Features
SOME SERIOUS CONSTITUTIONAL ISSUES
THE 20TH AMENDMENT BILL –
By Dr Nihal Jayawickrama
The author of the 1978 Constitution has never been officially disclosed. It was included in the report of a select committee of the National State Assembly appointed to consider amendments to the first republican constitution of 1972 without it ever having been considered by that committee. It was passed in the NSA with the requisite two-third majority and became law in September 1978. For the first time in our constitutional history, 12 of its Articles were declared to be unamendable except with a two-third majority in the Parliament that it established, followed by approval of the people at a referendum.
The first of these Articles changed the name of the Island from the “Republic of Sri Lanka” to “the Democratic Socialist Republic of Sri Lanka”, following the example of Chairman Kim Il-Sung who renamed his country as the Democratic Peoples’ Republic of Korea. Article 3 states that “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”. A Bill which is inconsistent with this Article becomes law only when it is passed with a requisite majority and then approved by the People at a referendum. Article 4, which is not among the twelve, explains how sovereignty shall be exercised and enjoyed.
The powers of government
The President of the Republic is described in Article 30 as “the Head of State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces”. The description of his title is identical to that in both the 1946 and 1972 Constitutions. In the exercise his powers and functions (except when appointing the Prime Minister), he is required to act on the advice of the Prime Minister and the Constitutional Council. Therefore, he is in every respect, a constitutional Head of State. Under the Constitution, the powers of government are vested in the Prime Minister who is the Member of Parliament who enjoys the confidence of Parliament, and in the Cabinet of Ministers who are all Members of Parliament chosen by the Prime Minister. The Prime Minister may be removed from office only through a vote of no-
confidence passed in Parliament, and it is only the Prime Minister who may determine whether or not to remove a Minister from his or her office. The Cabinet of Ministers are collectively responsible and answerable to Parliament. The 20th Amendment Bill seeks to transfer all the powers of the Prime Minister to the President and empowers him even to remove the Prime Minister and the Cabinet of Ministers. It also seeks to abolish the Constitutional Council. Article 3 states quite emphatically that the powers of government, as set out in the Constitution, are “inalienable”.
The judicial power of the People
The Constitution has vested judicial power exclusively in the judiciary. The 20th Amendment Bill seeks to vest the President with the power to appoint not only the Judges of the two appellate courts, but also the members of the Judicial Service Commission which is responsible for the appointment of judges of original courts. Today, he may exercise these powers only with the approval of the Constitutional Council. In effect, therefore, the person who has absolute control of the executive, as well as the legislative programme in Parliament, will also be the person who will have absolute discretion is choosing and appointing the judiciary which is the institution vested with the power to determine whether the actions of the executive and the legislature are in accordance with the constitution and the law. Will this not infringe the judicial power of the People which is identified in Article 4 of the Constitution as being an element of the sovereignty of the People protected by Article 3?
The judicial power of the people includes the right of access to the judiciary. The Constitution now enables a citizen to invoke the jurisdiction of the Supreme Court to determine whether any provision in a Bill placed on the Order Paper of Parliament is inconsistent with the Constitution. The 20th Amendment Bill seeks to limit, if not deny, that right by permitting the Cabinet to certify that a Bill in “urgent in the national interest”. In such event the Bill will be forwarded by the President to the Supreme Court for a special determination on constitutionality to be made within 24 hours. That determination will be forwarded only to the President and the Speaker, and the Bill may be immediately passed by Parliament. The denial of access to the judiciary is surely an interference with the judicial power of the People protected by Article 3.
The fundamental rights of the People
The fundamental rights of the People are protected by Article 3. These are set out in Chapter III of the Constitution; in Article 126 which provides a remedy for the infringement of any fundamental right; and in Article 35 which provides a remedy for the infringement of a fundamental right by any act done or omitted to be done by the President in his official capacity. The 20th Amendment Bill seeks to abolish the fundamental right to a remedy in respect of the official acts of the President now provided in Article 35 and is clearly an infringement of Article 3.
