Opinion
The Rule of Law from a Master of the Rolls and Lord Chief Justice of England
These last few months have given us vivid demonstrations of the power of the Rule of Law. A brother of the reigning monarch in Great Britain has been arrested by the local police and questioned. This is reported to be the first time since 1647 (Charles I) that a person so close in kin to the reigning monarch was arrested by the police in England. An ambassador of the United Kingdom who also was a member of the House of Lords has been questioned by the police because of alleged abuse of office. In US, the Supreme Court has turned back orders of a President who imposed new tariffs on imports into that might trading nation. A nation that was made by law (the Constitution) again lived by the rule of law and not by the will of a ruler, so avoiding the danger of dictatorship.
In Sri Lanka, once high and mighty rulers and their kith and kin have been arrested and detained by the police for questioning. A high ranking military official has been similarly detained. Comments by eminent lawyers as well as by some cantankerous politicians have cited the services rendered by these worthies as why they should be treated differently from other people who are subject to the rule of laws duly enacted in that land. In Sri Lanka governments, powerful politicians and bureaucrats have denied the rule of law by delaying filing cases in courts of law, until the physical evidence is destroyed and the accused and witnesses are incapacitated from partaking in the trial. These abuses are widely prevalent in our judicial system.
As the distinguished professor Brian Z. Tamanaha, (On the Rule of Law, 2004.) put it “the rule of law is ‘an exceedingly elusive notion’ giving rise to a ‘rampant divergence of understandings’ and analogous to the notion of Good in the sense that ‘everyone is for it, but have contrasting convictions about what it is’. The clearest statement on the rule of law, that I recently read as a layman, came in Tom Bingham (2010), The Rule of Law (Allen lane). Baron Bingham of Cornhill was Lord Chief Justice of England from 1996 until his retirement. For the benefit of your readers, I reproduce a few excerpts from his short book of 174 pages.
“Dicey (A.V.Dicey, 1885) gave three meanings to the rule of law. ‘We mean, in the first place… that no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land.’…If anyone -you or I- is to be penalized it must not be for breaking some rule dreamt up by an ingenious minister or official in order to convict us. It must be for proven breach of the established law and it must be a breach established before the ordinary courts of the land, not a tribunal of members picked to do the government’s bidding, lacking the independence and impartiality which are expected of judges.
” We mean in the second place, when we speak of ‘the rule of law’ …..that no man is above the law but that every man, whatever his rank or condition, is subject to the ordinary law of the realm and amenable to the ordinary tribunals.’ Thus no one is above the law, and all are subject to the same law administered in the same courts. The first is the point made by Dr Thomas Fuller (1654-1734) in 1733: ‘Be you ever so high, the law is above you.’ So, if you maltreat a penguin in the London Zoo, you do not escape prosecution because you are Archbishop of Canterbury; if you sell honours for a cash reward, it does not help that you are Prime Minister. But the second point is important too. There is no special law or court which deals with archbishops and prime ministers: the same law, administered in the same courts, applies to them as to everyone else.
“The core of the existing principle is, I suggest, that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefits of laws publicly made, taking effect (generally) in the future and publicly administered in the courts. … My formulation owes much to Dicey, but I think it also captures the fundamental truth propounded by the great English philosopher John Locke in 1690 that ‘Wherever law ends, tyranny begins’. The same point was made by Tom Paine in 1776 when he said ‘… in America THE LAW IS KING’. For, as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.’
“None of this requires any of us to swoon in adulation of the law, let alone lawyers. Many people occasion share the view of Mr. Bumble in Oliver Twist that ‘If the law supposes that ….law is a ass -a idiot’. Many more share the ambition of expressed by one of the rebels in Shakespeare’s Henry VI, Part II, ‘The first thing we do, let’s kill all the lawyers. ….’. The hallmarks of a regime which flouts the rule of law are, alas, all too familiar: the midnight knock on the door, the sudden disappearance, the show trial, the subjection of prisoners to genetic experiment, the confession extracted by torture, the gulag and the concentration camp, the gas chamber, the practice of genocide or ethnic cleansing, the waging of aggressive war. The list is endless. Better to put up with some choleric judges and greedy lawyers.”
Tom Bingham draws attention to a declaration on the rule of law made by the International Commission of Jurists at Athens in 1955:
=The state is subject to the law;
=Government should respect the rights of individuals under the Rule of Law and provide effective means for their enforcement;
=Judges should be guided by the Rule of Law and enforce it without fear or favour and resist any encroachment by governments or political parties in their independence as judges;
=Lawyers of the world should preserve the independence of their profession, assert the rights of an individual under the Rule of Law and insist that every accused is accorded a fair trial;
The final rich paragraph of the book reads as follows: ‘The concept of the rule of law is not fixed for all time. Some countries do not subscribe to it fully, and some subscribe only in name, if that. Even those who subscribe to it find it difficult to subscribe to all its principles quite all the time. But in a world divided by differences of nationality, race, colour, religion and wealth it is one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion. It remains an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large.’
by Usvatte-aratchi ✍️
Opinion
Ministerial resignation and new political culture
The resignation of Energy Minister Kumara Jayakody comes after several weeks of controversy over his ministerial role. The controversy sharpened when the minister was indicted by the Commission on Bribery and Corruption for a transaction he was involved in ten years ago as a government official in the Fertiliser Corporation. The other issue was the government’s purchase of substandard coal from a new supplier. Minister Jayakody’s resignation followed the appointment of a Special Presidential Commission of Inquiry to investigate coal and petroleum purchases. The minister who resigned, along with the Secretary to the Ministry of Energy, Udayanga Hemapala, stated that they did not wish to compromise the integrity of the investigation to be undertaken by the Commission of Inquiry.
