It has been said that constitution making is much more difficult than bread making. This is because it is a complex, over arching and highly principled affair. There are several basic principles involved. A Constitution as you know is the basic law of the state. Therefore it has to be comprehensive, yet not too bulky. It should not be too rigid nor too flexible. It should not be absurdly alien or unnecessarily hybrid. It should not be hastily thrust on the people but evolve over periods of time. These are some of the basic principles of constitution making which were not observed in 1978 when the present constitution was rushed through.

In fact Dr. M. M. Perera one of the most brilliant constitutional experts of Sri Lanka described the 1978 Constitution as a hotch-potch of the American and French Constitutions. He said that this mixture does not mix. He foresaw the emergence of a dictator in the garb of an Executive President in the not so distant future. This is precisely what has happened. Obviously, this monstrosity which we are saddled with today is destroying the very foundations of democracy. The task before us is to find ways and means of replacing it with a more acceptable system by general consensus.

Constitutional proposals of the Sinhala Commission

We are assembled here today to discuss the merits and demerits of the constitutional proposals of the Sinhala Commission and arrive at a general consensus. However, in our deliberations we will be constrained by certain limitations which are inherent in these proposals. Firstly, these proposals do not encompass all the essential components of a Constitution such as the executive, the legislature, the judiciary, character of the state, sovereignty of the people, fundamental rights, language, citizenship, franchise, elections and many others. Secondly, the proposals are heavily focussed on overhauling the executive arm of government only. Thirdly, unlike the Government’s Constitutional Reform Proposals of October 1997, these proposals have not been constitutionally structured nor legally worded. Of course these limitations will not prevent us from entering into a fruitful dialogue because they focus on the most contentious and cancerous issues vis a vis our Constitution.

The objectives of these proposals have been clearly spelt out by the Sinhala Commission namely; to put an end to the present system of confrontational politics; to make provision for minorities to participate actively in the process of governance at the centre; to promote the ideal of "one country" and "one people" and to get rid of different types of divisive trends. These proposals are clearly aimed at overhauling the executive arm of government with a view to bringing back orderly and just governance. These aims and objectives are to be achieved through the abolition of the Executive Presidency, the restoration of the Parliamentary System of government coupled with the Executive Committee System and the depoliticization and democratization of administration.

With regard to the need to abolish the Executive Presidential System the Sinhala Commission in Page 12 of its proposals has stated that; "It is not good to have overall concentration of power. It hinders the practice of democracy, impedes economic development and prevents taking full advantage of collective wisdom. Over concentration of power is liable to give rise to arbitrary rule by individuals at the expense of collective leadership; and it is an important cause of bureaucratic inefficiency."

Absolute power corrupts absolutely

Sri Lanka’s Executive Presidential System has been vested with unlimited and unprecedented power and authority. If the proof of the pudding is in the eating then the actual operation of the Executive Presidency during the last 21 years has proved beyond any reasonable doubt that "power corrupts and absolute power corrupts absolutely". In terms of Article 30(1) of the Constitution the President is the Head of State, the Head of the Executive, the Head of Government and Commander in Chief of Armed Forces. In terms of Articles 43 & 44 he is the Head of the Cabinet, appoints the Prime Minister, determines the number of Ministries and Ministers, appoints Deputy Ministers and other Ministers and assigns subjects and functions at his total discretion. In this regard it is not mandatory for the President to consult the Prime Minister. The Prime Minister has been reduced to a cucumber, absolutely powerless and worse than a puppet. The President is also empowered to appoint Secretaries to Ministries, Secretary General of Parliament, Army, Navy and Air Force Commanders and the IGP, the Chief Justice and Judges of the Supreme Court and the President of the Court of Appeal and the Judges of the Court of Appeal. In recent months we have seen the President making such appointments throwing caution to the winds and totally disregarding a basic tenet of natural justice that "justice should not only be done but should manifestly appear to have been done."

The all knowing supremo

In terms of Articles 70(1) the President is empowered to summon, prorogue and dissolve Parliament as and when he pleases. It is this provision which was used by President Ranasinghe Premadasa to abort the Impeachment Motion against him. But of course, the legality, the morality and the factual accuracy of that motion is still in serious doubt.

