This week’s media coverage has been organized under ten key thematic areas, each reflecting critical developments of constitutional relevance. The brief analysis presented under each topic interprets these occurrences through the lens of constitutional law, identifying tensions, reform needs, and institutional implications.
By linking current events with comparative constitutional practices from other jurisdictions, the report seeks to illustrate pathways for strengthening the independence, accountability, and rights-based framework of governance within the context of ongoing constitutional reform in Sri Lanka.
1. Centralization of Police Powers
Media reports on a proposed gazette shifting transfer powers of Police OICs and senior ranks from the National Police Commission (NPC) to the IGP triggered sharp debate in Parliament. The Opposition termed it a regression from depoliticisation achieved through the 17th, 19th and 21st Amendments, while the Government described it as an administrative delegation subject to appeal.
Constitutional Significance
This exposes fragility in the independence of commissions. Delegating or bypassing powers relating to transfers, promotions, and discipline undermines the autonomy envisaged under the Constitution. A reformed framework must clearly demarcate non-delegable functions and prescribe parliamentary oversight for any variation.
Comparative Example
India’s Constitution (Art. 320 & 321) empowers Public Service Commissions with non-delegable duties, ensuring transfer and promotion powers cannot be diluted through executive instruments.
2. Devolution Paralysis and Provincial Council Elections
Provincial Council elections remain stalled due to lapses in delimitation and absence of a valid electoral framework. Analysts note that Parliament could revive legality through a short statutory fix and a new review committee.
Constitutional Significance
The paralysis reveals a design gap—no self-executing timelines to ensure periodic sub-national elections. A new Constitution should embed enforceable deadlines, automatic fallback mechanisms, and judicial remedies to compel timely polls.
Comparative Example
South Africa’s Constitution (s. 159) guarantees five-year local-government terms, requiring elections within 90 days of expiry—preventing the indefinite postponements seen in Sri Lanka.
3. Rule of Law and Statutory Compliance in Economic Governance
Concerns arose over alleged violations in power-sector appointments under the Electricity (Amendment) Act 2025, Customs’ misuse of attendance systems, and stalled investment projects such as the Sinopec Hambantota refinery.
Constitutional Significance
These instances show erosion of legality and accountability within public administration. A modern Constitution should entrench principles of open contracting, conflict-of-interest regulation, and parliamentary scrutiny of major concessions.
Comparative Example
Kenya’s 2010 Constitution (Arts. 227–232) enshrines fair, equitable, transparent procurement and mandates public-service ethics and compliance audits.
4. Accountability and Anti-Corruption Institutions under Pressure
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) leadership faced public misinformation and political criticism, prompting official statements defending institutional integrity.
Constitutional Significance
Independent commissions must be insulated from political attack through constitutional protection of tenure, removal processes, and contempt sanctions for interference.
Comparative Example
Ghana’s Constitution (Art. 146–191) secures anti-corruption and audit bodies with entrenched appointment and budget independence.
5. Human-Rights-Aligned Statutory Updates
Recent Penal Code amendments prohibit cruel or humiliating punishment of minors; the Doping in Sport Act and Animal Disease regulations demonstrate legislative responsiveness to international standards.
Constitutional Significance
These illustrate the state’s capacity to align domestic law with rights obligations. A future Constitution should require rights-compatible delegated legislation, proportionality tests, and explicit child-protection clauses.
Comparative Example
The Philippines’ Constitution (Art. XV §3) recognises the child’s right to protection from all forms of neglect, abuse, and cruelty.
6. Fiscal Restraint and Office-Holder Privileges
A bill seeks to curtail post-office benefits of former Presidents as part of fiscal consolidation efforts.
Constitutional Significance
The episode revives the principle of equality before fiscal law and the need for statutory ceilings, transparency, and periodic review of executive entitlements.
Comparative Example
Canada’s Parliament of Canada Act limits post-office benefits and mandates annual public disclosure, setting an example for transparent stewardship of state funds.
7. Transitional Justice and the Right to Truth
UNHRC’s latest resolution extended OHCHR’s evidence-gathering on Sri Lanka; the UN Committee on Enforced Disappearances highlighted serious shortcomings of the Office on Missing Persons.
Constitutional Significance
A credible domestic process requires constitutional recognition of the right to truth, the duty to investigate grave violations, and judicially supervised exhumations.
Comparative Example
Argentina’s Constitution and transitional-justice jurisprudence provide a model for embedding non-derogable duties to investigate disappearances.
8. Equality and Non-Discrimination
Controversy followed a Tourism Board letter endorsing inclusivity for LGBTIQ travelers, drawing opposition from religious groups.
Constitutional Significance
This demonstrates the unresolved constitutional scope of equality and non-discrimination. A new charter could clarify protected grounds—including sexual orientation and gender identity—and guarantee equality in access to public services.
Comparative Example
Nepal’s 2015 Constitution (Art. 18) explicitly prohibits discrimination based on sexual orientation and gender identity.
9. Education and Child-Protection Reforms
Following new child-protection laws, the Education Ministry is drafting guidelines to prevent abuse while ensuring teacher due-process safeguards.
Constitutional Significance
Recognizing education as a right imposes measurable state duties for safe, equitable schooling. Constitutionalizing this right enables judicial enforcement of standards.
Comparative Example
Finland’s Constitution (Art. 16) guarantees education and equal opportunity as enforceable social rights.
10. Economic Regulation, IMF Engagement, and Public Accountability
Sri Lanka reached a staff-level agreement on the IMF’s 5th review, tied to audited SOE reports and restructuring of major utilities.
Constitutional Significance
Sustainable reform requires a constitutional foundation for independent regulators, fiscal transparency, and public participation in economic decision-making.
Comparative Example
The European Union’s Charter of Fundamental Rights links good administration (Art. 41) and access to documents (Art. 42) to economic governance transparency.