Sri Lanka: Debate Rises Over Executive Power and AG Independence 📈

The legal and political landscape in Sri Lanka is facing a critical review as the role of the Executive Presidency and the Office of the Attorney General (AG) comes under intense scrutiny regarding the public trust doctrine and institutional independence. • Executive Presidency & Reform: Current discussions emphasize the shift of power from the President to independent commissions. While the 1978 Constitution centralized authority, recent jurisprudence and the 21st Amendment have increasingly held the Executive accountable to Parliament and the Judiciary. There is a growing call for a new Constituent Assembly to ensure a constitution with broad public legitimacy. • Attorney General’s Mandate: The AG remains the "face of the government" in criminal and public law, exercising quasi-judicial powers like nolle prosequi (terminating proceedings). Concerns persist over whether the office should be fully independent, as an autonomous AG could potentially conflict with the Executive’s role in national security and foreign relations. • Legal & Financial Accountability: • Article 12: Ensures equality before the law; recent Supreme Court rulings have used this to hold public officials accountable for "indecisions." • Public Finance: Under Article 148, Parliament maintains full control. Experts warn that any attempt to withhold funds from the Executive to curb power could render the government unworkable. • Presidential Immunity: Article 35 provides immunity during office, but private acts remain subject to legal challenge after the term ends. • Sector Impact: Strengthening the rule of law is viewed as vital for the ICT/BPM and investment sectors to ensure policy consistency and protect the public trust doctrine in state resource management.