18 June, 2026

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Reforming Our Constitution: Getting The Basics Right First 

By Jayampathy Wickramaratne (President’s Counsel and academic), Ranjan de Silva (Brigadier and lawyer), Anura de Silva (Citizen Activist), and Chula Goonasekera (Medical reformist and academic) on behalf of the LEADS Forum 

A Nation at a Crossroads

The economic and social crises of 2022 marked a turning point in Sri Lanka’s modern history. They forced the nation to confront an uncomfortable truth: our constitutional framework—designed to centralise political power—has long contributed to national decline.

Out of that turmoil emerged a renewed call for genuine constitutional reform—a demand for a fair, people-centred system built on peace, prosperity, and zero tolerance for corruption. The current government was elected on this mandate and pledged to complete this long-overdue task. It is now the duty of every citizen to ensure that the promise is fulfilled. Drafting, debating, and passing a new constitution—culminating in a national referendum—may take more than two years. By then, political rivalries could once again derail progress.

Learning from History

Since its independence in 1948, Sri Lanka has adopted three constitutions. The first, drafted by Sir Ivor Jennings, followed the Westminster model. The 1972 Constitution declared Sri Lanka a republic, while the 1978 Constitution introduced the executive presidency—later amended 22 times—concentrating power in the hands of a few and weakening constitutional governance.

Global experience shows that countries adopting executive presidencies without adequate checks and balances often drift toward authoritarianism and economic stagnation. In contrast, Commonwealth nations that retained parliamentary democracy—such as the United Kingdom, Canada, Australia, New Zealand, India, Malaysia, and Singapore—have generally prospered.

Meanwhile, nations that embraced presidential systems, blurring the separation of powers—such as Sri Lanka, Zimbabwe, Pakistan, and Nigeria—have faced recurring instability. The Nordic countries, consistently ranking among the world’s strongest democracies, further demonstrate that democratic governance and development go hand in hand.

A Chance for Renewal

The ‘Aragalaya’ of 2022 was a people’s movement demanding accountability and reform. It offered an extraordinary opportunity to rebuild public trust through a constitution that genuinely reflects the will of the people.

Parliament must act now to safeguard this process—possibly through a two-thirds majority—to ensure reform remains free from political manipulation and that current representatives can complete their terms without disruption. Delaying tactics disguised as “further deliberation” must be resisted. Issues such as delimitation should not hinder progress; a nationwide referendum will ultimately decide the final constitution. After decades of politics defined by ethnicity, religion, and region, the public has had enough of division. Reform delayed is reform denied.

Principles for a People’s Constitution

A strong constitution protects citizens’ rights, guarantees equality before the law, and ensures efficient, transparent, and accountable governance. Sri Lanka’s next constitution must:

* Guarantee equality before the law for all citizens—regardless of ethnicity, religion, or background—without granting undue privileges to any group.

* Recognise diversity within a framework of shared citizenship, promoting inclusion and unity.

* Clearly define the powers and responsibilities of national and provincial administrations within a unitary framework.

* Uphold constitutional conventions and public ethics that reinforce accountability and the national interest.

The constitution must be published in Sinhala, Tamil, and English, with the English version serving as the authoritative text for legal interpretation. This will reduce ambiguity and build confidence among all communities, particularly minorities who rely on English for civic and legal engagement.

Practical Governance for a Small Nation

With a population of just 22 million, Sri Lanka does not need a sprawling political system modelled on global superpowers. What the country needs is an affordable, efficient, and accountable structure that reflects the people’s will and reinforces our identity as a Democratic Socialist Republic.

Our existing three-pillar system aligns with liberal democratic principles, but the 1978 reforms and subsequent amendments distorted that balance. It is time to restore effective governance through a unitary model—one national government with clearly defined, limited powers delegated to autonomous provincial administrations. This model can empower regions to develop their unique strengths in culture, resources, and values, within a single national framework of security and stability.

In an increasingly interconnected world, unity combined with local autonomy is not just a moral imperative—it is an economic and strategic necessity.

Building Accountability into the Future

Every constitution must evolve. We therefore propose the establishment of a permanent, independent Constitutional Commission composed of designated representatives from multiple disciplines, professional bodies, social sectors, and regional nominees. This body would periodically evaluate the constitution’s performance, identify weaknesses, and recommend reforms to ensure its continued relevance and effectiveness.

