By Matara Gunapala –

A national constitution is more than just a legal document – it is the backbone of a country’s identity, governance, and democratic values. It outlines the principles that guide the state, defines the structure of government, and safeguards the rights of its citizens. In democratic nations, the Constitution ensures that all institutions derive their authority from the people and remain accountable through free and transparent elections and governance. Notably, it can also facilitate the devolution of power, enabling local governments to serve their communities better and uphold the rule of law (1). As Sri Lanka stands at a critical crossroads, revisiting and revising its Constitution is essential to building a more disciplined, fair, and prosperous nation.

The Role of Constitutional Reform in Strengthening Democracy

According to the International Institute for Democracy and Electoral Assistance, a strong democratic constitution must meet several key standards. It should apply to all branches of government, define political structures and citizen rights, enjoy broad public legitimacy, be difficult to amend without a wide consensus, and uphold international standards of representation and human rights [1].

Yet despite these benchmarks, constitutions differ around the world due to varying political and cultural histories. A global ranking of democratic nations [2] places countries like Norway, Sweden, and Finland at the top, while Australia ranks 13th, the UK 17th, Canada 24th, and the US 36th. Sri Lanka, however, lags far behind at 93rd – a reflection of longstanding issues such as corruption, crime, judicial inefficiency, and poor governance.

A constitution is more than a legal framework — it reflects a nation’s identity, values, and priorities. For a democracy to thrive, it must guarantee fairness in access to services and actively challenge discriminatory laws and practices. It should promote equity, protect fundamental rights, and ensure that all citizens, regardless of background, are treated equally under the law.

Democracy, as Abraham Lincoln famously said, is “government of the people, by the people, for the people.” In practice, this means that elected representatives must govern with the trust of the people, protect the rights of minorities, and remain accountable to the public. As the United Nations outlines, true democracy also requires free and fair elections, judicial independence, separation of powers, a free press, and transparent governance [3].

In this context, constitutional reform is not just a legal exercise — it’s a moral and civic imperative. It’s about building a foundation that ensures no individual or political group is above scrutiny. Politicians must be held accountable, both in Parliament and in court, to prevent abuse of power and uphold the principles of democracy.

Why Sri Lanka’s Constitution Needs Urgent Reform

The urgent need for a new constitution that protects democratic rights, ensures an independent judiciary, strengthens economic development, and eliminates corruption has been evident since the introduction of the executive presidency. Over the decades, successive governments have pledged reform but failed to deliver. Since Sri Lanka became a republic in 1972, constitutional changes have often been used not to empower the people, but to entrench political elites [4], enabling the continuity of political power within a few families.

The abolition of the Senate since 1972 weakened accountability, while the 1978 Constitution expanded presidential powers dramatically, allowing political leaders to consolidate control and reward allies with impunity. Although the Constitutional Council was established in 2000 to promote independent governance, it has failed to depoliticise public institutions.

In total, the Constitution has been amended 22 times, most recently in October 2022. Yet none of these revisions have meaningfully improved governance or curbed corruption. Public services remain plagued by political interference, and widespread crime and mismanagement led the nation to declare bankruptcy in April 2022. Consequently, trust in the political system has eroded severely.

The victory of the NPP government in November 2024 reflects the public’s cry for change, including a promise to build a thriving, democratic nation through good governance, national unity, and comprehensive constitutional reform [5]. Despite campaign promises of good governance, the current government faces daunting challenges, including widespread corruption and inefficiencies in the public sector. These issues have flourished for decades under the existing constitutional framework, particularly since the adoption of the executive presidential system in 1978. Therefore, numerous reform proposals have been put forward (6-10), some of which are detailed, while others are more conceptual.

During the last election, the ruling NPP made constitutional reform a central pillar of its platform, pledging to uphold democracy, restore the rule of law, and ensure economic and social justice for all Sri Lankans. Yet, nearly a year later, the urgency behind these reforms appears to be fading. While the government continues to speak about fighting corruption and recovering stolen assets, action on other issues seems to be slow, leaving many voters disillusioned. The present NPP government’s delay in constitutional revision can be an opportunity lost for meaningful change. The NPP risks squandering its current mandate and failing to secure the majority’s expectations. For reform to be more than rhetoric, bold and immediate steps are essential to lay the strong foundation necessary for prosperity.

The Key Areas a New Constitution Must Reform to Ensure Discipline?

For Sri Lanka to move forward, the new Constitution must directly address the root causes of crime, corruption, and mismanagement, while strengthening democratic governance, transparency, and accountability. Here are some key areas requiring urgent reform:

* Judicial Independence and Accountability

A genuinely independent judiciary is the backbone of law and order. While it must remain free from political interference, the judiciary must also maintain high standards of efficiency and ethics. The recent case of a prisoner’s controversial release under the guise of a Presidential Pardon also reveals a serious loophole that must be closed in a revised constitution.

* Restoring Parliamentary Decorum and Political Integrity

Parliamentary conduct has deteriorated into disgraceful confrontations, such as the violent clashes that occurred in November 2018. Despite some improvement, verbal abuse and inflammatory rhetoric continue to persist, often shielded by parliamentary immunity. The Constitution must enable legal consequences for inciting violence, racial hatred, or corruption, and treat such statements as supportive records for crimes against the state. Lawmakers proven guilty should face the loss of privileges, confiscation of illicit assets, and the highest penalties under the law, and be ineligible for such individuals to serve as people’s representatives in national, provincial, or local bodies.

