Features
“Perspectives on Constitutional Reform in Sri Lanka”
Editors: Hiran W Jayewardene and Sharya Scharenguivel
Published by the International and Comparative Law Society 2021.
Reviewed by Neville Ladduwahetty
The publication of a book on Constitutional Reform containing the perspectives of eminent contributors recognized for their expertise on the subject at a time when there is an ongoing process set up to develop a new Constitution in Sri Lanka is a valuable and necessary contribution to the Constitution making process. As is usual, the book starts with a Foreword, followed by a Preface. However, what is unusual is the material in the Prologue that follows.
It starts with a personal background of the first Executive President of Sri Lanka, J.R. Jayewardene, as being a lawyer with a legacy of five generations of lawyers and proceeds to incorporate his “THOUGHTS ON CONSTITUTIONALISM”. This section covers the evolution of Constitutional Reform in Sri Lanka starting with the Donoughmore and Soulbury Constitutions, and explains the influences that made him an advocate of the presidential form of government in preference to the parliamentary system.
It then records the historical development associated with the adoption of a presidential system and how President Jayewardene defended its merits as being the most appropriate form of government for a developing country. The Prologue also gives the key features of the 1978 Constitution. Another noteworthy feature is the presentation of an overview of the perspectives of all the contributors to this volume, thus enabling the reader to gain a broad outline of their perspectives without having to labour through each contributor’s views individually.
One fact that should be borne in mind is that however progressive are the constitutional reforms and however independent institutions such as the judiciary and other key institutions are, their service to the public depends not on the written words in their respective instruments, but in the integrity and commitment of those who make them meaningful.
The perspectives of 22 contributors are presented under seven sections. The majority, if not all of them, are lawyers. I am not a lawyer. However, the majority of us are affected by the perspectives expressed by them when they become part of the constitution under which we are governed. Therefore, there is a relevance that the perspectives presented are reviewed from such a source.
PRESIDENTIAL v. PARLIAMENTARY SYSTEMS
Prior to addressing issues relating to Constitutional Reforms, there is a need to make the hard choice between the two fundamental Constitutional Systems, namely Presidential as at present or Parliamentary as it was in the past. It is only after making such a fundamental choice that one could proceed to explore the reforms that should be introduced to make its provisions best serve the interests of “We the People”.
Bearing in mind that the most cherished interest of the People is stability and security above all else, the choice that needs to be made is whether the Presidential or Parliamentary System would better equip the State to serve the primary interests of the People. While some contributors have addressed the pros and cons of each system and even gone to the extent of expressing their preferences, they have failed to take into account the context in which either system has to operate.
There are however, a few caveats that must be borne in mind when making the choice. The first is to recognize the context in which such a choice is made. The context in particular, is that although the United National Party and the Sri Lanka Freedom Party are the two major political parties to represent the People, neither is capable of mustering a majority to form a government. As a result, governments formed are invariably coalitions made up of several small parties that represent parochial interests. Consequently, policy decisions are compelled to operate within the constraints imposed by the narrow interests of these coalition partners.
The second is the recognition that the Legislative and the Executive are not separated under the parliamentary system of governance. Consequently, it is the supremacy of Parliament that makes the Executive represented by the Prime Minister and Cabinet of Ministers responsible to Parliament. However, the fact that both the Legislature and Executive need to function as one body, the stability of Parliamentary Systems is dependent on the solidarity of the Coalition; a fact which historically has not been known as an arrangement for stability, both in Sri Lanka and elsewhere.
On the other hand, the Legislature and the Executive are separate under the recognized principle of Separation of Powers in Presidential Systems. This separation of power reinforced by elections to each branch separately means that even if the stability of the Legislature is tenuous, the Executive remains intact to serve the urgent needs of the People even during a crisis. Despite this advantage as far as the people are concerned, the disadvantage is that fresh legislation is not possible if the political ideologies governing the Legislature are different to that of the Executive; a fact that was highlighted during the debates as the primary reason for rejecting Presidential Systems for governance. However, even under such circumstances compromises by each branch would not only make legislative outcomes more representative of the People, but also may even turn out to be more progressive.
The other criticism often cited is that presidential systems tempt authoritarianism arising from the fact that all Executive power of the People is exercised by one individual. While this is inevitable with presidential systems under separation of power, a rational way out is for Oversight Committees of Parliament to review Executive action through appointed Executives. However, authoritarianism could also exist under Parliamentary Systems as well, depending on the backing the Prime Minister has in Parliament as evidenced in other countries and admitted as a possibility in the Book.
