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Proposed 20A to the Constitution makes the President “a super-creature” – Suren Fernando
ECONOMYNEXT –
The proposed 20th Amendment to the Constitution concentrates power in the President creating a “super creature not accountable to Parliament or the Courts,” says lawyer Suren Fernando.
Fernando, who was a National List nominee for the main opposition Samagi Jana Balavegaya, (SJB) says the sweeping powers given to the Presidency takes away the checks and balances on the powers of the President brought in by the 19th Amendment.
The government gazetted the proposed amendments which also allows dual citizens to hold political office.
This would open the door for Basil Rajapaksa, the Chief Organiser of the ruling Sri Lanka Podujana Peramuna to enter Parliament and hold a Cabinet position, he said.
The younger Rajapaksa brother of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa is a dual citizen of the United States and Sri Lanka.
In an interview with EconomyNext Fernando said the crucial proposal to diminish the powers of the Constitutional Council (CC), created by the 19A will move power away from Parliament to the Executive.
The proposed Parliamentary Council will have no civil society representation and can only advise the President, he said.
The previous CC made the appointments and also reviewed the work of the independent commissions, Fernando noted.
The incumbent President “will have the sole power to appoint the members to Commissions, the Apex Courts (Supreme Court and the Court of Appeal) as well as the Inspector General of Police and the Attorney General.”
“This creates the risk that President will appoint people he thinks are favourable to him,” Fernando says.
In the case of Parliament and the Cabinet, the President under the proposed amendments will have the supreme power to appoint anyone he wishes as Ministers. The President can also hold any Ministry he wishes.
“This means that that through this power, he can control Parliament as well,” he opined.
The Amendment does say that the President is answerable to Parliament, “but that will be nominal,” Fernando says.
Under the 19A the President could only appoint Members of Parliament on the advice of the Prime Minister.
The proposal also abolishes the Audit Service Commission and the National Procurements Commission which were introduced by 19A as watchdog bodies on Public Finance.
“It was because of the Audit Commission that the Bonds Scam was discovered,” Fernando said.
The 20A also re-introduces the immunity granted to the President which was taken away in the 19A. Currently the President is immune from criminal prosecution during his term.
News
PUCSL and Treasury under IMF spotlight as CEB seeks 11.5% power tariff hike
The Public Utilities Commission of Sri Lanka (PUCSL) and the Treasury are facing heightened scrutiny as the Ceylon Electricity Board (CEB) presses for an 11.5 percent electricity tariff increase, a move closely tied to IMF-driven state-owned enterprise (SOE) reforms aimed at curbing losses and easing fiscal pressure on the State.
The proposed hike comes as the Treasury intensifies efforts to reduce the budgetary burden of loss-making SOEs under Sri Lanka’s IMF programme, which places strong emphasis on cost-reflective pricing, improved governance and the elimination of quasi-fiscal deficits.
Power sector sources said the PUCSL has completed its technical evaluation of the CEB proposal and is expected to announce its determination shortly.
The decision is being closely watched not only as a test of regulatory independence, but also as an indicator of how Treasury-backed fiscal discipline is being enforced through independent regulators.Under the IMF agreement, Sri Lanka has committed to restructuring key SOEs, such as, the CEB to prevent recurring losses from spilling over into public finances.
Treasury officials have repeatedly warned that continued operational losses at the utility could ultimately require state intervention, undermining fiscal consolidation targets agreed with the IMF.
The CEB has justified the proposed 11.5 percent hike by citing high generation costs, foreign currency loan repayments and accumulated legacy losses, arguing that further tariff adjustments are necessary to stabilise finances and avoid a return to Treasury support.
However, critics argue that IMF-aligned reforms should not translate into routine tariff hikes without meaningful improvements in efficiency, cost controls and governance within the utility.
Trade unions and consumer groups have urged the PUCSL to resist pressure from both the CEB and fiscal authorities to simply pass costs on to consumers.
They also note that improved hydropower availability should reduce dependence on expensive thermal generation, easing cost pressures and giving the regulator room to moderate any tariff increase.
Energy analysts say the PUCSL’s ruling will reflect how effectively the Treasury’s fiscal objectives are being balanced against the regulator’s statutory duty to protect consumers, warning that over-reliance on tariff increases could erode public support for IMF-backed reforms.
Business chambers have cautioned that another electricity price hike could weaken industrial competitiveness and slow economic recovery, particularly in export-oriented and energy-intensive sectors already grappling with elevated costs.
Electricity tariffs remain one of the most politically sensitive aspects of IMF-linked restructuring, with previous hikes triggering widespread public discontent and raising concerns over social impact.
The PUCSL is expected to outline the basis of its decision, including whether the proposed 11.5 percent increase will be approved in full, scaled down, or restructured through slab-based mechanisms to cushion low-income households.
An energy expert stressed that Sri Lanka navigates IMF-mandated fiscal and SOE reforms, the forthcoming ruling is widely seen as a defining moment—testing not only the independence of the regulator, but also the Treasury’s ability to pursue reform without deepening the burden on consumers.
By Ifham Nizam ✍️
News
Bellana says Rs 900 mn fraud at NHSL cannot be suppressed by moving CID against him
Massive waste, corruption, irregularities and mismanagement at laboratories of the country’s premier hospital, revealed by the National Audit Office (NAO), couldn’t be suppressed by sacking or accusing him of issuing death threats to Health Secretary Dr. Anil Jasinghe, recently sacked Director of the National Hospital of Sri Lanka (NHSL) Dr. Rukshan Bellana told The Island.
Dr. Bellana said so responding to Dr. Jasinghe’s request for police protection claiming that he (Bellana) was directly responsible for threatening him.
The NPP government owed an explanation without further delay as the queries raised by NAO pertained to Rs 900 mn fraud/loss caused as a result of procurement of chemical reagents for the 2022 to 2024 period remained unanswered, Dr. Bellana said, pointing out that NAO raised the issue in June last year.
Having accused all other political parties of corruption at all levels, the NPP couldn’t under any circumstances remain mum on NAO’s audit query, DR. Bellana said, claiming that he heard of attempts by certain interested parties to settle the matter outside legal procedures.
The former GMOA official said that the NPP’s reputation was at stake. Perhaps President Anura Kumara Dissanayake should look into this matter and ensure proper investigation. Dr. Bellana alleged that those who had been implicated in the NAO inquiry were making an attempt to depict procurement of shelf time expired chemical reagents as a minor matter.
By Shamindra Ferdinando ✍️
News
First harvest of rice offered to Dalada Maligawa
Continuing a centuries-old tradition, dating back to the era of ancient kings, the annual ‘Aluth Sahal Mangalya’—the offering of alms prepared from the maiden harvest of rice—was ceremonially observed at the Sri Dalada Maligawa on Duruthu Full Moon Poya Day, 03rd January.
The religious observances were conducted with the participation of Ven. Thibbatuwawe Sri Medhankara Thera, a member of the Thevava (officiating clergy) of the Sacred Tooth Relic, and Diyawadana Nilame Pradeep Nilanga Dela.
In keeping with long-established customs, paddy harvested from lands belonging to the Sri Dalada Maligawa was brought from the Atuwa (granary) in Pallekele. The newly harvested rice was subsequently prepared and offered as Buddha Pooja to the Sacred Tooth Relic.
Text and Pic by SK Samarnayake ✍️
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