The Failure of Constitution-making in Sri Lanka (2015–2019)

Abstract

When the coalition government known as the National Unity Government of 2015 initiated the promulgation of a new constitution for Sri Lanka, it had embraced transparent and inclusive procedures that were never rehearsed in the constitutional politics since independence. As part of the progress, within one and half years’ time, the members of the steering committee set up by constitutional assembly, presented the interim proposals on the new constitution. Impressive progress was made by the government, yet the task of moving towards a new constitution experienced a deadlock and had to be discontinued. This article examines constraints experienced by the National Unity Government during 2015 and 2019 that at some point sabotaged the project of constitution-making. By utilizing the insights of Jon Elster in this regard, this qualitative study finds that political parties serving at both constitutional assembly and parliament have influenced the progress of the constitution-making and contributed to its failure. This study reveals that group interest and permanent passion (the loyalty to their own ethnic population) have encouraged certain groups and factions within the constitutional assembly and the parliament to wield it as a tool of political capital. Therefore, Government of Sri Lanka should rethink the parliament serving as constitutional assembly and adopt compulsory equilibrium between publicity and secrecy.