An issue that has not received the attention it deserves and therefore should be part of the reform process is the uniqueness of the presidential system that exists in Sri Lanka. Despite the separation of powers enlarged in Article 4 of the 1978 Constitution, the accommodation of some Members of Parliament who essentially are members elected to the Legislature to also serve in the Executive as Members of the Cabinet of Ministers needs to be addressed. This anomaly needs to be addressed for the sake of clarity. In the absence of clarity, provisions exist where the Cabinet with an independently elected President as its Head is responsible to Parliament. Such contradictions are inevitable when the principles of separation of powers are compromised.
THE JUDICIARY
The need for an independent judiciary cannot be over emphasized. However, the selection and appointment of such a judiciary depends on the process, and the process in turn depends on the independence of those who recommend the appointments. Therefore, the institution and the mechanisms deployed need to be independent and free of influence in the exercise of their mandate. In order to achieve such an objective, current processes should be reviewed and reformed if the judiciary is to function as an independent body. In order to make the selection process more open and transparent, it may be necessary for the candidates selected by an Independent Commission to appear before a Parliamentary Oversight Committee for assessment, instead of limiting the process entirely within the judicial fraternity as recommended in the book.
Two others issues that should be part of Constitutional Reforms should be constitutional provisions for judicial review without any time constraints, and the other is the recognition given to the Preamble to the Constitution, because it is the Preamble that sets the broad principles of the Constitutional Framework for the judiciary to be guided in their deliberations whenever the ambiguities and limitations in the written law prevent the administration of justice. The recognition given to the Preamble is what would permit purposive interpretations thereby expanding the scope for administering justice without being bound by literal interpretations of the written word; a practice that could lead to justice being compromised.
DEVOLUTION
The topic of Devolution as in the past, is addressed from a majority/minority perspective as if communities live in defined territories with specific and distinct identities, thus confirming the absence of a fresh perspective to devolution. The inability to accept that in reality this is not the case, is regretted. In reality the composition of the Sri Lankan State is not a collection of Sinhala, Tamil or Muslim monolithic communities living in defined areas. Instead, it is a collection of human beings often with similar aspirations living in politically demarcated areas with political powers assigned to Local Governments as the lowest peripheral unit.
Such areas may be exclusively Sinhala, Tamil or Muslim or even Sinhala, Tamil or Muslim majority areas. However, even within such areas there are gradations and hierarchies within them that challenge their homogeneity. The issues that bind them are common interests in civil, political, economic, social and cultural advancement as they relate to human development; an interest that is common to all, whatever the composition of the community in terms of race, ethnicity, religion or other identities that make one community different to another. Consequently, devolution should be perceived from the standpoint of human development since it is an aspiration common to all human beings within communities and addressed from a fresh perspective if the lives and livelihoods of all communities are to advance.
HUMAN RIGHTS
There is a common thread in the perspectives between the title, “Human Rights and Development – the Need for Indivisibility”, in the section on human rights and the comments cited above on devolution. However, the difference between the two perspectives is that the former is represented as a right whereas the latter is implied as a responsibility of the community within the peripheral political unit.
The Universal Declaration of Human Rights contains a total of thirty articles. The majority of the articles are devoted to human rights an individual is entitled to within a sovereign State. Only Article 29 makes reference to “duties to the community”.
Article 29 states: (1) “Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Therefore, Human Rights is not only about rights and entitlements an individual could expect from the State but also about duties and even more so, responsibilities an individual has to the community, and through it to the State. Devolution should be addressed from this perspective. If this aspect is to be given its rightful place, it should be incorporated in the Preamble.
INTERNATIONAL TREATIES
Article 157 of the 1978 Constitution is the only article that addresses issues relating to International Treaties and Agreements. However, the provision in this Article that calls for a two-third approval of Parliament is required only in the case of Treaties and Agreements that are “essential for the development of the national economy…”. In view of this limitation and because any Treaty or Agreement is bound to have an impact on national interests, it is imperative that Constitutional Reforms address this lacuna and provide for ALL Treaties and Agreements between States to be subject to two-third approval of Parliament, because any and all commitments in such instruments become the responsibility of whichever government is in power. Furthermore, even non-treaty instruments such as Memorandums of Understanding should be subject to simple parliamentary majorities.
