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SC concludes hearing petitions for and against constitutionality of 20A

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Determination to be conveyed to President, Speaker

By Chitra Weeraratne and A.J.A. Abeynayake

The Supreme Court yesterday concluded the hearing of petitions for and against the constitutionality of the proposed 20th Amendment to the Constitution. The decision of the court will be conveyed to the President and the Speaker.

The five-Judge Bench of the Court heard petitions for the fourth day yesterday.

Thirty nine petitions were filed against the proposed 20th Amendment to the Constitution.

 The immunity granted to the President in Article 35, was only during his term of office, Attorney General, Dappulu De Livera informed the Court yesterday.

He appeared for the state, pertaining to the Bill.

President’s Counsel De Livera explained that according to the 20th Amendment the decisions of the Supreme Court were final. Similarly, the Parliament enjoyed certain immunity. There was immunity around every organ of the government, he said.

The immunity under Article 35, was only confined to the term of office in the Bill, but liable thereafter.

“Article 31 states that the President is the Head of Armed forces, according to the amendment. This is needed for public safety, law and order during natural disasters and catastrophes.

If the acts of the President is to be obstructed it will affect all the aforesaid issues. If the President’s actions as are to be subjected to judicial review it will impede his work. This immunity is in Article 35.

In the amendment the President is vested with immunity to safeguard the nation and national security.

The Article 126 jurisdiction is not necessary in view of Article 138 in the Bill, which is a constitutional check on the President.

If the President is constantly pulled back by Article 126, his work will be impeded. The Article 138 in the Bill checks on the acts of the President.

In a vibrant democracy this check has to operate.

In terms of Article 131, the President Exercised Executive power. If that was impeded the sovereignty of the people would be affected.

If the Acts of the President were subject to constant judicial review, his work as President would be impeded. The President had to exercise executive power in public interest and no other, the AG argued.

The AG submitted that Article 126 jurisdiction amounted to a fetter on the presidential acts. He then referred to the dissolution of Parliament in section 14 of the Bill, which seeks to restore the power of the President to dissolve Parliament within one year.

The power to dissolve is granted to the President in public interest. When the President exercises the power vested in him under Article 70, the franchise of the people is ensured. When Parliament is unstable the sovereignty of the people has to be protected. The Executive under public interest can handle instability. Parliament may be elected by the people. If a bad situation arises, the Parliament should be dissolved and the people will be asked to give a fresh mandate.

The Prime Minister has to command the confidence of the Parliament. If that is lost, the remedy is for the President to remove him.

The power to remove the Prime Minister in public interest is vested in the President in the new amendment.

The four-and-a half-year period for the dissolution of Parliament had proved ineffective. The Parliament must go on for the welfare of the people, not otherwise when Constitutional Council is replaced by Parliamentary Council, the institution had only been re-defined, the AG added.

The final decision maker was the President. He would exercise t in public interest, the AG added.

“The Executive Power is in the President, not in the Constitutional Council. The President’s hands are not tied.

On Wednesday (30), counsel appearing on behalf of 32 of the petitions filed challenging the proposed constitutional amendment concluded their statements.

When the petitions were taken up on Friday (02), the counsel representing all 39 petitions against the constitutional amendments concluded their oral submissions against the original draft of the 20th Amendment.

During the hearings last week Attorney General Dappula de Livera informed the Supreme Court that amendments would be introduced during the committee stage debate in Parliament on the draft 20th Amendment.

The Samagi Jana Balavegaya (SJB) and the Tamil National Alliance are among  the groups that filed petitions in the court against the 20th Amendment to the Constitution.

The five-Judge bench of the Supreme Court headed by Chief Justice Jayantha Jayasuriya commenced hearing of the petitions last Tuesday (Sept. 29).

 The bench includes Justices Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Vijith Malalgoda.

 

 



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Expert: Mismanagement of CEB hydro resources increases costly oil-powered electricity generation

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Vidura

The Ceylon Electricity Board (CEB) is in one of the strongest hydro storage positions in recent memory, but it has mismanaged key hydropower complexes, causing an increase in oil-powered electricity generation and and costs.

Energy expert Dr. Vidura Ralapanawe has raised serious concerns over CEB’s operational decisions, particularly the skewed use of the Mahaweli and Laxapana hydropower complexes. “By mid-May, the system had ample storage — about 60% overall — which is actually a very good position to be in just before the South-West monsoon rains,” he said. “But within that headline figure is a huge imbalance. Mahaweli reservoirs are near 75%, while Laxapana is languishing at 30%.”

This lopsided storage has already caused direct operational problems. The Canyon power station, which is fed by the Maussakele Reservoir in the Laxapana complex, has been forced to reduce its output. The 60MW plant is now operating at just 40MW due to limited water availability. Downstream, the 100MW New Laxapana station is similarly constrained.