Such a mechanism would ensure that the constitution remains relevant in a rapidly changing geopolitical environment—protecting Sri Lanka’s sovereignty, avoiding dependency, and preventing the nation from becoming a pawn in global power politics or trapped once again in unsustainable debt.

Sri Lanka has the wisdom and capacity to craft a constitution that reflects its people’s aspirations, strengthens democratic governance, and safeguards cultural values. Now is the moment to act—calmly, rationally, and united in purpose—before political inertia squanders this rare opportunity.

The Way Forward

The success of this endeavour depends on building strong institutions—an independent judiciary, a robust legislature, a free press, an efficient bureaucracy, and adequate checks and balances. Our focus must be on empowering systems, not individuals.

Latest comments

  • 11
    1

    It is not new constitutions that we need. The old ones were perfectly good when followed in the spirit in which they were intended. For example, the Privy council may have limited our sovereignty, but it did provide an unbiased forum for appeals, unlike what happened in the Helping Hambantota case, where an utterly venal “Chief Justice ” perverted the Law, and later had the gall to proclaim it in public.
    We aren’t all lawyers, but what can be done when lawyers collude among themselves? Can we argue with them? About as possible as arguing with a high-and-mighty Specialist about using generic drugs instead of the fancy branded ones he prescribed.

    • 2
      1

      old codger,
      No Constitution safeguards fairness. Fairness and equity is in the mind.
      .
      Story Time:
      I was talking to a policeman.
      He said that both the offender and the accuser offer him bribes. To be fair, he takes the side of the one who had bribed him more!

      • 2
        1

        Nathan,
        I believe that everything given to someone is not referred to as “bribes”. I left a few hundred LKR each time I used their cab services in Sri Lanka. Also, there are some youth who run kiosks or sell THAMBILI on the side of the road, among other things. I always gave them a few bucks voluntarily. However, I believe that if additional pay is required to get something done, it should be referred to as “bribes”. Toilet cleaners in Middle Eastern countries also expect you to pay some coins, which are not necessarily bribes. The majority are our young people from South Asia (Dubai and Doha).

        • 1
          0

          leelagemalli,
          Seriously, I do not know why you attached your comment to mine!

      • 3
        0

        Nathan

        “To be fair, he takes the side of the one who had bribed him more!”

        I am interested in that kind of job. Whom should I approach and what would be my initial investment?

    • 3
      1

      oc
      The Privy Council was not above politics.
      It dodged responsibility in a case relating to discrimination under the Official Language Act.
      I am not sure if its helping people convicted of conspiracy get off the hook was entirely apolitical.
      It had done worse in the Caribbean where they shut it out in the early 1970s.

      • 6
        0

        SJ,
        I would connect the coup case with limited sovereignty. Colonial dominance comes first. But full sovereignty has handed us a curate’s egg . We have some lawyers who are disciplined, but also some who think they are above the law, and yet others who collude with each other to make more money. Then there are the politicians, who interpret the law to their own advantage, or ignore it outright, since many of them are also lawyers.

        • 3
          0

          old codger

          SJ opposes Privy Council not on its merit but it was abolished by his old flame.
          Hope you put some sense into his deep emotional connection and attraction to the weeping widow.

    • 0
      0

      “For example, the Privy council may have limited our sovereignty, but it did provide an unbiased forum for appeals,…”
      ????????
      The Privy council verdict of Coup Case 1962 Liyanage vs Crown, under section 29 of then constitution compared with Waltr Thalgodapitiya Bribary commission follow up case MS Cariappar vs Crown.
      How unbiased ??

      • 8
        0

        Sisira,
        “How unbiased ??”
        No, it wasn’t perfect. But was it worse than Sarath Silva or Mohan Pieris? Was anyone able to throw stones at it as in the case of CJ Samarakoon?

        • 0
          0

          OG
          My whole claim is Privy council is not Caesar’s Wife.
          Not a comparison between Pot and Kettle.

    • 3
      0

      This is a Nation of Sarath N. Silvas, Mohan Pierises, Rajapakses, Wickremesinghes, Sirisenas etc., etc. It is not what you got littleman. It is what you do with it. A Brain Transplant is what is required.