CONCLUSION
Dr. Hiran W. Jayewardene should be congratulated for taking the initiative to persuade an eminent group well versed in the complexities of Constitutional Reform to make public their views that could be of benefit to the ongoing process of Constitution making currently underway.
Features
US’ anti-migrant stance set to intensify tensions in Western camp
The announcement by the US authorities of an anti-migrant stance during a recent commemoration in France of the epochal D-Day Landings of June 6, 1944, ought to strike impartial observers as a supreme irony. Whereas what should have been expected was a vibrant celebration of the beginning of the process of Western Europe freeing itself decisively from Nazi or fascist control during the crucial stages of World War Two, this was not to be.
What the world heard instead was a call to contemporary Western Europe to arm itself against a seemingly rising and threatening migrant presence in the region. In other words, the migrant must be despised and ‘shown the door’.
Instead of a commemoration that rejoiced in the flourishing of liberal democracy and its values what one got was a strong affirmation of fascism and racial chauvinism. US Defense Secretary Pete Hegseth vented his spleen against the migrant or foreigner presence in Europe reportedly thus: ‘Sadly today different European beaches are stormed by different dangerous ideologies.’ To ‘beaches in Spain and Italy and Greece and Bulgaria, boats and men arrive. When will European capitals do something about that invasion?’
While at the outbreak of World War Two it was Nazi Germany that was doing the invading and bringing some principal European countries under its suzerainty, this time around we are being given to understand that it’s migrants to the West who are seeking to colonize the latter. It goes without saying that such inflammatory rhetoric would have the deleterious effect of keeping racial tensions alive in the West and jeopardize all possibilities of the countries concerned cementing and maintaining social stability.
The Trump administration gives the impression of taking a leaf from the politically underdeveloped regions of the South to keep the US polity stable and united. In South Asia, for instance, we are not short of ambitious demagogues who use what is referred to as the ‘race card’ to gather unto themselves a following and thereby further their political fortunes. By seeking to stir and sustain anti-migrant hysteria, the Trump administration is also essentially replicating Nazi Germany’s policy of anti-Semitism. That is, fascism is very much alive in the US under President Trump.
Such efforts at churning racial hysteria at this juncture in the US should not come as a surprise. For all intents and purposes, the Trump administration is nowhere near achieving its aims in West Asia, for instance, in the short term. It has failed to bring Iran down to its knees, as it hoped to do, but is adopting the expedient of keeping the world guessing and confused on what it is doing in the region, since it cannot withdraw from the theatre in a hurry without losing face.
While perhaps working out an escape strategy the Trump administration it seems, is hoping to maintain its following at home intact and silent by playing on their racial biases and insecurities. Hence, the anti-foreigner campaign.
Simultaneously, the Trump administration will need to keep a close eye on how economic pressures on the domestic front are panning out. Anti-administration sentiments first break to the surface at meal tables. On this score, the news cannot be good because the average US family’s spending power ought to be shrinking on account of rising energy and oil prices. Consequently, it would not be a bad idea to keep the attention of the US consumer diverted by adeptly playing ‘the race card’; once again, lessons from intellectually bankrupt Southern politicians are coming in handy.
To be sure such comparisons many politicians in vibrantly democratic countries would find quite unflattering. But the stark truth is that racism cannot be tolerated in civilized societies and those politicians who resort to it risk being branded as racists of the first degree. In fact they could be seen as being on par with the likes of German dictator Adolph Hitler and his close collaborators.
However, on the question of migrant policy the Trump administration would likely be at polar opposites with the most vibrant of liberal democracies of the West. This will be the case with the UK, France and Italy for instance. The latter continue to keep their doors open to legal migrants and they are likely to view a virtual blanket ban on migrants as reprehensible.
Moreover, in the foremost democracies of the West debates are vibrantly ongoing on the need to keep racism or any hint of it completely outlawed in the public plane. There is the case of the UK, for instance, where the authorities continue to emphatically pinpoint their adherence to the principle of anti-racism in the conduct of public affairs.
One proof of the above was the parliamentary debate relating to the killing of 18-year-old Henry Nowak in Southampton. Police handling of the victim came in for sharp scrutiny by particularly the opposition in the House of Commons but there seemed to be a consensus over the main political divide that the matter should not be politicized.