The Laxapana complex is not just another hydropower asset — it plays a vital role in Colombo’s drinking water supply. It is required to run continuously to maintain flows for water treatment plants. “That means the CEB must generate from Laxapana 24/7, no matter what,” Ralapanawe said. “So how did they allow it to reach such a critically low level, especially when Mahaweli reservoirs are full?”

Ralpanawe said: “Instead of making adjustments to maintain operational flexibility, the CEB appears to have run the Laxapana complex harder than necessary in previous months while underutilising Mahaweli, where Victoria and Randenigala are sitting comfortably. The consequence? More reliance on oil-based thermal generation, even as the country’s dams remain well-stocked.”

“This is not just a technical problem — it’s an economic one,” he stressed. “Oil is expensive. When you underutilise hydropower in a year like this, you’re actively choosing to drive up the cost of generation.”

The apparent lack of coordination between the Mahaweli and Laxapana systems is especially baffling given the CEB’s long-standing familiarity with both. “The CEB has operated these systems for over 40 years. They know the inflows, the rainfall patterns, the seasonal irrigation releases — none of this is new,” Ralapanawe said.

Moreover, the growing integration of AI and data-driven forecasting tools in the global energy sector makes such mismanagement increasingly indefensible. “If, in the age of AI, we’re still hearing that ‘it’s too complex’ to manage these reservoirs in tandem, then something is seriously wrong,” he added.

Dr. Ralapanawe urges the CEB to provide an explanation: “Why was Mahaweli underdispatched when it was full? Why was Laxapana overused to the point that we now can’t get full capacity from critical plants like Canyon and New Laxapana? What is the economic impact of burning more oil than necessary?”

The missteps are already costing the public. Higher generation costs will ultimately be passed on to consumers in the form of increased tariffs, a burden made heavier in an already strained economy,” says Dr. Ralapanawe.

Ironically, 2025 was shaping up to be a strong hydro year, offering a rare opportunity for cost savings and reduced fossil fuel use. Instead, mismanagement has left key reservoirs unbalanced and locked the system into a more expensive operating mode — one that benefits oil suppliers but punishes the average household and industry.

Dr. Ralapanawe’s message is blunt: “This is not just about water and electricity. This is about public accountability and economic responsibility. If the CEB cannot manage two hydro systems properly with decades of data at its fingertips, then it must rethink its leadership and planning structures — or risk repeating the same costly mistakes year after year.”

Our efforts to contact CEB officials for comment were in vain.

By Ifham Nizam

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Million Lankan women workers will lose their jobs if Trump’s 44 % tariff goes into effect

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As many as a million Lankan women workers in key export sectors will lose their jobs and income if the 44 percent tariffs imposed by US President Donald Trump come into force at the end of the 90-day pause, Asia News has reported.

Sri Lanka’s main export industries, such as apparel, tea, gems, rubber and cinnamon, that employ mostly women, will be the most affected by the new tariffs since the US market is one of their most lucrative.

Apparel workers reproach the government for its “lethargic attitude” and failure to consider the concerns of workers and unions, not least because their representatives were not asked to participate in the discussions on tariffs.

The apparel industry accounts for about 40 percent of the country’s total exports, and is crucial for its economy. It also employs mainly women from low-income backgrounds in rural areas, for whom these jobs represent a crucial pathway out of poverty.

Since most apparel workers are also breadwinners, their wages help extended family networks in economically disadvantaged regions.

“The Women’s Centre collaborated with 25 other women’s organisations to carry out our campaign against the US tariffs hindering women workers,” said its Executive Director, Padmini Weerasuriya.

If the tariffs go into effect, “Their take-home pay will decrease significantly,” she added. “As orders dip and approximately six million dependents will also be severely impacted.”

“These women need job security as factories are already discussing about possible layoffs of workers, since demand is likely to drop.”

Compared to India and Bangladesh, she warns, Sri Lankan women face greater competition since “the tariffs imposed on Sri Lanka are higher”. That is why several manufacturers are already moving their operations to Vietnam, Bangladesh and Africa.

If plants shut down, more than 350,000 women working will be impacted. AsiaNews met three of them, 33-year-old Subadra Aponsu, 31-year-old Hemamamli Akaravita and 30-year-old Sandamini Tissera who spoke about their difficulties.

“We are the breadwinners of our families as our parents are elderly and sick. Our siblings are married and they are unable to provide for our parents. During the past several years, we have been working hard and providing for our families. If we lose our jobs, we have no option but to mortgage our homes,” they explained.

“During the economic crisis, we had to sell our paddy fields. Currently, our employers are planning to leave the country. We may lose our jobs shortly. We are unable to find employment elsewhere as almost every apparel manufacturer is planning to sell their business. In our boarding house, several women have already lost their jobs.”