* Economic and Governance Discipline

Sri Lanka cannot afford wasteful governance. Failures in public administration, such as the irregular release of 323 containers, unauthorised presidential pardons, and the misuse of state funds for luxurious perks, continue to harm national progress. A reformed constitution must mandate strict financial oversight, establish a second legislative chamber for checks and balances, and empower independent, politically neutral watchdog bodies to monitor the efficiency of governance.

* Accountable Public Service

Public officials should be held accountable for inefficiency or corruption. The Constitution must establish clear standards for ethical conduct in public service and provide citizens with recourse in the event of an initial breach of these standards, as appropriate. Misconduct should not just be punished but compensated by those responsible, especially when it harms national prosperity.

* Efficient, Cost-Saving Electoral Reforms

Combining elections where possible — such as holding presidential and parliamentary elections on the same day — could save significant public funds and minimise political disruption. This simple yet impactful reform can be enshrined in the Constitution.

* Raising the Bar for Political Candidates

To curb crime and corruption in politics, all candidates should meet minimum standards of education, experience, and integrity rather than being a member of an influential politician’s family. Those found guilty of misconduct must be disqualified from office, with appropriate legal action taken against them. Conducting all elections by secret ballot is essential to maintain fairness and order—a pressing need, as evidenced by recent local government elections.

* Revisiting the Structure and Size of Government

The abolition of the Senate weakened legislative oversight. A revised constitution should consider reintroducing a second chamber to scrutinise bills and prevent power concentration. Additionally, the current size of Parliament and the extravagant privileges of its members are no longer sustainable and should be rationalised where necessary.

* Ensuring Government Transparency

Transparency in dealings with foreign governments, public spending, and national policy decisions is vital. The Constitution must guarantee public access to information, helping to eliminate inefficiency and wastage and restore trust in democratic institutions.

Conclusion

The call for constitutional reform is not just a political promise – it is a necessity for the prosperity of the nation. As highlighted in the NPP government’s election manifesto, restoring the Constitution’s supremacy over Parliament is essential to rebuilding public trust and ensuring good governance. The people have given this government a historic mandate, with overwhelming support across all communities. Now, the responsibility lies with the leadership to lay the required foundation.

The revised Constitution must enshrine discipline across all institutions, especially among those in Parliament and public office. While technical and political challenges may exist, they must not use such excuses to delay action. Sri Lankans are watching closely, hoping for a future where their rights are protected, their voices respected, and their leaders held accountable. The current term of the NPP government might be a once-in-a-generation opportunity to secure Sri Lanka’s future – a future free from the grip of corruption, misrule, and impunity – and to revive democracy and good governance, thereby promoting the nation’s prosperity and alleviating poverty.

References

[1] The International Institute for Democracy and Electoral Assistance. What is a constitution? Principles and concepts. Retrieved 13 Apr. 2025 from chrome extension://efaidnbmnnnibpcajpcglclefindmkaj/https://constitutionnet.org/sites/default/ files/what_is_a_constitution_0.pdf

[2] Ranking of countries by quality of democracy. Retrieved 16 Apr. 2025 from https://www.democracymatrix.com/ranking

[3] United Nations. Democracy. Retrieved 28 Mar. 2025 from https://www.un.org/en/global-issues/democracy

[4] Constitutional struggle in Sri Lanka. Retrieved 30 May 2025 from https://www.cambridge.org/core/journals/federal-law-review/article/abs/ constitutional-struggle-in-sri-lanka/F405466AC2FDD71E521C8E0798645468

[5] NPP Presidential Election Manifesto – 2024. Retrieved 2 Jan. 2024 from https://www.scribd.com/document/766722056/NPP-Presidential-Election-Manifesto-2024

[6] Shanmugsthas, P. (2025). Sri Lanka seeks to implement a new constitution: this is what it must contain. Retrieved 4 June 2025 from https://www.jurist.org/features/ 2025/04/27/sri-lanka-seeks-to-implement-a-new-constitution-this-is-what-it-must-contain/

[7] Philips, R. (2024). Election year road map for constitutional reforms. Colombo Telegraph, 28 January 2024. Retrieved from https://www.colombotelegraph.com/ index.php/election-year-road-map-for-constitutional-reforms/

[8] Constitutional Reform for a Stable Sri Lanka. Groundview, 14 Mar. 2025. Retrieved from https://groundviews.org/2025/03/14/constitutional-reform-for-a-stable-sri-lanka/

[9] Political crisis: a way out. Former President Chandrika Bandaranaike Kumaratunga has sent the following proposal to leaders of political parties and civil society organisations. Published on 14 May 2022. Retrieved from https://island.lk/political-crisis-a-way-out/

[10] Kodituwakku, N. (2020). The proposed Constitution of the Republic of Sri Lanka. Published by the author, 2020. Retrieved from https://www.yumpu.com/en/document/ view/63111163/proposed-constitution-of-the-republic-of-sri-lanka-ebook