This summary report synthesizes recent governance and legal developments in Sri Lanka through a constitutional lens, highlighting reform opportunities toward a new Constitution. Each item reflects areas where the current Constitution provides limited or inconsistent safeguards.
For ease of reference, this week’s media coverage has been summarized under 10 key thematic areas, each accompanied by a brief analysis presented from a constitutional lens.
1. Anti-Terror Law Reform and Fundamental Rights
The government’s initiative to replace the Prevention of Terrorism Act (PTA) with a new Anti-Terrorism Act marks a pivotal constitutional moment. The proposed law promises a narrower definition of terrorism, judicial oversight, and stronger safeguards for liberty and legal assistance. Yet, continued use of the PTA (as in the Pasdeva case involving 90-day detention under a Defence Secretary’s order) reveals the persistence of executive detention powers outside judicial review.
Constitutional Significance
- The current Constitution provides limited enforceable protection against arbitrary detention under Article 15(7) exceptions.
- A new Constitution should codify non-derogable due process guarantees, limit emergency powers, require judicial authorization for detention, and prohibit administrative detention without charge.
Comparative Insight
South Africa’s Constitution (s.35) mandates prompt judicial production within 48 hours; Germany’s Basic Law strictly limits preventive detention. Sri Lanka’s future Constitution could embed similar standards.
2. Subnational Democracy and Provincial Council Elections
The legal vacuum preventing Provincial Council (PC) elections reflects the erosion of subnational democracy. Without timely elections, provincial governance and fiscal accountability remain suspended. Analysts propose a parliamentary route through a new review committee under the Prime Minister to reconstitute the framework.
Constitutional Significance
- The 13th Amendment guarantees provincial autonomy but not periodic election timelines.
- A new Constitution should entrench time-bound subnational elections and judicial remedies for unlawful postponement, protecting local representation as a component of sovereignty.
3. Franchise Expansion: Diaspora Voting
Cabinet approval to explore overseas voting would modernize Sri Lanka’s democratic franchise. The proposal extends participation to the diaspora, requiring new mechanisms for registration, verification, and constituency representation.
Constitutional Relevance
- Current provisions under Article 4(e) limit franchise to citizens “resident in Sri Lanka.”
- Reform could constitutionally expand suffrage to non-resident citizens, aligning with international practices such as India, the Philippines, and South Africa.
4. Anti-Corruption Framework and Institutional Independence
Implementation of the Anti-Corruption Act (2023), including public disclosure of assets and liabilities, marks progress toward transparency. However, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) remains financially dependent on ministerial approvals, undermining its independence.
Constitutional Implication
- Independence of integrity institutions is not constitutionally entrenched.
- A new Constitution should establish financial autonomy, parliamentary budget oversight, and fixed tenure for anti-corruption commissioners (similar to models in Kenya and Indonesia).
5. State Enterprise and Utility Governance
Under Act No. 36 of 2024, the Ceylon Electricity Board (CEB) has been divided into four state-owned companies. The restructuring raises issues of transparency, labor rights, and regulatory independence, especially amid union resistance and tariff adjustments by the Public Utilities Commission.
Constitutional Lens
A rights-based economic governance clause should embed:
- Independent regulatory oversight for essential services.
- Protection of collective labor rights in restructuring.
- Judicial review of tariff and governance decisions.
6. Fiscal Discipline and Executive Expenditure
The Appropriation Bill 2026 and the Bill curtailing retired Presidents’ entitlements highlight the tension between fiscal accountability and executive privilege.
Constitutional Focus
- The present Constitution lacks strong parliamentary expenditure review beyond the Auditor General’s post-audit powers.
- A new Constitution should adopt pre-expenditure parliamentary authorization, annual disclosure of executive benefits, and statutory spending caps (practices seen in New Zealand and the UK).
7. Property Tax and Fiscal Federalism
The planned nationwide property tax by 2027 represents a structural shift in revenue policy. Its success depends on accurate digital valuation and public trust.
Constitutional Dimension
- Requires legal guarantees for due process in assessment, privacy in data use, and independent appeals tribunals.
- The new Constitution could constitutionalize progressive taxation and transparency in fiscal data, echoing models in South Korea and Chile.
8. Police Conduct and Economic Rights
Alleged harassment of licensed spa operators underscores tensions between law enforcement and the right to lawful occupation. Regulation and licensing clarity are essential to prevent arbitrary interference.
Constitutional Viewpoint
- The right to engage in lawful occupation (Article 14(1)(g)) lacks procedural protection.
- A reformed Constitution could embed proportionality and legality principles in administrative policing, ensuring remedies against abuse.
9. Parliamentary Governance and Youth Representation
Efforts to expand youth participation and tighten appointment oversight signal incremental legislative reform.
Constitutional Value
A new framework could formally recognize inclusive representation principles, mandating youth and gender balance in standing committees (mirroring provisions in Rwanda and Sweden).
10. Public Sector Reform and Transparency
Weak payroll data, opaque allowances, and fiscal pressure call for data-driven governance.
Constitutional Proposal
Introduce a Public Administration Integrity Clause requiring:
- Transparent remuneration disclosure,
- Annual workforce audits, and
- Merit-based recruitment (similar to Article 97 of the South African Constitution).