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Week 39, 2025 4 min read

Key Constitutional Aspects Reflected in the Media

Six insights linking current governance debates, from parliamentary oversight to gender equality and clean energy, to concrete constitutional reforms.

This week’s media coverage has been organized under six key thematic areas, each analyzed from a constitutional perspective. The report highlights emerging legal and governance issues that reveal structural gaps within Sri Lanka’s present constitutional framework and identifies comparative insights from other jurisdictions that may inform the drafting of a future Constitution in Sri Lanka.


1. Strengthening Parliamentary Oversight and Accountability Mechanisms

Two amendments have been brought to amend Standing Order 137 of Parliament, empowering the Committee on Public Enterprises (COPE) and the Committee on Public Accounts (COPA) to refer cases of financial fraud and corruption identified during inquiries directly to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) or to the Inspector General of Police (IGP) for legal action.¹

Constitutional Development

This reform bridges a persistent constitutional gap between detection and enforcement, and strengthens Parliament’s oversight over the executive and public administration.

Comparative Insight

India’s Public Accounts Committee (PAC) functions similarly, ensuring financial mismanagement is referred to investigative authorities, thereby upholding legislative supremacy over public finance.


2. Gender Equality and Reform of Discriminatory Family Laws

A comprehensive Women’s Declaration on Family Law and Practices in Sri Lanka was presented to the Ministers of Justice and Women’s Affairs, demanding reform of discriminatory personal laws such as the Muslim Marriage and Divorce Act (MMDA) and Thesavalamai. The declaration seeks a uniform framework ensuring equality, protection, and dignity in family relations.²

Constitutional Development

This development directly engages constitutional guarantees of equality and non-discrimination.

Comparative Insight

South Africa’s Constitution explicitly guarantees gender equality and allows courts to strike down customary or religious laws inconsistent with the Bill of Rights.


3. Executive Accountability and Parliamentary Control of Public Finance

A civil society report (PAFFREL, M12M) assessing the first six months of the National People’s Power (NPP) Government reveals that while 42% of actions focused on economic modernization, numerous social and community pledges remain unfulfilled. Significantly, 191 Cabinet decisions linked to manifesto commitments lacked corresponding budget allocations.³

Constitutional Significance

This finding underscores fundamental constitutional principles relating to executive accountability, transparency, and parliamentary control of public finance. Under a democratic Constitution, all government spending must derive from legislative authorization.

The prioritization of economic modernization over social welfare highlights the need for a constitutional commitment to equitable development—requiring the State to allocate resources fairly among economic, social, and community sectors.


4. Environment and Energy Transition

Sri Lanka has launched its National Renewable Hydrogen Policy, together with an Integrated National Financing Framework (INFF) Strategy and a Just Energy Transition (JET) Study, positioning the country for a clean-energy future anchored in hydrogen, renewables, and inclusive financing.⁴

Constitutional Significance

This development reflects a growing need to constitutionalize the principles of sustainable development and energy justice. The hydrogen policy and JET framework present an opportunity to integrate environmental and energy governance into Sri Lanka’s Constitution—transforming sustainability from policy aspiration into a justiciable constitutional commitment.

Comparative Insight

Germany’s Basic Law (Article 20a) imposes a constitutional duty on the State to protect natural foundations of life for future generations.


5. Asset Declaration and Transparency

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) disclosed that 41 high-ranking officials—including a Cabinet Minister, several State Ministers, Governors, Ambassadors, senior diplomats, and judges—failed to submit their annual asset and liability declarations as required under Section 80 of the Anti-Corruption Act, No. 9 of 2023.⁵

Constitutional Duty of Declaration

This incident underscores the need for stronger constitutional mechanisms to ensure public integrity and transparency in governance. While the Anti-Corruption Act provides a statutory obligation, a new Constitution should elevate periodic asset declaration to a constitutional duty for all high public officials, making it a direct requirement of office.

Comparative Insight

Kenya’s Constitution (Article 76) mandates public officers to declare assets and liabilities, enforceable through the Ethics and Anti-Corruption Commission.


6. Children and Women

This week’s news reports highlight two key developments:

  1. A sharp rise in online sexual exploitation of women and children, revealing weaknesses in cyber-protection and enforcement; and
  2. Penal Code amendments (sections 308, 314 and 316) that criminalize all forms of corporal, psychological, and verbal punishment of children, affirming that such violence constitutes a violation of fundamental human rights.⁶

Constitutional Significance

The rising online exploitation of women and children, alongside Penal Code amendments banning all forms of corporal and psychological punishment, highlights the urgent need for constitutional recognition of dignity, bodily integrity, and digital safety as enforceable rights.

These parallel issues expose critical constitutional dimensions around human dignity, equality, privacy, and child protection.


Sources

  1. https://www.divaina.lk/main-news/31729
  2. https://ceylontoday.lk/2025/09/27/women-demand-justice-a-declaration-to-rewrite-sri-lankas-family-laws/
  3. https://ceylontoday.lk/2025/09/27/paffrel-m12m-bi-annual-report-reveals-economy-tops-npp-agenda-in-first-six-months/
  4. https://ceylontoday.lk/2025/09/25/sri-lanka-charts-course-for-a-renewable-future/
  5. https://www.sundaytimes.lk/250921/news/ciaboc-names-those-who-failed-to-declare-assets-last-year-613089.html
  6. https://island.lk/rise-in-number-of-women-children-targeted-by-sex-offenders-online/