New Constitution Must Be Formulated with People's Participation: Saliya Peiris
13-Sep-2026.
If a new Constitution is to be introduced in the country, it should not be introduced secretly, without the knowledge of the people, or in haste, as was done with previous constitutional amendments. It must be undertaken transparently and with the participation of the people, former President of the Bar Association of Sri Lanka and President's Counsel Saliya Peiris has emphasised.
He made these remarks while addressing a special discussion organised by the Colombo Young Lawyers' Association.
He further stated:
Although all Presidents who have come to power during the past 40 years have pledged to introduce a new Constitution and abolish the executive presidential system, after assuming office they have been unable to free themselves from the attraction of the powers vested in the 1978 Constitution.
Nearly two years of the present Government's term are also approaching completion, yet no significant efforts towards a new Constitution are visible. If a new Constitution is formulated, the right and authority to do so do not belong exclusively to the Government, the President or the judiciary. It belongs to the people of the country. Therefore, it must be formulated only after obtaining the views of the people and through a transparent process.
Throughout Sri Lanka's history, constitutional amendments have been introduced with particular individuals in mind. The 1978 Constitution itself was formulated with J. R. Jayewardene at its centre.
Laws framed around individuals fail when those individuals change. Therefore, the new Constitution must not be centred on individuals, but must instead be based on principles.
A proper balance of power must be maintained among the three pillars of government, namely the executive, legislature and judiciary. The judiciary must not merely be independent; it must also be accountable to the people and to the law.
The scope of the law relating to contempt of court should be reconsidered, and reasonable criticism of judicial decisions should be encouraged. Further, economic, social and cultural rights should also be incorporated into the Constitution as fundamental rights, as in South Africa.
The people of the country must stop looking for a new leader every time. The country's problems cannot be resolved through individuals.
The system change emphasised in 2022 was not about replacing individuals. Rather, it was about strengthening State institutions such as the executive, legislature, judiciary, Police and the Commission to Investigate Allegations of Bribery or Corruption, he said.