      • 2
        4

        Mr HP,
        Any country could function properly if its legislators introduced and implemented a set of laws when they were due. In democracies, legislators are appointed by the people. However, after 12 months of no such disasters, the AKD leadership has accomplished almost nothing other than exacting revenge on their rivals, who are politicians from other parties. Crime rates have increased. Poverty levels have risen rapidly. Malnutrition among children has increased. Not even significant progress was made in terms of forex reserves, which stood at $6 billion USD when the AKD leadership took over the country. Today’s rulers are confronted with massive blatant lies and allegations leveled against others.

  • 8
    2

    I welcome this article as I too was stressing on the importance of bringing in the NEW constitution as soon possible after speedy trials
    1) for those who brought the economy down
    2) for those accumulated WEALTH inappropriately–corruption/bribery/ drugs dealings
    3) for the people behind mysterious disappearances/ murder rapes torture
    4) for those people guilty of fanning ethnic religious hatreds
    etc
    The zero tolerance for corruption should also include the no 4

  • 9
    0

    “Constitution”


    In the 70’s ……… Nigeria copied/adopted the American constitution word for word.

    An America out of Nigeria, it didn’t make.

    Wonder why?


    Might as well ….. after ol’ Donald, encouraged and nudged on, by Ramona ……. what a lucky escape!

    Nigeria better thank it’s luck stars!

    Yellow, Brown, Black, White or Striped …….. Ah, humans!!!

    • 8
      0

      Nimal,
      “An America out of Nigeria, it didn’t make.”
      Exactly what I meant. 🤣🤣

    • 1
      0

      nimal fernando

      “An America out of Nigeria, it didn’t make.
      Wonder why? !”

      Can we say the same thing about Iran?
      An America out of Iran,which it didn’t make
      Iran better thank its lucky star, Ruhollah Musavi Khomeini

    • 1
      0

      Hello Nimal,
      I was there in the late 70s. Corruption in the Police Force was from top to bottom. Human life was very cheap. Shell Oil got away with huge Environment Crimes. Most of the Oil Service Companies were American (US). I was on many Rigs where the Drilling Companies were also from the US. Racial Discrimination was rife in these Companies. Health & Safety was way down the priority list. I saw open Mud Tanks where Nigerian Workers had fallen in and died. Drilling Mud is very hot returning from Downhole.
      However for some reason that I could never figure out, their Telephone System was better than the UK.
      Donald Trump is now threatening to bomb them. I wonder if he knows how far away from the US it is?
      Best regards

  • 6
    0

    “ The success of this endeavour depends on building strong institutions”
    Need to add disciplined CLERGY &
    Government Security Forces of all kinds.
    OC correctly pointed out how a Chief Justice knowingly gave a wrong judgment nearly 20 years ago resulting
    in huge scale corruption looting murders drug culture & economic downturn

  • 1
    11

    I believe the time has come to convince all citizens that they are responsible for any mess that is created in the country. I expected this to be clear with the rise of a leftist-led government, but their actions are clearly identical to those of the previous government. They either ignore or let it go.

    If a road accident occurs, bus drivers who drive at 80 or 90 km/h in confined areas should face harsher penalties. Hospitals and surrounding areas are prohibited from being driven by any motorcyclists or other vehicles emitting noises louder than “chun pan horns,” but I was forced to see that such acts have long been ignored by the locals. Not long ago, the country had some sort of proper systems in place to combat the increasing amount of plastic garbage in their surroundings. Bira Lake was cleaned with force, and any beautifications made within the confined town areas were obvious. However, what I was forced to observe this time, TODAY, with the NPP government as rulers, is increased garbage collection wherever I went. Kiribathgoda, Kadawatha, Wellwaththa, Galle, Kaluthara, and many other places where my type of stay was permitted were littered with garbage along the roadside or on seashore corners. Is that the system change?

  • 5
    0

    Anyone heard t of COPREMESIS’
    .A constitution turned into CONSTIPATION, so much so the S— starts regurgitating through mouth.
    ( as in Sarath — Mohan ——– Deshabandu
    Awful lot of filth and stench , isn’t it.
    A serious symptom where severe obstruction forces fecal matter to be pushed backward

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