In terms of Article 35 (1) the President enjoys absolute immunity against being sued for any act of omission or commission in his official or private capacity. Upon assuming the Presidency he does not cease to be the leader of his political party. As the all knowing supremo he dictates his vision, mission and policy to the Cabinet. He is not a member of Parliament but addresses the Chamber as and when it pleases him. Parliament is no longer the supreme instrument of state power. It is the President who is the supreme instrument of state power.

In terms of Article 42, the President is responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions. But this so called responsibility to Parliament is only a myth. Responsibility implies he is accountable to Parliament for his acts of omission and commission. The test of accountability is the correctives that can be imposed on him by the legislature. But, what correctives can Parliament impose when the President cannot even be criticized excepting on an Impeachment Motion, nor is it possible to dismiss him through a vote of no confidence.

Fundamental rights and freedoms thwarted

The Executive Presidential System has debased and debilitated the freedom and sanctity of democratic institutions such as Parliament, Courts and the Media. It has stood in the way of Parliament asserting the rightful role of exercising the sovereignty of the people through their representatives. It will not be possible to guarantee a just and righteous society when the prosecutor, judge and the jury are one and the same. Above all it has contributed to the politicization of each and every facet of public life, advanced the cause of partisan politics, frustrated the democratic process and built a wall of hatred against politicians and politics. Therefore, there is a clear case for the abolition of the Executive Presidential System and return to sanity by embracing the Westminster system.

Under the Westminster System state power is exercised by the Head of State on the advice of the Prime Minister who in turn is backed by the Cabinet and Parliament. The Prime Minister is personally responsible and answerable to the Cabinet and to Parliament. The Sinhala Commission has clearly stated in Page 8 of its proposals that the Executive Presidency should be abolished because it is a naked dictatorship that has been foisted on our country. However the Sinhala Commission has not advocated a return to purely ceremonial presidency. It has in mind bestowing on the President certain well defined powers and responsibilities. Also, the introduction of the Executive Committee System of Government would enhance the President’s authority, independence and impartiality. The President will be elected from nominees outside Parliament and by Parliament for 6 years.

Bending backwards, forward and kneeling

This is only one side of the story. There is a fair cross section of public opinion especially among the political types who favour the retention of the Executive Presidency with certain modifications. One of the arguments adduced in favour of the system is that in a multi ethnic, multi religious and multi lingual situation such as ours a President directly elected by the people would always safeguard minority rights and interests. This is not altogether untrue, because we have seen Executive Presidents of Sri Lanka bending backward and forward and sometimes kneeling before the almighty minorities, to come to power as well as to hold on to power. A good example is the Equal Opportunity Bill which is now before Parliament. It is a piece of legislation which causes a great deal of harassment, debilitation and discrimination to the Sinhala majority who constitute 74 percent of the population by the minorities usurping their hard fought victories, rights, privileges and positions. This kind of legislation is good for countries which practice racial, religious and linguistic discrimination by way of apartheid, slavery, religious phanaticism, white racism and not for Sinhala Buddhist Sri Lanka which has for 2500 years tolerated and embraced all types of extremists, phanatics and parasites. This is just another silly attempt to appease the minorities. It is not yet known who wanted this, from where it was copied and who is responsible for introducing this infectious disease?

The protagonists of the Executive Presidency have argued that the country needs a stable and strong government to achieve rapid economic development combined with equity, social justice, and environmental protection. Also there is a general consensus that the country needs a strong and powerful ruler during times of internal civil war, terrorism and separatism and external intimidation and threat. This is precisely what President Ranasinghe Premadasa was confronted with; terror and cold blooded murder in the South; terrorism, separatism and civil war in the North; and a 100,000 strong Indian Army of occupation in the North and East; i.e. in 1/3 of the Country.

I am of the firm conviction after having directed operations myself in all three fronts that it is the Executive Presidential System and the iron hand of President Ranasinghe Premadasa that enabled Sri Lanka to get out of that terrific mess. Also, I must add that his hands were further strengthened by a clear UNP majority in Parliament, the unitary character of the state and the supremacy of Parliament. I believe you are aware that if the Government’s Devolution Package of October 1997 goes through we will end up with a federated union of at least 8 regions or states and 9 Parliaments including the one by the Diyawanna Oya; with its head decapitated.

