Prof. Savitri Goonesekere calls for a new Constitution to abolish the Executive Presidency

Sri Lanka needs a new Constitution that abolishes the Executive Presidency and establishes a parliamentary system with the Prime Minister at the centre of government, eminent legal expert and jurist Professor Savitri Goonesekere says.

Speaking at an event in Colombo, the former Vice Chancellor of the University of Colombo said constitutional reform should focus on correcting weaknesses in Sri Lanka’s democratic system while strengthening the institutions that protect citizens’ rights.

Professor Goonesekere cautioned against interpreting Sri Lanka’s democratic shortcomings as a reason to abandon democracy itself.

“We must now recognise that even today, if we say there is a democratic deficit, our countries have used democracy to give a better quality of life to our people,” she said.

She acknowledged that Sri Lanka has experienced serious failures and dysfunctional institutions but argued that these shortcomings should be addressed through constitutional reform rather than a shift towards authoritarian governance.

“The challenge is to build a new Constitution that addresses the gaps we have and ensures the well-being of our people. That should be the basis of drafting a new Constitution,” she said.

‘The NPP must deliver on its commitment’

Goonesekere also highlighted what she described as a responsibility on the current National People’s Power (NPP) Government to pursue constitutional reform.

She noted that the need for a new Constitution was included in the NPP’s election manifesto and said the Government should be held to that commitment.

Addressing the frequently cited political legacy of the past several decades, she rejected the idea that Sri Lanka’s history should be reduced to a single constitutional “curse”.

“We must also challenge this often-repeated statement that we have a '78 curse. We have had deficiencies, but we have had democratic governance,” she said.

Goonesekere also referred to Sri Lanka’s periods of political violence and said the country had nevertheless continued to evolve within a democratic framework.

She pointed to the entry of the JVP into the democratic political process in 1994 as an example of that evolution.

“Having entered that democratic political process, it is a commitment that we must hold this government to: to deliver on democracy and not any other system of governance.”

Executive Presidency should be ‘the baseline’ of reform

For Goonesekere, the abolition of the Executive Presidency should be non-negotiable in any new constitutional settlement.

“The dismantling of the executive presidency must be the bottom line—the baseline—of constitutional reform,” she said.

She called for a transition to a parliamentary system with a Prime Minister, Parliament and a functioning Opposition, arguing that Sri Lanka should stop relying on repeated constitutional amendments.

“We cannot continue to have amendment after amendment. The time has come to say: no more amendments. What we need is a new Constitution with the dismantling of the executive presidency.”

She also called for all-party consensus, saying the process should not be unnecessarily delayed.

According to Goonesekere, Sri Lanka already has a substantial body of reports and draft constitutional proposals that could serve as the basis for a consultative drafting process.

“This should not be postponed, as it is entirely doable,” she said.

Protecting judicial independence

Goonesekere also stressed that judicial independence must remain a fundamental principle under any new Constitution.

She highlighted what she described as three key safeguards: the retirement age of sitting judges should not be altered; judicial salaries should be guaranteed through the Consolidated Fund; and judges should only be removed through a credible impeachment process.

“These are the three pillars,” she said, arguing that they are essential to maintaining an independent judiciary within a system based on the separation of powers.

She said the judiciary has a distinct role because it must ensure that both the legislature and the executive respect the rights of the people.

“In a model of democracy with a separation of powers, it is the institution that monitors and ensures that the legislature and the executive respect the rights of the sovereign people.”

Her remarks come amid renewed debate in Sri Lanka over constitutional reform, the future of the Executive Presidency and the structure of democratic governance.