By Veeragathy Thanabalasingham

Colombo, August 3 – The National People’s Power (NPP), after winning Sri Lanka’s national elections last year with a promise to introduce a new constitution, initially announced it would delay the process for three years. This decision drew criticism from constitutional experts and political analysts, who highlighted the risks of postponing such a critical reform.

Historically, Sri Lankan governments have introduced new constitutions early in their terms. The United Front government, led by Prime Minister Sirimavo Bandaranaike, enacted the first republican constitution in May 1972, two years after taking office in 1970, despite delays caused by the 1971 Janatha Vimukthi Peramuna (JVP) insurrection.

Similarly, the United National Party (UNP) government under J.R. Jayewardene passed the second republican constitution in 1978, just 15 months after assuming power in 1977. These precedents raised doubts about the political wisdom of the NPP’s initial delay.

However, on July 25, Prime Minister Harini Amarasuriya announced in parliament that initial steps for a new constitution had begun, responding to a question from Samagi Jana Balawegaya (SJB) MP Ajith Perera. She confirmed the government’s intent to introduce a new constitution before its term ends.

Earlier, in April, Amarasuriya had outlined the government’s priorities, stating that economic stabilization and holding long-delayed provincial council elections would precede the drafting process. She noted that no budget allocation was made this year for the constitution but emphasized continuing the public consultation process initiated by the 2015–2019 government under President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe.

Minister Bimal Ratnayake recently announced that provincial council elections would occur early next year, despite the NPP’s declining support in recent local elections. If these elections proceed as planned, the constitution-drafting process could accelerate from early 2026. The government intends to build on the 2017 interim report submitted by then-Prime Minister Wickremesinghe, though its exact approach remains unclear until the process begins.

Sri Lanka faces a critical juncture after decades of political instability, economic crises, and ethnic tensions. If President Anura Kumara Dissanayake and the NPP are committed to their promise of systemic change and a new political culture, the new constitution must prioritize two key objectives: abolishing the executive presidential system and implementing a meaningful devolutionary framework to address the ethnic question. These measures are essential to steer the country away from its troubled past and foster inclusive governance.

Abolishing the Executive Presidency

The executive presidency is widely regarded as a flawed institution that has concentrated excessive power, exacerbating ethnic conflicts, economic mismanagement, and human rights abuses. Every major political party, including the Sri Lanka Freedom Party (SLFP), UNP, JVP, and now NPP, has at some point campaigned for its abolition. However, once in power, these parties have often postponed or abandoned reform efforts. During the 2024 presidential campaign, NPP leaders, including Dissanayake, declared he would be Sri Lanka’s last executive president. Prime Minister Amarasuriya reiterated this commitment in parliament, emphasizing the need for a new constitution to eliminate the presidency before the government’s term ends.

The executive presidency’s unchecked powers have contributed to Sri Lanka’s major crises. Past governments with the two-thirds parliamentary majority needed for constitutional reform lacked the political will, while those committed to abolition lacked the necessary votes. The NPP, with its current mandate, has a rare opportunity to break this cycle. Failure to act risks undermining its credibility and relegating it to the list of parties that promised reform but failed to deliver.

Addressing the Ethnic Question

The national ethnic problem, particularly the Tamil demand for equitable governance, has been a root cause of unrest for decades. A new constitution must include a robust devolutionary framework to ensure power-sharing and address minority aspirations. The 13th Amendment, enacted after the 1987 Indo-Sri Lanka Peace Accord, remains the only legal provision for devolution, granting limited powers to provincial councils. However, successive governments have undermined these powers over the past 38 years.

The NPP, led by the JVP, faces skepticism due to the JVP’s historical opposition to devolution. Critics question whether the government will incorporate even the 13th Amendment’s existing powers into the new constitution, let alone expand them. Nationalist forces in southern Sri Lanka, who fear devolution as a step toward separatism, are likely to pressure the government to dilute or eliminate these provisions. Other major parties, such as the UNP, SJB, and Sri Lanka Podujana Peramuna (SLPP), show little interest in advancing devolution in the current political climate.

To achieve lasting peace, the new constitution should, at minimum, fully implement the 13th Amendment’s provisions, enabling provincial councils to manage education, health, land, and administration. Ideally, it should go beyond this to foster inclusive governance that ensures all communities have a stake in decision-making. As former JVP leader Lionel Bobage, now in Australia, argued in a recent article, devolution is not a threat to national sovereignty but a means to empower communities and reduce ethnic divisions.

Promoting Inclusive Democracy

The current constitution’s prioritization of Sinhala and Buddhism has alienated minority communities, fuelling ethnic conflict. A new constitution must guarantee equal status for all ethnicities and religions, reflecting Sri Lanka’s diversity. A broad, transparent public consultation process, building on the 2017 interim report, is essential to ensure the constitution represents all citizens’ aspirations. This inclusivity is critical to rebuilding trust in institutions weakened by corruption and political interference.

The new constitution should establish mechanisms to restore institutional integrity, ensuring judicial independence, protecting human rights, and creating checks and balances to prevent governance failures. These reforms align with the NPP’s promise of a new political culture, addressing the decay of institutions that has plagued Sri Lanka.

Historical precedent underscores the need for early action. The 1972 and 1978 constitutions were enacted within two years of their respective governments’ tenures, capitalizing on strong mandates. Delaying the process, as Bopage warns, risks eroding political will as elections approach. The NPP’s plan to start drafting after the provincial council elections in 2026 is feasible, but further delays could jeopardize reform, as seen in past governments’ failures.

Challenges Ahead

The NPP faces significant hurdles. The JVP’s historical opposition to devolution raises doubts about its commitment to a political solution for the ethnic question. Nationalist pressures may push the government to weaken devolution provisions, while other parties’ lack of support complicates consensus-building. The executive presidency’s abolition requires a two-thirds parliamentary majority, which the NPP may struggle to secure without broad political backing.

Public consultation will be critical to legitimizing the process. The government must engage all communities transparently, addressing fears of separatism while promoting devolution as a tool for unity. Bobage emphasizes that a delayed start risks failure, as political momentum fades closer to elections. The NPP must act decisively to avoid repeating the mistakes of past governments.

The main purpose of Sri Lanka’s new constitution should be to dismantle the executive presidency, implement meaningful devolution to resolve the ethnic question, and establish an inclusive, democratic framework that reflects the country’s diversity. By abolishing the presidency, the NPP can address a key source of centralized power and mismanagement. By strengthening devolution, it can foster peace and equitable governance. Through broad consultation and institutional reform, it can rebuild trust and create a new political culture. The opportunity for transformative change is now, and the NPP must seize it to lead Sri Lanka toward a stable, inclusive future. Delaying or diluting these reforms risks perpetuating the cycle of broken promises and unresolved crises.

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(The writer is a Colombo-based senior journalist)

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