system ensures at least a debate on the report, but that, too, was sabotaged from within and was never held. Over a year after the last presidential election, and the incumbent government’s first budget, Parliament is yet to discuss the bond report. Can there be a system as corrupt as ours in any part of the world! Financial discipline seems the last thing in the minds of our people’s representatives as the situation now seems to be spiralling out of control.
Ironically, the Western champions of democracy, including certain warped UN bodies, who are ever ready to hound this country on apparent trumped-up war crimes charges, are quite conspicuous by their total silence over the sins of their darling, the UNP, when it comes to highway robberies it staged here, like the bond scams, its numerous incompetency, including the handling of the country’s security.
The COPE, the PAC (Public Accounts Committee), as well as the Finance Commission, under the leadership of newcomer National List MP Dr. Charitha Herath, Prof. Tissa Vitharana (86-year-old LSSP General Secretary) and Anura Priyadarshana Yapa, respectively, bear a very heavy responsibility for ensuring financial stability. The economy is in dire straits. The country is facing such overwhelming challenges, in the wake of the corona-devastated economy, the two watchdog committees and the Finance Commission will have to stand firm or accept responsibility for economic ruination.
The Samagi Jana Balavegaya (SJB) lawmaker Dr. Harsha de Silva offered to accept the daunting challenge of heading both watchdog committees. The government simply ignored the former UNP Deputy Minister’s offer, though he served as UNP leader Ranil Wickremesinghe’s deputy in the yahapalana administration.
The SLPP has now taken the responsibility for maintaining financial discipline among its ministers. Would it be beyond the strength and capacity of COPE and PAC to ensure transparency in financial matters? The Finance Commission primarily deals with the allocation of funds among the Provincial Councils, established in terms of the 13th Amendment to the Constitution, forced on Sri Lanka by New Delhi.
Dr. Herath faces an extraordinary challenge in leading COPE. Whatever political parties said, both COPE and PAC pathetically failed to improve financial discipline, though some of their revelations shocked the public. In spite of periodic revelations, those in power pursued their corrupt strategies, regardless of the consequences. None of those exposed by COPE had ever faced disciplinary inquiries, at party level, whereas those found guilty of corrupt transactions by courts were subsequently rewarded.
As part of the overall efforts to face the economic fallout, resulting from the unprecedented pandemic in our living memory, the government will have to take tangible measures to curb waste, corruption and irregularities. The economy is in such a bad shape, that lawmakers and the top administration cannot afford to continue corrupt practices, or receive further benefits for themselves, like for example brand new luxury vehicles, while the rest of us curse and suffer in silence.
A peacetime UN missive
Prime Minister Mahinda Rajapaksa’s Office last Thursday (12) received a missive from Ms. Hanaa Singer, the UN Resident Coordinator here. Singer intervened, on behalf of those demanding that burial of Muslim corona victims should be resumed or face the consequences. Ms Singer concluded her letter by offering UN assistance in this regard, if Sri Lanka required such support. The UN official cunningly copied the letter to Health Minister Pavitra Wanniarachchi, Foreign Minister Dinesh Gunawardena and Justice Minister Ali Sabry, PC. Naturally it became a cause celebre in newspapers and electronic media.
Why on earth does the GoSL need UN assistance to speak to the Muslim community? Let me reproduce Ms Singar’s missive to the Premier: “Allow me to reiterate the solidarity of the United Nations with the people of Sri Lanka in these challenging times marked by the COVID-19 emergency.
“Please be assured that the United Nations and its specialized agencies, funds and programmes, will continue providing support on the management of the epidemic.
“Across the world, the safe and dignified handling of those patients whose life has been tragically claimed by this virus has been an important part of the COVID-19 response.
“I am following with encouragement recent media reports that the current prohibition of burials of COVID-19 victims in Sri Lanka could be revisited shortly. In this context, I wish to take the opportunity to reiterate the concerns of the United Nations with the existing Ministry of Health guidelines, which stipulate cremation as the only method for the disposal of bodies suspected of COVID-19 infection.
