Reforming our constitution: Getting the basics right first

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.

- BY JAYAMPATHY WICKRAMARATNE (PRESIDENT'S COUNSEL AND ACADEM-IC), RANJAN DE SILVA (BRIGADIER AND LAWYER), ANURA DE SILVA (CITIZEN ACTIVIST), AND CHULA GOONASEKERA (MEDICAL REFORMIST AND ACADEMIC) ON BEHALF OF THE LEADS FORUM ([e-mail])

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