The government’s initial resistance to holding the minister accountable for the costly purchase was based on the argument that the official procedure had been followed in ordering the coal. However, the fact that the procedure permitted a disadvantageous purchase which has come to light on this occasion suggests a weakness in the process. The government’s appointment of the Special Presidential Commission of Inquiry to examine purchases as far back as 2009 follows from this observation. In this time 450 purchases are reported to have been made, and if several of them were as disadvantageous as this one, the cost to the country can be imagined. The need to investigate transactions since 2009 also arises from the possibility that loopholes in official government procedures in the past would have permitted private enrichment at a high cost to the country.
Concerns have been expressed in the past that the purchase of coal and petroleum, often on an emergency basis, enabled the use of emergency procurement processes which do not require going through the full tender procedures. The government has pledged to eradicate corruption as its priority. As a result, the general population would expect it to do everything within its power to correct those systems that permitted such corruption. Accountability is not only forward looking to ensure non-corrupt practices in the present, it is also backward looking to ensure that corrupt practices of the past are discontinued. This would be a matter of concern to those who headed government ministries and departments in previous governments. Those who have misapplied the systems can be expected to do their utmost to resist any investigation into the past.
Politically Astute
One of the main reasons for the government’s continuing popularity among the general population, as reflected in February 2026 public opinion poll by Verité Research, has been its willingness to address the problem of corruption. Public opinion studies have consistently shown that corruption remains one of the top concerns of citizens in Sri Lanka. The arrests and indictments of members of former governments have been viewed with general satisfaction as paving the way to a less corrupt society. At the same time, the resignations of Minister Kumara Jayakody and Secretary Udayanga Hemapala are an indication that not even government members will be spared if they are found to have crossed red lines. This is an important signal, as public confidence depends not only on holding political opponents to account but also on demonstrating fairness and consistency within one’s own ranks.
There appears to be a strategy on the part of the opposition to target government leaders and allege corruption so that ministers will be forced to step down. Organised protests against other ministers, and demonstrations outside their homes, are on the rise. The government appears not to want to give in to this opposition strategy and therefore delayed the resignation of Minister Jayakody until it had itself established the Special Presidential Commission of Inquiry. It enabled the minister to step down without it seeming that the government was yielding to opposition pressure. In political terms, this was a calibrated response that sought to balance the need for accountability with the need to maintain authority and coherence in governance.
The demand by opposition parties to focus attention on the coal problem could also be seen as an attempt to shift the national debate from the corruption of the past to controversies in the present. The opposition’s endeavour would be to take the heat off themselves in regard to the corruption of the past and turn it onto the government by making it the focus of inquiries into corruption. The decision to set up a Special Presidential Commission of Inquiry accompanied by the resignation of the minister and the ministry secretary was a politically astute way of demonstrating that the government will have no tolerance for corruption. It will also help to remind the general public about the rampant corruption of past governments which prevents the opposition’s corruption accusations against the government from gaining traction amongst the people.
New Practice
The resignation of a government minister who faces allegations but has not been convicted is still a relatively new practice in Sri Lanka. The general practice in Sri Lanka up to the present time has been for those in government service, if found to be at fault, to be transferred rather than removed from office. This is commonly seen in the case of police officers who, if found to have used excessive force or engaged in abuse, are transferred to another station rather than subjected to more serious disciplinary action. A similar pattern was seen in the case of former minister Keheliya Rambukwella, who faced allegations of corruption in the health field but was reassigned to a different portfolio rather than removed from government.
Against this background, the present resignation assumes greater importance. It signals a willingness to break with past practices and to establish a higher standard of conduct in public office. However, a single instance does not in itself create a lasting change. What is required is the consistent application of the same principle across all cases, irrespective of political affiliation or convenience. This is where the government has an opportunity to strengthen its credibility. By ensuring that the same standards of accountability are applied to its own members as to those of previous governments, it can demonstrate that its commitment to good governance is not selective.
