This amendment is to be a serere blow on the rule of law.

This limitless ultimate

sovereignty caused the country in severe economic crisis. It resulted in long and ques
for fuel, food cricis and long power cuts. This is the state of nature in practical sense
Due to the citizens peaceful protest termed “Aragalaya” demanded a constitutional
reform, the 21st amendment to the 1978 Constitution was only an eye washer.
My point of view is that we need a new constitution to our country that reflects the
values, ensuring rule of law and proper constitutional governance.

John Locke’s contribution to the social contract theory

Lockean version of social contract theory is more pragmatic, wide ranging and
rational. In his book Tow Treaties of Government, Law of nature is illustrated as
followers.
Law of nature is a status that people were living in peace and harmony, in the basis of
all morality, given to them by God, commands that they must not harm with
regards to their blife, health liberty or possessions.
He strongly believed that this peaceful environment can certainly devolve in to
a state of warover property dispules. Furthermore, limitless ultimate power
vesting in political authority (without a mechanism for any restrictions or any
legal authority’s sivialance) would end up in more harm than benefits.
As a result of this philosophy people realized it is always better to have a
contract with legal authorities, which could oversee the disputes between rights
to maintain an orderly society. Hobbes always places importance on the fact
that the political body should have limitations. When in the Low of nature,
where there’s on civil power to whom men can appeal, people can defend
themselves by bringing force against them.
Thus people make a compact lave from the state of nature and form one
political body under one government and submit themselves to the will of that
body.
Locke’s express a comprehensive and lucrative analogy regarding the
formation of the social contract. Men were in a social contract with their
sovereigns for the universal and inalienable rights which had a divine origin.
Rights to life is one of the universal and inalienable right expressly guaranteed
by almost all the constitutions across the world. The indian constitution article
21 guarantees the right to life. This explicit reference has expanded its scope by
judicial activities through various cases.
With regards to the Sri Lankan constitution there is no guaranteed fundamental
right to life. Article 12 and article 14 collectively, impliedly recognize the right
to life.
In order to impliedly recognize these rights and do justice to people the judge
should be a bold spirit judge, not a timorous sole judge. This is well described
by lord Denning. To empower law makers to expand the scope of achieving
justice those bold spirited judges are justice Mark Fernando, Justice Shirani
Thilakawardana, justice C.J.Weeramanthri, Justice Bagawathi and Justice
Krishna Aiyar.
Therefore Indian social contract is more sophi