According to economic analysts Sampath Amarasinghe and Niroshini Caldera, “due to the new tariffs, there will be a significant decline in export volumes with a severe erosion of Sri Lankan goods’ competitiveness in US markets.” All this, they warn, could result in “many Sri Lankan products ending up out of reach for US consumers and businesses.”

The greatest risk concerns “price- and cost-sensitive categories like garments, where profit margins are already low and competition from other countries is intense.”

The new tariff will see exports to the United States drop by 20 percent, with an annual loss of about US$ 300 million in foreign currency earnings.

As Sri Lanka’s total exports of goods in 2024 reached US$ 13 billion, the experts conclude, this represents “a major blow to the country’s balance of trade” and “economic growth prospects”.

Meanwhile, several women’s groups started a petition last week in the Katunayake Free Trade Zone (the first and largest of the country’s eight FTZs). – (AsiaNews)

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Sri Lanka reiterates commitment to repeal PTA in talks with EU

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EU and Sri Lanka delegations meet in Colombo (pic courtesy Foreign Ministry)

Sri Lanka has again declared its commitment to repeal the Prevention of Terrorism Act (PTA) during the recently concluded talks with the European Union.

At the eighth meeting of the Working Group on Governance, Rule of Law and Human Rights under the EU-Sri Lanka Joint Commission, held in Colombo, Sri Lankan representatives “confirmed the commitment to repeal the Prevention of Terrorism Act (PTA), and briefed the Working Group on the timeline to replace it with new counter-terrorism legislation in compliance with international norms and standards.”

The PTA has long drawn criticism from civil society, rights organisations, and international observers. The law has enabled arbitrary detention and torture for decades, particularly against Tamils. Despite repeated pledges by successive governments, no comprehensive repeal has yet materialised.

Though the National People’s Power (NPP)-backed government has stated its commitment to repeal the PTA during election campaigns last year, once in power it has not yet taken legislative action to do so.

The following is the text of the joint statement issued by the government and the EU: The eighth meeting of the Working Group on Governance, Rule of Law and Human Rights under the EU-Sri Lanka Joint Commission was held in Colombo on 5 May.

The Working Group discussed a range of matters of mutual interest, including efforts to combatting corruption, upholding human rights including labour rights; rights of persons belonging to minorities; women’s rights; child rights; a conducive space for civil society; strengthening electoral processes; and preventing discrimination based on gender and sexual orientation.

During the discussions, the European Union congratulated Sri Lanka on the well-organised and peaceful Presidential and Parliamentary elections last year and Sri Lanka appreciated the European Union Election Observation Mission at the Presidential elections.

The European Union also congratulated Sri Lanka on the stabilisation of the economy, continued efforts towards recovery and important initiatives such as the Government Action Plan for the implementation of governance reforms based on the IMF recommendations. Sri Lanka briefed the European Union on the adoption of the National Action Plan to Combat Corruption as well as steps taken to strengthen the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). The EU and Sri Lanka agreed on the importance of governance and judicial processes to strengthen the rule of law. The Sri Lanka side briefed the EU on the steps being taken by the Government since its election to strengthen the democratic process, governance, rule of law and the legal framework for protecting and promoting human rights. They agreed on the important role of civil society organisations, particularly in fostering inclusive and consultative legislative processes within democratic societies.

The Working Group reiterated its shared commitment to promote and protect human rights and to collaborate, as applicable, on the effective implementation of international human rights instruments. Sri Lanka confirmed the commitment to repeal the Prevention of Terrorism Act (PTA), and briefed the Working Group on the timeline to replace it with new counter-terrorism legislation in compliance with international norms and standards. The European Union recalled the need to bring relevant legislation in line with international Human Rights and ILO conventions to ensure continued access to the European market through the GSP+ trade preferences.

The European Union welcomed the commitment of the Government to end discrimination and build national unity, as well as the pledge to strengthen the truth and reconciliation framework in Sri Lanka, through an inclusive and participative process of all communities.

The EU and Sri Lanka reiterated their commitment to continue to work in the multilateral UN framework and continue their engagement with the Office of the High Commissioner for Human Rights and the Human Rights Council.

The European Union and Sri Lanka also reaffirmed their shared commitment to continuing to support a multilateral, rules-based international order grounded in international law, with the United Nations at its core.

The conclusions and recommendations of the Working Group will be reported to the EU-Sri Lanka Joint Commission to be held in Colombo during the latter half of the year.

The Delegation of Sri Lanka was led by Sugeeshwara Gunaratna, Director-General/ Europe and North America Division of the Ministry of Foreign Affairs, Foreign Employment and Tourism. The Delegation of the European Union was led by Charles Whiteley, Head of the South Asia Division of the European External Action Service.

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