The franchise
The integrity of the franchise is protected by the establishment of an independent Election Commission appointed by the President on the recommendation of the Constitutional Council. The 20th Amendment Bill seeks to empower the President not only to appoint the Commission, but also to remove any member of that Commission, thereby seriously compromising the independence of the body established by the Constitution to ensure the integrity of the electoral process. The franchise is an integral element of the sovereignty of the People protected by Article 3.
The C-in-C and Minister of Defence
There appears to be a misunderstanding of the President’s role as Commander-in-Chief. Under the 1946 Constitution, the Queen was the Head of State, Head of the Executive and the Commander-in-Chief of the Armed Forces, and these powers were exercised on her behalf by a succession of Governors-General who acted on the advice of the Prime Minister. When the 1972 Constitution replaced the Queen with a President as Head of State, Head of the Executive, and Commander-in-Chief of the Armed Forces, those high-sounding titles did not bring with them any special powers. The Commander-in-Chief is not a uniformed officer. In parliamentary democracies, the principle of civilian control of the military is established through the designation of the Head of State as Commander-in-Chief as well. It is the President who declares war and peace, subject to the provision of resources by Parliament. It is the President who invokes the Public Security Ordinance and declares a state of emergency, subject to the approval of Parliament. These powers are vested in the Head of State, and not in the Minister of Defence.
Provincial Councils
The Government appears to have overlooked the fact that the abolition of the Constitutional Council, which is seeks through the 20th Amendment Bill, also impacts on the chapter in the Constitution dealing with Provincial Councils. Section 41 of the Bill seeks to amend Article 154R, an Article in Chapter XVIIA (Provincial Councils) of the Constitution. The purpose of the amendment is to enable the President to appoint three members of the Finance Commission without seeking the recommendation of the Constitutional Council, since the Bill seeks to abolish that Council. However, Article 154G of the Constitution states that no Bill for the amendment or repeal of any provision in Chapter XVIIA shall become law “unless such Bill has been referred by the President, after its publication in the Gazette and before it is placed on the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon”. That was not done because the Provincial Councils stand dissolved, and the new Provincial Councils have not yet been elected.
The Provincial Councils Elections Act imposes a duty on the Election Commission, within one week of the dissolution of a Provincial Council, to publish a notice of its intention to hold an election to such Council. That has not been done. Therefore, when the 20th Amendment Bill was placed on the Order Paper of Parliament two weeks ago, it was done in violation of Article 154G of the Constitution. It is a repetition of the notorious 2012 Divineguma Bill episode where the Supreme Court held that Parliament could not proceed with such a Bill even if it was only in one province that a new Provincial Council had not yet been elected. Moreover, the failure to consult the elected Provincial Councils also impinges on the franchise, an element of the sovereignty of the people protected by Article 3 of the Constitution.
An intractable problem?
Ordinarily, the solution would be to withdraw the 20thth Amendment Bill from the Order Paper, delete section 41, and place the Bill back on the Order Paper. However, adopting that course will not resolve the problem. For as long as Article 154R remains in the Constitution in its present form, the Constitutional Council will also need to remain in place since it is on the advice of the Constitutional Council that the President may make appointments to the Finance Commission. But the 20th Amendment Bill seeks to abolish the Constitutional Council. Therein lies an almost intractable problem.
Features
Putting people back into ‘development’ – a challenge for South
Should Sri Lanka consider an 18th IMF programme? Some academicians exploring Sri Lanka’s development prospects in depth are raising this issue. It is yet to emerge as a hot topic among policy and decision-making circles in this country but common sense would sooner rather than later dictate that it be taken up for discussion by the wider public and a decision arrived at.
The issue of an 18th IMF programme was raised with some urgency locally by none other than Dr. Ganeshan Wignaraja,Visiting Senior Fellow, ODI Global London, one of whose presentations, made at the Regional Centre for Strategic Studies (RCSS), Colombo, was highlighted in this column last week, May 7th. An IMF programme is far from the ideal way out for a bankrupt country such as Sri Lanka but a policy of economic pragmatism would indicate that there is no other way out for Sri Lanka. Such a programme is the proverbial ‘Bird in the hand’ for Sri Lanka and it may be compelled to avail of it to get itself out of the morass of economic failures it is bogged down in currently.