Moreover, the UK authorities stressed in the House the government’s strict adherence to the policy of non-racism. It was also pointed out that British institutions set up to manage racism at the national, county and neighbourhood levels, for example, were very much intact. In fact, Sri Lanka could gain considerably by studying and implementing locally, legislation modeled on the relevant UK laws if it is in earnest when it speaks of ‘reconciliation’.
Accordingly, it is highly unlikely that Western Europe would ‘cave in’, so to speak, to US pressure on issues related to migration. The liberal democracies of Western Europe in particular would remain for the foreseeable future migrant-welcoming, multi-ethnic and plural democracies.
Nor is it likely that Western Europe would be passively receptive to US demands that it drastically increases its defense spending to meet the latter’s aims. Within the Western fold the EU is remaining committed to backing Ukraine, for instance, in its ongoing armed resistance to the Russian invasion and it is not giving any indication of being deferent to US pressure.
However, although tensions would continue to bristle within US-Western Europe relations on the above and numerous other matters of contention it would be far too premature to announce a parting of company between the two sections of the West. In that sense, the post-World War Two order remains essentially intact. There are still many things in common between the two, particular on the economic plane, that will ensure the continuance of the partnership.
Features
A decade among Yala’s ghosts of gold
The first rays of dawn creep over the ancient rocks of Yala. The Indian Ocean glimmers in the distance, and the wilderness slowly awakens. Somewhere amid the scrub jungle, a pair of amber eyes scans the landscape.
For wildlife conservationist and leopard researcher Milinda Wattegedara, moments such as these have defined more than a decade of dedication to one of Sri Lanka’s most iconic creatures—the Sri Lankan leopard.
What began as fascination evolved into a remarkable conservation journey that has transformed the understanding of Yala’s leopard population and placed Sri Lanka firmly on the global wildlife research map.
“Long before I ever lifted a camera, leopards had already captured my imagination,” says Wattegedara. “What fascinated me was not merely their beauty but the complexity of their lives—their hunting strategies, movements, reproductive behaviour and their remarkable ability to adapt to changing environments.”
That fascination led to the birth of the Yala Leopard Diary in 2013, an ambitious long-term project dedicated to documenting individual leopards and unraveling the mysteries surrounding their lives.
For many visitors, a leopard sighting is a fleeting thrill. For Wattegedara and his team, every encounter is a chapter in an ongoing scientific story.
“Each photograph was never the end of an encounter,” he explains. “It was the beginning of deeper questions. How did a particular leopard use the landscape? How did its behaviour change with the seasons? What environmental pressures shaped its decisions?”
These questions drove years of meticulous fieldwork. Every sighting was carefully recorded with details including location, habitat, behaviour, date and time. Photographs were analysed to identify individual animals through unique spot patterns, allowing researchers to distinguish one leopard from another with remarkable accuracy.
What followed was groundbreaking.

YF77 “Shelly” pauses in quiet observation, embodying the alertness
and grace that define Yala’s leopard population.
From 2013 to 2026, the Yala Leopard Diary identified an astonishing 189 individual leopards within the Yala Block 1. The research revealed a leopard density of approximately 0.524 leopards per square kilometre, making Yala one of the highest leopard-density landscapes ever recorded anywhere in the world.
Such findings have elevated Yala’s status among global wildlife researchers.
Nestled between the Indian Ocean and a mosaic of habitats, ranging from rocky outcrops to dense scrub forests, Yala offers an ecological stage unlike any other.
Here, leopards are photographed silhouetted against ocean horizons, perched atop ancient granite formations, resting on tree branches and stalking prey across sunlit grasslands.
The images tell stories of extraordinary lives.
There is Haminee, a devoted mother navigating the challenges of raising cubs in a competitive landscape. There is Lucas, one of Yala’s most frequently documented males, striding confidently across the Gonalabba Plains with the vast ocean forming an unforgettable backdrop.
There is Ruki demonstrating the species’ incredible strength by hoisting prey onto branches, and Shelly, quietly surveying her surroundings in a moment of feline vigilance.
Together, these individuals have become familiar characters in a living wilderness drama.

YM31 “Ruki” secures prey on a branch, illustrating the remarkable strength and coordination of the Sri Lankan leopard.
Recognising the immense value of long-term documentation, Wattegedara joined forces with fellow researchers Dushyantha Silva, Raveendra Siriwardana and Mevan Piyasena to establish the Yala Leopard Centre in 2020.