The establishment of the Special Presidential Commission of Inquiry, the willingness to accept ministerial resignation, and the recognition of systemic weaknesses in procurement are all steps in the right direction. The challenge now is to ensure that these steps are followed through with determination and consistency. If the investigations are conducted impartially and lead to meaningful reforms, the present controversy could mark a turning point. The resignation of the minister should not be seen as an isolated event but as the beginning of a new practice. If it becomes part of a broader pattern of accountability, it can contribute to a new political culture and to restoring public trust in government.
by Jehan Perera
Opinion
Shutting roof top solar panels – a crime
The Island newspaper’s lead news item on the 12th of April 2026 was on the CEB request to shut down rooftop solar power during the low demand periods. Their argument is that rooftop solar panels produce about 300 MW power during the day and there is no procedure to balance the grid with such a load.
We as well as a large academic and industrial consortium members have been trying to promote solar energy as a viable and sustainable power source since the early 1990’s. We formed the Solar Energy Society and made representations to Government politicians about the need to have solar power generation. This continuous promotional work contributed to the rapid increase in PV solar companies from three in the early 1990’s to over 650 active PV solar companies established today in the country. These companies have created tens of thousands of high-quality jobs, as well as moving in the right direction for sustainable development.
However, all these efforts appear to have been in vain since the CEB policy makers have continuously rejected solar energy as a viable alternative. Their power generation plans at that time did not include solar energy at all but only relied on imported coal power plants and diesel power generation. Even at the meetings where CEB senior staff were present, we emphasised the importance of installation of battery storage facilities and grid balancing for which they have done nothing at all over the past three decades. Now they have grudgingly accepted the need to include solar energy, which was an election promise of the present government. The government policy is that Sri Lanka should go for renewables to satisfy 70% of its energy needs by 2030 and soon move towards the green hydrogen technology by using solar and wind energy.
The question is why the diesel generators and hydropower stations cannot be shut off one by one to accommodate the solar power generated during the daytime. Unlike a coal-fired plant, diesel generators and hydro power plants can be shut off in a relatively shorter period of time. Norochchalai Lakvijaya power plant produces around 900 MW of power while the total country requirement is 2500 MW on a daily basis. The remainder is provided by diesel generators, hydro and other renewable energy sources.
The need for work to achieve this goal of grid balancing should be the primary responsibility of the CEB. Modern grid balancing systems are in operation in countries such as Germany where around 56% of its energy come from renewable sources. They also plan to increase this to reach 80% of the energy required through renewables by 2030. Our CEB is hell bent on diesel power plants. Who benefits from such emergency power purchases is anybody’s guess?
The Government and the CEB should realise that all roof top solar plants are privately financed through personal funds or bank loans with no financial burden on the Government. It is a crime to request them not to operate these solar panels and get the necessary credits for the power transmitted to the national grid. It appears that the results of CEB’s lack of grid balancing experience and unwillingness to learn over three decades have now passed to the privately-funded rooftop solar panel owners. It is unfortunate that the Government is not considering the contributions of ordinary individuals who provide clean power to the national grid at no cost to the Government. Over 150,000 rooftop solar panels owners are severely affected by these ruthless decisions by the CEB, and this will lead to the un-popularity of this new government in the end.
by Professors Oliver Ileperuma and I M Dharmadasa
Opinion
Nilanthi Jayasinghe – An Appreciation
It was with shock that I realized that the article in the Sunday Island of April 5 about the winsome graduate gazing serenely at her surroundings was, in fact, an obituary about Nilanthi Jayasinghe, a former colleague who I had held in high esteem. I had lost touch with Nilanthi since my retirement and this news that she had passed away, saddened me deeply
I knew and had worked with Nilanthi – Mrs Jayasinghe as we used to call her – at the Open University of Sri Lanka in the 1990s. As Director, Operations, she was a figure that we as heads of academic departments, relied on; a central bastion of the complex structure that underpinned academic activities at Sri Lanka’s major distance education provider. Few people realize what it takes to provide distance education in an environment not geared to this form of teaching/learning – the volume of Information that has to be created, printed and delivered; the variety of timetables that have to be scheduled; the massive amount of continuous assessment assignments and tests that have to be prepared and sent out; the organization of a multitude of face-to face teaching sessions; the complex scheduling of examinations and tests – all this needed to be attended to for a student population of more than 20,000 and for 23 centres of study dotted across Sri Lanka.
It was an unenviable task but Nilanthi Jayasinghe with her flair for organization, handled it all with aplomb and a deep sense of commitment. If there were delays and inconclusive action on our part, she never reprimanded but would work with us to sort things out. Her work as Director, Operations brought her into contact with staff across the spectrum-from the Vice-Chancellor to the apprentice in the Open University’s Printing Press. Nilanthi treated everyone with dignity and as a result, was respected by all at the university. She was sensitive, kind-hearted, a good friend who would readily share problems and help to solve them. The year NIlanthi retired, I was out of the island. When I came back to the Open University, I felt bereft without the steadfast support of her stalwart presence .
The article in the ‘Sunday Island’ describes her life after retirement, looking after family members and enjoying the presence of a granddaughter.
After a lifetime of commitment to others, Nilanthi Jayasinghe truly deserved this happiness.
May she be blessed with peace.
Ryhana Raheem
Professor Emeritus
Open University of Sri Lanka.
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