While local economic growth possibilities are far from encouraging at present, such prospects globally are far from bright as well. Some of the more thought-provoking data in the latter regard were disclosed by Dr. Wignaraja. For example, ‘The IMF’s April 2026 World Economic Outlook projects global growth slowing to 3.1 percent in 2026; with downside risks dominating: prolonged conflict, geopolitical fragmentation, renewed trade tensions, bearing down hardest on emergent and developing economies.’
However, as is known, an ‘IMF bailout’ is fraught with huge risks for the people of a developing country. ‘The Silver Bullet’ brings hardships for the people usually and they would be required by their governments to increasingly ‘tighten their belts’ and brace for perhaps indefinite material hardships and discontent. For Sri Lanka, the cost of living is unsettlingly high and 20 percent of the population is languishing below the poverty line of $ 3.65 per day.
These statistics should help put the spotlight on the people of a country, who are theoretically the subjects and beneficiaries of development, and one of the main reasons, in so far as democracies are concerned, for the existence of governments. Placing people at the centre of the development process is urgently needed in the global South and shifting the focus to other considerations would be tantamount to governments dabbling in misplaced priorities.
Technocrats are needed for the propelling of economic growth but a Southern country’s main approach to development cannot be entirely technocratic in nature. The well being of the people and how it is affected by such growth strategies need to be prime focuses in discussions on development. Accordingly, discourses on how poverty alleviation could be facilitated need urgent initiation and perpetuation. There is no getting away from people’s empowerment.
In the South over the decades, the above themes have been, more or less, allowed to lapse in discussions on development. With economic liberalization and ‘market economics’ being allowed to eclipse development, correctly understood, people’s well being could be said to have been downplayed by Southern governments.
The development issues of Southern publics could be also said to have been compounded over the years as a result of the hemisphere lacking a single and effective ‘voice’ that could consistently and forcefully take up its questions with the global powers and institutions that matter. That is, the South lacks an all-embracing, umbrella organization that could bring together and muster the collective will of the South and work towards the realization of its best interests.
This columnist has time and again brought up the need for concerned Southern sections to explore the potential within the now virtually moribund Non-Aligned Movement to reactivate itself and fill the above lacuna in the South’s organizational and mobilization capability. In its heyday NAM not only possessed this institutional capability but had ample ‘voice power’ in the form of its founding fathers, with Jawaharlal Nehru of India, for example, proving a power to reckon with in this regard. The lack of such leaders at present needs to be factored in as well as accounting for the South’s lack of power and presence in the deliberative forums of the world that have a bearing on the hemisphere’s well being.
The Executive Director of the RCSS, Ambassador (Retd) Ravinatha Aryasinha, articulated some interesting thoughts on the above and related questions at a forum a couple of months back. Speaking at the launching of the book authored by Prof. Gamini Keerewella titled, ‘Reimagining International Relations from a Global South Perspective’, at the Bandaranaike Centre for International Studies, Colombo, Amb. Aryasinha said, among other things: ‘Historically, there is a precedent that has been realized by the Non-Aligned group of countries – unfortunately, rather than being reformed and modified at the end of the Cold War, it has been tossed away.’
The inability of the nominally existent NAM to come out of its state of veritable paralysis and voice and act in the name of the South in the current international crises lends credence to the view that the organization has allowed itself to be ‘tossed away.’ The challenge before NAM is to prove that it is by no means a spent force.
As indicted, NAM needs vibrant voices that could advocate value-based advancement for the global South. Moral principles need to triumph over Realpolitik. Such transformative changes could come to pass if there is a fresh meeting of enlightened minds within the South. Pakistan by offering to mediate in the ongoing conflict between the US and Iran, for instance, proved that there are still states within the South that could look beyond narrow self-interest and work towards some collective goals. Hopefully, Pakistan’s example will be emulated.
Along with Pakistan some Gulf states have shown willingness to work towards a de-escalation of the present hostilities in West Asia. This could be a beginning for the undertaking of more ambitious, collective projects by the South that have as their goals political solutions to current international crises. These developments prove that the South is not bereft of visionary thinking that could lay the basis for a measure of world peace. That is, there are grounds to be hopeful.
NAM needs to see it as its responsibility to make good use of these hopeful signs to bring the South together once again and work towards the realization of its founding principles, such as initiating value-based international politics and laying the basis for the collective economic betterment of Southern people.
