29 December 2025 - 4 January 2026
The media coverage during the week of 29 December 2025 to 4 January 2026 reflects persistent structural tensions within Sri Lanka's constitutional framework. These concerns highlight the gaps within Sri Lanka's constitution and raise questions regarding necessary reforms. The key areas under question include institutional independence, democratic representation, judicial autonomy, academic freedom, media regulation, security legislation, economic governance, public participation, and oversight of regulatory and security institutions.
1. Auditor General Vacancy and Institutional Independence
One significant issue reported during this period is the continued absence of a permanent Auditor General which sparks questions on institutional independence and accountability architecture. Following the retirement of Chulantha Wickramaratne in April 2025, multiple individuals who were proposed by the President were reportedly not approved by the Constitutional Council. According to constitutional provisions, the President can appoint an Auditor General only with the consent of the Constitutional Council. As a result, an Acting Auditor General has been functioning in the role for nearly three months. This extended dependence on an acting official weakens financial oversight and compromises the autonomy of the country's principal auditing institution. This delay also affects the examination of expenditure related to Cyclone Ditwah and diminishes the effectiveness of constitutionally established systems of fiscal accountability.
2. Provincial Council Elections and Democratic Representation
Another issue which was apparent this week is one which has been continuing for several years, the postponement of Provincial Council Elections as a result of repeated efforts to amend the electoral system. Consequently, Provincial Councils have not been reconstituted through elections leading to administrative costs and governance burdens to continue. This reflects limitations in democratic representation and devolution. The repeated postponements create a democratic deficit in a devolved government. It also weakens the constitutionally recognised subnational representation. The prolonged absence of elected councils raises justiciable concerns relating to the right to political participation and the effective operation of devolution.
3. Judicial Promotions and Independence
Another significant issue which was raised this week was in relation to judicial independence. Recently, judicial promotions were made which departed from seniority devoid of transparent or publicly articulated merit-based criteria. While the Bar Association of Sri Lanka (BASL) directed concerns regarding this to the President, they stressed that such actions risk undermining judicial independence and public confidence in the judiciary. Such judicial promotions which lack clear, objective and transparent standards expose the judiciary to actual or perceived executive influence. This raises questions about the constitutional principle of separation of powers and threatens the independence necessary for public trust in the administration of justice.
4. University Act Amendments and Academic Freedom
Another significant issue which was raised this week was academic freedom and institutional autonomy. The cabinet has approved amendments to the University Act expanding the authority of university councils to remove Deans and Heads of Departments prior to the completion of their terms, without specifying clear statutory grounds. Objections to this amendment were made based on the fact that university councils are largely composed of government appointees and as the amendment was made with limited consultation with academic stakeholders. This act increases the risk of politicisation of universities. From a constitutional point of view, this enhanced political control over university governance threatens academic freedom, institutional autonomy and freedom of expression within higher education institutions. It also raises constitutional concerns relating to fairness and independence in academic administration.
5. Media Licensing and Freedom of Expression
Freedom of expression and media regulation is another area which was under concern this week. A minister, naming a private television channel, publicly suggested the possibility of cancelling broadcasting licences for the dissemination of "fake news". While Sri Lanka presently lacks an independent broadcasting authority, licensing authority remains with the Ministry, frequency allocation with the Telecommunications Regulatory Commission, and private broadcasting licences are issued on a temporary basis. Executive-controlled licensing frameworks without independent regulatory oversight or procedural safeguards raise questions on freedom of expression and media independence. Content-based threats to licensing raise serious constitutional risks of indirect censorship and prior restraint.
6. Protection of the State from Terrorism Bill
In terms of security legislation and fundamental rights, this week's media reports show how the Government had advanced a draft for new legislation under the title "Protection of the State from Terrorism Bill", which would replace or amend the "Prevention of Terrorism Act" (PTA). This cited concerns raised by the UN Human Rights Council. The new bill is said to have narrower definitions of terrorism, limits on detention, strengthened access to legal counsel, and increased judicial oversight. While security legislation serves as a critical test of the Constitution's capacity to reconcile public order with fundamental rights, the scope of detention powers, clarity of offences, and degree of judicial supervision directly engage constitutional protections of liberty, due process, and expression.
7. Port City Regime and Economic Governance
In relation to economic governance and special regulatory regimes, policy adjustments for the Port City Regime were made. These include the removal of personal income tax exemptions, the introduction of "Business of Strategic Importance" classifications, safeguards against domestic market displacement, the issuance of a single casino licence without tax concessions, and confirmation that no cryptocurrency exchanges are planned. Authorities report continued investor interest. Special economic regimes must comply with constitutional principles of equality, legal certainty, and transparency. Differential regulatory or tax treatment without clear safeguards risks undermining public confidence in fiscal fairness and governance predictability.
Taken together, the media coverage during this period reveals enduring constitutional tensions in Sri Lanka's governance framework, particularly in relation to institutional independence, democratic accountability, and the balance of power between the executive and other state institutions. The recurring reliance on interim arrangements, delayed elections, regulatory discretion, and expanded executive influence reflects the need for clearer safeguards, stronger oversight mechanisms, and meaningful constitutional reform to ensure the effective protection of fundamental rights and the rule of law.