“The World Health Organization, in its 24 March 2020 and subsequent updated interim guidance on 4 September 2020 on the ‘Infection prevention and control for the safe management of a dead body in the context of COVID-19’, notes that based on current knowledge of the symptoms of COVID-19 and its main modes of transmission (droplet/contact), the likelihood of transmission when handling human remains is low. The common assumption that people who died of a communicable disease should be cremated to prevent spread is not supported by evidence. Instead, cremation is a matter of cultural choice and available resources. According to World Health Organization guidance, people who have died from COVID-19 can therefore be buried or cremated according to local standards and family preferences, with appropriate protocols for handling the body.
“In the same context, I deem it important to inform you that I have received impassioned appeals from within and outside the Muslim community that perceive the current policy on burials as discriminatory.
“Against this background, I fear that not allowing burials is having a negative effect on social cohesion and, more importantly, could also adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact.
I recognize that during epidemics, for reasons of public health, Governments often need to take difficult and at times unpopular measures. However, in this case, the negative consequences of not allowing burials seem to outweigh any potential epidemiological benefit. Considering the evidence-based guidance of the World Health Organization, as well as the commitments of the Government of Sri Lanka to respect and uphold the rights of all communities, I therefore express my hope that the existing policy be revised so as to allow the safe and dignified burial of COVID-19 victims.
“The United Nations avails itself of this opportunity to renew its highest consideration to the Government of the Democratic Socialist Republic of Sri Lanka and stands ready to provide any relevant support on this matter.”
UNP in a bind
Four months after the last general election, the UNP and the Ape Jana Bala Pakshaya (AJBP) are yet to name their National List candidates. The UNP and the AJBP won a NL slot each at the August general election. The UNP had 106 lawmakers elected and appointed through its NL in the previous parliament, whereas AJBP has never had any representation in Local Government, Provincial Councils or Parliament before securing one NL seat last August.
In the 225-member Parliament, two vacancies remained when Premier Mahinda Rajapaksa, in his capacity as the Finance Minister, presented the 2021 budget.
The AJBP suffered irreparable damage due to a simmering dispute between former lawmaker Ven Atureliye Rathana and Bodu Bala Sena General Secretary Ven Galagodaatte Gnanasara over the NL slot.
Ven Rathana sought the NL slot after making an abortive bid to get elected from Gampaha, whereas their Kuurnegala District nomination list containing Ven Gnanasara and others was rejected by the Returning Officer on technical grounds.
The court dismissed the AJBP’s appeal against the rejection of its lists in several districts, including Kurunegala. The contentious issue of who fills the NL slot is now before the court of law.
In terms of the Parliamentary Election Act and the Constitution, a political party, if so desired, can refrain from naming its NL members. When the writer raised this issue with the then Chairman of the Election Commission (EC) Mahinda Deshapriya explained that the concerned political parties could retain the vacancies. “EC has no power over NL appointments,” Deshapriya said, recalling how the USA (United Socialist Alliance) delayed filling its vacancy in Parliament, following the 1989 general election. The vacancy was filled in 1991 when Raja Collure took oaths as a Member of Parliament. The USA consisted of the Communist Party of Sri Lanka, the Lanka Sama Samaja Party, the Nava Sama Samaja Party and the Sri Lanka Mahajana Pakshaya. The USA, in addition to one NL slot, won two seats.
Today, the vast majority does not remember how the UNP, by way of an infamous referendum, conducted in 1982, put off the general election, scheduled for 1983, to 1989. In other words, after the 1977 general election, that gave JRJ a 5/6 majority, there hadn’t been a general election, till Feb 15, 1989. At the violence-marred ‘89 poll, the UNP secured 125 seats, whereas the SLFP managed 67.
In terms of the system now in place, the appointment of NL members is the prerogative of the General Secretary of a particular party. UNP General Secretary Akila Viraj Kariyawasam will not move until party leader Wickremesinghe directs him. Contrary to expectations, Wickremesinghe refrained from making his decision before the vote on the 20th Amendment to the Constitution on August 22. The UNP is likely to keep its NL slot vacant during the budget debate, too.