Features
Artificial Intelligence in Academia: Menace or Tool?
(The author is on X as @sasmester)
I have often been told by university colleagues how soulless and dangerous ‘artificial intelligence’ (AI) is to academia and humanity. They lament that students no longer read anything as they can now get various AI programmes to summarise what is recommended which is mostly in the English language to Sinhala or Tamil or get easier versions in English itself. They get their assignments and even dissertations fully or partially written by AI. And I am led to believe that universities do not have reliable detection software to assess plagiarism and academic fraud that have been committed using AI beyond the software freely available on the internet with their own limitations. This is due to financial restrictions in these institutions. Even these common malpractices have been done mostly with the aid of free AI programmes which are readily available, which means cheating in this sense is free and mostly safe. For teachers, this is a ‘menace’ in the same way ‘copying’ once was. But its implications are far worse.
But given the global investments made over AI, it cannot be wished away despite the enormous negative impact its use has on the environment, particularly due to its massive demand for energy. So, AI is with us to stay, and it has a considerable role to play in human civilisation even though like most innovations and inventions, this too carries its own burden of negativity. In this context, instead of demonising AI and lamenting its replacement of human agency and ingenuity, one needs to think seriously about how to deal with and engage with it reflectively and pragmatically as there is much it can offer if people are intelligent enough to make rational and sensible choices.
When I am making these observations, I am restricting myself to a handful of practices involving only writing both in university-based examination processes and in the fields of creative writing.
My initial introduction to AI was through the Research Methods class I used to teach in New Delhi. In 2022, this class was supposed to go to Dharmshala in Uttar Pradesh for fieldwork training, and we needed to write a funding proposal quickly. One of the students in the class, already familiar with ChatGPT introduced by OpenAI as a free programme in 2022, did the proposal with its help before the two-hour class was over. I edited it soon after and sent it off to the university administration for funding which we received. That stint of field work was completed in five days and was the most detailed work undertaken as a training programme up to that time in the university which had considerable output ranging from a documentary film to a detailed ethnography based on the findings.
While the technical details, the format of the proposal and its basic writing were done by AI due to the time constraints the class faced, its fine-tuning was done by me and a few students. AI could not then and even now cannot undertake that level of specificity without close human intervention. But the film, the ethnography and the actual process of research had nothing to do with AI. It was the result of human labour, thinking, planning and at times creativity and ingenuity. This was an early example of how AI could coexist in an academic environment if its technical usefulness was clearly understood and potential for excesses was also understood. But this was a time, easily accessible AI was just emerging, and we did not know much about it. But I was fortunate enough to have intelligent students in my class who gave me a crash course into this kind of AI use, which I followed up with my own reading and experimentation later on. As a result, I am keener now to see how it can be used for the betterment of academic practice rather than taking an uncritically demonising position, which I know will not lead anywhere.
But how is this possible? The lamentations of my colleagues about the abuse of AI in academic practice is not unfounded. It is a serious threat that remains mostly unaddressed not only in our country but almost everywhere else in the world too. This is mostly because the advancements of AI even in day-to-day free usage have far exceeded any thoughts for actionable codes of ethics to ensure its practice is sensible and ethical. At the same time, I cannot see why a student should not use AI to correct his spelling and grammar in assignments. I also cannot see why a student cannot seek AI’s help to secure research material from secondary sources available online which I have been doing for years. For instance, the originals of specific books and rare manuscripts might not be available in any repositories in our part of the world. In such situations, what AI might find us is all we have access to in a world where we are restricted in our mobility due to semi-racist visa regimes of failed empires and former superpowers as well as our own lack of ability to travel due to our own unenviable economic conditions. But unfortunately, the materials we need are often only available in research centers and libraries in those nations.
