Highway lunch and paralysed institutions
View(s):By the evening, social media posts reported pictures and video clips along with comments about “highway resting” by the buses during the lunch time. They were parked by the roadside of the expressway for rest, toilets, and lunch.
Expressway. Last week NPP supporters violated the law by stopping their buses on the expressway to have a meal.
Expressway rules
Passengers who had disembarked from the buses were seen relieving themselves and enjoying their lunch along the expressway. It is likely that the organisers provided them with meals. It is well known that people from rural areas are often gathered for political rallies in Colombo with the promise of a daily wage, a lunch packet, and, of course, a drink to boost ‘liquid motivation’.
I am not sure whether the Expressway Police arrived at the scene or what penalties, if any, were imposed. However, if strict action had been taken or significant fines had been enforced, such incidents would likely not have occurred on the expressway. Even if no legal action was taken, it does not surprise us because it is not a big deal for us.
If, in the coming days, other motorists begin stopping along the expressway for restroom breaks, snacks, or meals, it would hardly be unexpected. In a few years, unlike in other countries, such scenes might become a regular sight along
Sri Lanka’s expressways.
Expressways are designed to facilitate uninterrupted, safe, and fast travel. Signboards along the route clearly say “No stopping or turning”—a universal rule. These highways are built worldwide to reduce travel time, enhance comfort, and ultimately contribute to business efficiency and productivity.
While motorists are required to strictly adhere to expressway rules and maintain disciplined behaviour, many countries enforce hefty fines for violations. For instance, European Union (EU) member states impose individual fines ranging from 100 to 500 (approximately Rs.34,000 – 170,000) for breaches of road regulations. In Australia, penalties range from AUD 100 to AUD 1,000 (about Rs.20,000 – 200,000).
Beyond monetary fines, these countries also implement a demerit point system, where repeated violations and reckless behaviour can lead to the suspension of a driver’s license. This approach reinforces road discipline and ensures safer driving conditions for all.
System failure
However, my focus is not on any of the issues mentioned above—nor is it on why Sri Lankan lawmakers and authorities have taken a lukewarm approach to maintaining road discipline. Even if such attitudes had persisted in the past, one would have expected improvements in the rule of law and its enforcement under the new government. Instead, my concern lies in a more fundamental system failure that has been exposed by these incidents.
If we all agree, without hesitation, that the May Day incident on the expressway was a blatant violation of road rules, the real question is: why did they not fear breaking the law? Was it due to ignorance—an excuse that holds no weight in the eyes of the law? Or was it because powerful political forces shielded them from consequences? After all, they were travelling to attend a political rally in Colombo.
With local government elections happening, numerous similar incidents were reported—many involving not just civilians but also political leaders and lawmakers. Yet, law enforcement is weak. Why? Because political power dictates when and how the law is applied. This has long been an issue—where the question of who is held accountable under the law and who is exempt has become a political decision rather than a legal one.
As a result, the country’s institutions have become paralysed—and this is the key point I want to emphasise today. Why is this relevant to an economic discussion? Because strong institutions are essential for a nation’s progress and development—or, conversely, their failure can prevent a country from achieving its potential.
Institutional economics
Institutional economics is a branch of economic study that examines the role of laws, social norms, and organisations in shaping societal behaviour and influencing economic outcomes. This is why maintaining law and order is a crucial determinant of a nation’s prosperity.
However, in some societies, unlawful and undisciplined behaviour is often perceived as normal. This occurs when laws are not enforced strictly and when the institutions responsible for upholding them become weak.
This raises a deeper question: Why do institutions weaken over time? One significant factor is political interference in law enforcement. When political power influences legal institutions, their ability to function independently and effectively diminishes. In Sri Lanka, political interference has contributed to the gradual weakening of key organisations over the years and decades.
In this context, it is reasonable to conclude that law enforcement itself can become a political decision. When incidents arise that challenge law and order, authorities may hesitate, weighing the risks of intervention. The consequence of weakened law enforcement is uncertainty—an environment where unpredictability hampers societal progress and obstructs pathways to development.
Sri Lankan evidence
Sri Lanka has consistently demonstrated poor performance in various aspects of its legal system throughout many years. This is evidenced by reports from both the Economic Freedom of the World by the Fraser Institute and the Economic Freedom Index by the Heritage Foundation.
According to the Economic Freedom of the World report, a country’s legal system is assessed through indicators such as judicial independence, impartiality of courts, military interference in rule of law and politics, integrity of the legal framework, and reliability of law enforcement. Sri Lanka scores poorly across these indicators, while historical data suggests that there has been little to no meaningful effort to implement reforms in these areas.
Similarly, the Economic Freedom Index evaluates a country’s legal system based on property rights, judicial effectiveness, and government integrity. The findings from both reports align closely, reinforcing the conclusion that Sri Lanka’s legal system-representing institutions remain weak compared to global standards.
A society tends to sustain and multiply the issues it keeps tolerating. Sri Lanka’s persistently low scores, reflecting the fragility of its legal institutions, lie at the core of its struggles in maintaining law and order. This dysfunction appears to have become normalised—until one is exposed to more effective legal systems elsewhere in the world.
Impact and effects
Creating wealth and fostering economic development are often attributed to the success of economic policies. However, the rule of law—an essential pillar of a country’s institutional framework—is equally crucial. Despite its significance, its impact on the economy can be difficult to quantify due to its complexity.
The issue extends beyond economics, influencing governance, social stability, ethical standards, and a nation’s long-term progress. When breaches of the rule of law are tolerated—whether due to political pressure or institutional inertia—it leads to the gradual erosion of law and order, a loss of public trust, and the weakening of key institutions.
The economic consequences of a deteriorating legal system are profound. Weak law enforcement creates uncertainty, discouraging both foreign and domestic investment. It also fosters corruption and resource misallocation, further hindering economic growth. Social and ethical repercussions are equally severe. A fragile legal system can fuel civil disobedience and widespread lawlessness, which, if left unchecked, can spiral out of control. At that point, institutions become too weak to manage escalating crises. This breakdown can deepen societal divisions, foster conflict, and erode accountability at both political and social levels. Ultimately, the country risks reversing its progress, both nationally and internationally, jeopardising long-term stability and development.
Concluding remarks
A country striving for progress and prosperity must not only implement the right policy reforms but also establish strong, well-functioning institutions. Robust and supportive institutions are a fundamental prerequisite for a resilient market economy.
When institutions are weakened or allowed to become dysfunctional, the rule of law loses its effectiveness, ultimately jeopardising the stability and success of the market economy. And when it happens, we blame the market as if it is the source of all evils.
(The writer is Emeritus Professor at the University of Colombo and Executive Director of the Centre for Poverty Analysis (CEPA) and can be reached at sirimal@econ.cmb.ac.lk and follow on Twitter @SirimalAshoka).
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