Located at the Palatupana entrance to the Yala National Park, the centre is believed to be the world’s first information facility dedicated exclusively to leopards.
“The centre serves as a repository of knowledge, accumulated through years of observation and research,” Wattegedara says. “Our goal is to connect visitors with the science behind conservation and foster a deeper appreciation of these magnificent animals.”
The project’s impact extends far beyond Sri Lanka’s borders.
Research arising from the Yala Leopard Diary has been published in internationally recognised scientific journals. One study introduced an innovative framework for identifying individual leopards, while another documented an extraordinary and previously unrecorded case of a leopard cub being consecutively adopted by two different adult females—first a relative and later an unrelated leopardess.
The discovery attracted international scientific attention and highlighted the complexity of leopard social behaviour.
Yet for Wattegedara, the most important lesson remains one of humility.
“One conclusion has become increasingly clear,” he reflects. “Our understanding of these leopards remains far from complete. We are only beginning to understand how they live, adapt and persist in one of Sri Lanka’s most dynamic protected landscapes.”

YF15 “Hope” descends Rukvila Rock at dawn, showcasing the agility and adaptability of Yala’s leopards.
His words underscore an essential conservation truth: the more we learn about nature, the more mysteries emerge.
As Sri Lanka navigates growing environmental challenges, the Yala Leopard Diary stands as a shining example of what sustained observation, scientific curiosity and public engagement can achieve.
Beyond the stunning photographs and remarkable sightings lies something even more valuable—a growing body of knowledge capable of informing future conservation decisions and ensuring that future generations inherit a wilderness where leopards continue to roam free.
For more than a decade, Wattegedara and his colleagues have followed the tracks of Yala’s elusive predators through dust, rain and scorching heat.
Their work has revealed that every leopard has a story, every sighting has significance and every photograph can contribute to conservation.
And perhaps, most importantly, it has reminded us that the golden ghosts of Yala still have many secrets left to share.
By Ifham Nizam
Features
Glamour, music and community spirit …
Sri Lankans are quite active, all around the globe.
News has just come my way, from Glasgow, in Scotland, where the glamour of masks, music, dancing, and community spirit, came together, in spectacular fashion, at Masquerade Night, bringing together members of the Sri Lankan community for an evening filled with music, fashion, food and entertainment.
Organised by Mahesh Balaaratchi (DJ Mowgli) together with Sulochana Asmone, Hiroshini, Prasad, Ashi, and Shawn, the evening provided guests with an opportunity to socialise, enjoy live entertainment, and celebrate in a unique and elegant setting.
Guests arrived from 6:00 pm, dressed in formal attire and decorative masks, creating a colourful and vibrant atmosphere throughout the venue.

DJ Mowgli: The main
organiser of
Masquerade Night
There was a delicious selection of Sri Lankan cuisine and street food, which proved popular throughout the evening.
The buffet offered a variety of traditional favourites, giving attendees a taste of home while adding to the festive atmosphere.
Entertainment was provided by DJ Mowgli, whose performance kept the audience engaged throughout the night. His playlist featured a mixture of popular favourites, dance classics, and cultural music, remixed for a younger generation.
One of the highlights of the evening was the Baila session, which brought a distinctly Sri Lankan flavour to the event.
The Baila segment highlighted the importance of preserving and celebrating cultural traditions, while bringing people together through music and dance.
As familiar rhythms filled the room, guests enthusiastically took to the dance floor, creating one of the most memorable moments of the night.
The crowd was described as lively, energetic, and welcoming, with attendees embracing the spirit of the masquerade theme while enjoying the opportunity to reconnect with friends and meet new people. The family-friendly atmosphere ensured that guests of all ages could take part in the celebrations.
The festivities continued until midnight and included a range of competitions and entertainment.
Children and adults alike participated in fashion shows, while guests competed for awards in several ‘Best Dressed’ categories.
The creativity and effort displayed in both costumes and formal wear added an extra layer of excitement to the evening.
As the final songs played and guests prepared to leave, many were already looking forward to the next Event Night.
The evening’s proceedings were handled by Sam, Mahela and Isuru.
Their enthusiasm reflected the growing popularity of these gatherings and their increasing importance, within the local community calendar.
A series of community events has continued to grow in popularity among the Sri Lankans in Glasgow, with Halloween Night coming up on 31st October.
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