Similarly, when it comes to academic prose, it makes no sense now to take years to translate works from multiple languages to Sinhala and Tamil. This has always been a time-consuming, cumbersome and expensive process. Non-availability of Sinhala and English translations of core originals in languages such as English, French, German and so on has been a long-term problem for our country. But this can now be done well – at least from English to our languages – quite quickly and with a very low margin for error by using specific AI programmes which are meant to do precisely this. What this means is a quick expansion of knowledge in local languages which would have ordinarily taken years to achieve or might not have been possible at all. But still, this needs significant human intervention and time towards perfection. However, I do not think AI-based translations work as well for fiction and poetry or creative works more generally. But the ability for AI to emulate nuance and feeling in language is fast emerging. These are two clear examples of improving technical abilities in research and writing in which AI can be of help.
But looking for sources of information with help the help of AI or using it as a tool to undertake essential translations from one language to another is quite different from simply using it without ascertaining the accuracy of collected information, getting AI to do all your work without any reflection or without any hard work at all, including engaging AI to do the final product in a writing assignment — be that a term paper or a work of fiction. If one proceeds in this direction, as many unfortunately do nowadays, then, our ability to think and be creative as a species will become diminished over time and our sense of humanity itself will take a toll. This is what my colleagues worry about when they say AI is making younger generations soulless.
It is here that ethical practices on how to use AI responsibly without compromising our sense of humanity must play a central role. But these ethical practices must be formally written and taught, followed by viable programmes for detection and publication if unethical practices are followed. This needs to be the case particularly in teaching institutions as well as the broader domain of creative writing. After all, what is the fun in reading a novel or a collection of poetry written by AI?
It is time people began to think about what AI can do in their own fields without falling prey to its power and their own laziness. This brings to my mind Geoffrey Hinton’s words: “There is no chance of stopping AI’s development. But we need to ensure alignment; to ensure it is beneficial to us …” Similarly, as Yann LeCun observed, “AI is not just about replicating human intelligence; it’s about creating intelligent systems that can surpass human limitations.” In this sense, it is up to us to find our edge in creativity and common sense to find the most sensible way forward in using AI.
Features
Engelbert’s 90th birthday bash
The legendary Engelbert Humperdinck, who is known for his hit songs such as ‘A Man Without Love’, ‘Release Me’, ‘Spanish Eyes’, ‘The Last Waltz’, ‘Am I That Easy To Forget’, ‘Ten Guitars’ and ‘I Can’t Stop Loving You’, turned 90 on 02 May, 2026, and there were some lovely Hollywood-related celebrations.
Before his birthday, Engelbert’s new single ‘I’ve Got You’ was released – on 23 April – and Engelbert had this to say: “‘I’ve Got You’ is especially close to my heart. It speaks to love, loyalty, and the quiet strength we find in one another”.
The main birthday event was held at The Starlight Cabaret, in Los Angeles, California, and Sri Lankan Raju Rasiah, now based in the States, and his wife Renuka, who are personal friends of Engelbert, were invited to participate in the celebrations, along with Ingrid Melicon – also a Sri Lankan, now domiciled in America.
The invitation said “An evening of music, memories and celebration. Let’s make it a night to remember!” And it certainly turned out to be a night never ever to be forgotten!

Invitees experienced a “magical entrance” with Engelbert’s name lighting up the screen and showing him performing his hit songs.
The invitees were also presented with a unique gift – a necklace with Engelbert’s face, engraved with the words “Remember, I Love You.”
Engelbert’s son, Bradley Dorsey, sang a tribute song ‘Only You’ for his dad, while Eddy Fisher’s daughters, Tricia and Joely, also got on stage to entertaining the distinguish gathering.
Engelbert didn’t perform but got on stage for the cutting of the birthday cake.
There was also a video compilation of birthday wishes from fellow celebrities, and the lineup included Gloria Gaynor, Micky Dolenz, Wayne Newton, Pat Boone, Lulu, Judy Collins, Deana Martin, Angélica María, Rupert Everett, Matt Goss, and more.

Birthday boy Engelbert Humperdinck
At 90, Engelbert is still performing. He’s on THE CELEBRATION TOUR for his 90th year, with over 50 international dates in 2026, including Australia, Germany, the US, and Canada. He’ll be at Massey Hall in, Toronto, on 06 October, 2026. He said: “The stage is my home… Canada has always been a highlight”.
He performed 60+ concerts, worldwide, in 2025, and says karaoke keeps his songs fresh: “Most of my songs are on karaoke because people love to sing them”.
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