Whither Justice?
A retired army commander and a respected engineer petitioned the Supreme Court over judicial appointments made without constitutional council approval. Victor Ivan records what happened: a bench including the Chief Justice heard the petition and then directed the Attorney General to establish whether the petitioners had abused the judiciary by bringing it. The message, as he reads it, is that nothing the President does may be questioned, and that asking is itself an offence. Neither man belonged to the UNP or sought party advantage; they went to the last place open to a citizen with a grievance about governance. The Court’s first duty is to defend the constitution against an executive assuming powers it does not have, and by making the protection of the President its duty instead it has annulled the constitution without replacing it — leaving the country, Ivan writes, with no fundamental law at all. Similar cases from the Organization of Professional Associations and the People’s Movement for Good Governance have met the same immunity ruling. What strikes him most is who is fighting: citizens who know they will lose, while the UNP, the JVP and the Jathika Hela Urumaya say nothing and parliament will not even debate it. A judiciary that abandons its supervision of the executive, he concludes, brings the country closer to Prabhakaran’s Reich, where no authority may investigate Prabhakaran.
A Country Destroyed by Leaders
Victor Ivan argues that Sri Lanka has become, or is fast becoming, a failed state — a term its academics resist because they fear UN administration, while making no serious intervention to correct the country’s course. His test is the constitution: legislature, executive and judiciary alike decline to respect it, and none treats honouring it as a condition of the system’s survival. The 17th Amendment provides his illustration. A presidential campaign is underway with no elections commission in place, the President having refused to approve a name the constitutional council investigated and cleared. The elections commissioner, past retirement age and unable to leave his post because no commission exists, went to court and was told there was nothing the judiciary could do; parliament did not debate the matter at all. The constitutional council itself has been dormant for months, leaving Court of Appeal vacancies unfilled, with the IGP retiring in November and the terms of the Police and Public Service Commissions expiring. Appointing new members falls to the Prime Minister and the Leader of the Opposition — the two men now contesting the presidency, neither of whom appears interested.
Voluntary March Towards Destruction
Victor Ivan argues that neither the UPFA nor the UNP read the 2004 election result correctly: the government took a near-tie as a mandate, the opposition as a victory, when both should have read it as a demand for consensus. Parliament has sat three times since the election, spending those days on abuse and fisticuffs while costing Rs 1.9 million a day whether it meets or not. The government advertises the repeal of the Tax Amnesty Act and the compensation formula though no amending bills have been tabled, and diverts youth brigade funds without the parliamentary approval such a transfer requires. Having roused the trade unions against its predecessor, it now cannot drive back the demon it summoned; having roused the country against the Norwegian-brokered talks, it now wants negotiations in an environment of its own poisoning. Ivan holds not only politicians but intellectuals, the private sector and society at large responsible for standing aside, and expects wisdom to arrive only after the fall.
Conscience Benumbed
In this article, Victor Ivan argues that decades of mass violence and rampant political corruption have paralyzed the collective conscience of Sri Lankan society. Drawing heavily on the psychological trauma outlined in Prof. Daya Somasunderam’s book Scarred Minds, Ivan asserts that the psychological damage seen in the Tamil community is reflective of a wider distortion affecting all Sri Lankans—victims, perpetrators, and witnesses alike. Using the commercialization and resulting decline of Sri Lankan cricket as an analogy for the state of the nation, the author critiques how governance has become a mechanism for public plunder. Specifically, Ivan highlights the failure of the 17th Amendment, pointing out that constitutional safeguards and independent commissions (such as the Elections, Police, and Bribery Commissions) have been deliberately sabotaged or stalled by the President, with little to no resistance from the judiciary, the political opposition, or a benumbed public.
Silence Must End
This article addresses Sri Lanka’s intellectual stagnation, arguing that high literacy rates mask a deeply backward social consciousness starved of meaningful public debate. Contrasting Sri Lanka’s superficial modernism with Europe’s Enlightenment and India’s inclusive movement under Mahatma Gandhi, the author criticizes Sri Lanka’s past reform attempts for fragmenting society along racial, religious, and class lines. The text delivers a sharp warning to the educated class, asserting that their persistent silence and fear of controversy create a dangerous vacuum—one historically filled by violent extremists like Wijeweera and Prabhakaran—and calls on intellectuals to fulfill their civic duty by sparking dynamic social discussion across all areas of national life.
WANTED: An organized civil movement
This article delivers a scathing critique of “crony capitalism” in Sri Lanka, a deeply entrenched system of state plunder initiated under former President J.R. Jayewardene. The author expresses profound disillusionment with the newly elected People’s Alliance government, arguing that instead of dismantling this corrupt network and recovering stolen national wealth, the new leadership has simply embraced the same wealthy elites who bankrolled their rise to power, leaving the public’s demand for justice unfulfilled.