There had never been a previous budget debate without the participation of the UNP. The failure to reach consensus on the NL slot has further weakened the party, with the SJB consolidating its position. With corona on the rampage, the SLPP, too, is likely to suffer, both in short and long term, in the absence of a cohesive strategy to meet the daunting economic challenges.
The SLPP winning a 2/3 approval for the 20th Amendment seems to be irrelevant as the epidemic continued to cause debilitating damage to the national economy. The government’s failure to properly ascertain/investigate the eruption of the second corona outbreak raised concerns among the public. The Attorney General seems to be on a collision course with the police, with the latter apparently adopting delaying tactics, an accusation, however, denied by the police. In the meantime, the origins of the second eruption remains a mystery, over six weeks after the detection of the first case in the second wave. The police cannot ignore the fact that the AG, issuing instructions as regards an inquiry, specifically referred to negligence on the part of the Brandix as well as government officials. Contrary to specific instructions received by the police, the police are yet to furnish a progress report on the corona eruption, as requested by the AG.
In the wake of the August defeat, the UNP appeared to have lost its prominent place in national politics. The UNP is unlikely to participate in the budget debate and, therefore, its NL slot is likely to remain vacant this year.
In spite of having an unbeatable near 2/3 majority, the SLPP, too, seems to be in some trouble, against the backdrop of the split over the 20th Amendment. Although the ruling coalition overcame differences and finally voted on Oct 22 for the 20th Amendment without division, political woes remain.
Minister Wimal Weerawansa complained to Premier Mahinda Rajapaksa, before the vote on 20 A, of an alleged attempt made by SLPP NL member Jayantha Ketagoda to convince some NFF members to vote for the new law even if their party decided not to. Political turmoil is set to continue as finances deteriorate.
Midweek Review
22A: Developing constitutional quagmire
The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.
The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).
Timeline
* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A
* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same
* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters
* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move
* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake
* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media
* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter
* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.
* August 11, 2026, Government admitted receiving the Mahanayakes letter
* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.
* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.
* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions
By Shamindra Ferdinando
In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.
Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.
Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.
However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.
Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.
Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.
The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.
SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”
The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.
Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.
Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.
Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?
The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.
Key Opp demands
Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.
Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners
Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.
As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.
But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.
Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.
The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.
The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.
The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.
However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.
18A and 20A
War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.
The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.
Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.
The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.
The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.
FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”
Midweek Review
Shakespeare’s female characters
Displaying Gender-Based Issues that Resonate with Our Times
by Dr. Siri Galhenage
Psychiatrist [Retd]
In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.
Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.
I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.
DESDEMONA in Othello –
A Victim of Morbid Jealousy

A scene from As You Like It
Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.
Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.
Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.
Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.
The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.
OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse
Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.
Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.
But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.
Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell
Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them. With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.
With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the renowned Austrian Psychoanalyst.
In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.
How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”
“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…
They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …
Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”
Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.
LUCRECE – in Shakespeare’s narrative poem The Rape
of Lucrece
Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.
During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.
Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.
Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.
In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.
Their entourage carry her body through Rome and vow to avenge the death of this ‘incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello
ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints
One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.
Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.
*****
Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.
Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.
Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.
Midweek Review
Nature’s Distress
By Lynn Ockersz
Nature’s not on any vengeance trail….
Rather, from dense forests of the West,
Now all aflame in parts as if in rage,
To South-East Asia’s savaging floods,
And Sri Lanka’s fierce dry spells,
Where man and beast are imperiled,
Nature’s signaling she’s distressed,
Over her custodian’s ravenous lust,
Which unceremoniously gobbles-up,
Her graciously bestowed riches;
‘Take warning; slow down at least now’,
She seems to be chiding her wayward son,
‘Be gentle with me and all my treasures,
And I’ll look to your continuing wellness,
But rein-in your self-destructive fire,
Lest it consumes your willful self in full,
And all I have left in your custodial care.’
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