Executive committee system of government

The Second vital and radical recommendation of the Sinhala Commission is the restoration of the Parliamentary System of Government coupled with the Executive Committee System. Under the proposed system political parties as usual will contest the Parliamentary Elections. The leader of the party with the largest number of seats will be appointed to the office of Prime Minister and the leader of the party with the second largest number of seats is made the Deputy Prime Minister. This will ensure bipartisan government. The Prime Minister will name the Cabinet of Ministers and assign subjects and functions in consultation with the Deputy Prime Minister. All political parties which have polled over 20 percent of the votes cast should be entitled to posts in the Cabinet in proportion to their strength.

Cabinet Ministers will not be bound by party directions. All remaining Members of Parliament will be assigned equally to the different Ministries taking into account each MP’s aptitude, experience and professional qualifications. The Ministers and MP’s so assigned constitute each Ministry. All members will have equal rights in the Executive Committee. All policy decisions will be arrived at by consensus; failing which by majority vote. Proposals approved by each committee will be submitted to the cabinet for consideration by way of policies, plans, programmes and draft legislation. Once approved they will be implemented and the draft legislation presented to parliament. If this system is introduced parochial political considerations and divisive party politics will take the back stage. It will ensure consensual politics. The vicious "winner takes all" syndrome will be no more. There will be all party government which will contribute to resolving the ethnic problem too.

Feasibility and practibility

All this sounds so fabulous and fantastic on paper. But is it realistic, feasible and practicable? Party Politics in Sri Lanka have been compared to the beggar’s wounds. If the beggar allows his wounds to heal that is his funeral. All political parties would like the wounds to get bigger and bigger, so that, they can thrive on them. The minority parties in particular thrive on the misery, disunity and chaos of the Sinhalese. How workable is this system? When the leader of the second largest party becomes Deputy Prime Minister who will be the leader of the opposition? Can there be a healthy parliamentary democracy without a vibrant and dynamic opposition? If the policies of the Prime Minister’s party and the Deputy Prime Minister’s party as stated in their respective policy statements and election manifestos are not one and the same can you govern? How do we ensure collective responsibility? Can the Prime Minister sack dissidents and errant Ministers? These are some of the issues we should discuss and try to resolve.

If we can find solutions to these problems the proposed Executive Committee System is ideally suited to our country; torn apart by political greed, communal disharmony, terrorism, separatism, bribery, corruption, nepotism, favouritism, and political victimization. It will help preserve the unitary character of the state and ensure representative government. It will ensure equal rights and provide for the fair allocation of resources. This obviously is the ultimate in participatory government; a true embodiment of government of the people, by the people and for the people. To my mind it is only a distant dream. But there is no harm trying.

Depoliticization and democratization

The third major constitutional change proposed by the Sinhala Commission is in the area of depoliticization and democratization of the administration. A four pronged political and institutional restructuring is envisaged as follows:

(a) Following on the pattern of the State Council of the 1930s; 5 Special Commissions will be established for Defence and Internal Security, Finance, Foreign Affairs, Public Service and Administration and Cultural Policy. They would comprise the President, Prime Minister, Deputy Prime Minister, Minister in charge and 2 Members of Parliament selected by Parliament. Other knowledgeable and experienced persons will be co-opted. These Special Commissions are expected to function independent of the Executive Committees and give umbrella cover to all of them.

(b) The Provincial Council System will be abolished and replaced with a District Councils System. This is because provincial administration is alien to Sri Lanka. For well over 100 years what was in vogue was district administration. The Provincial Councils are a terrific financial burden and an unnecessary layer of bureaucracy with many attendant evils such as a Pajero, cellphone and government bungalow culture, among other things. In any case they have resulted only in adding another layer of greedy politicians who are only interested in fattening themselves.

(c) A proposal for which there is a great deal of consensus is the establishment of 3 Independent Commissions in charge of the Public Service, Police Service and Elections. The members of these Commissions are to be appointed by the President in consultation with the Prime Minister and the Deputy Prime Minister and also with the prior approval of Parliament.

(d) The fourth recommendation is to set up an Independent National Planning Commission. Formulation of the National Plan will be a bottom up process starting at district level. The sectoral components will be built into it at the ministry level. The National Plan will be finalized by the National Planning Commission and submitted to Cabinet through the Finance Commission for approval.

Are they practible and implementable?

These are of course very pious hopes, aspirations and ideals that are being mooted with good intentions and in good faith. We must examine how acceptable they are to the people? How theoretically sound, practicable and implementable they are in a country where the only interest is self interest; the only goal is political expediency and the greatest aspiration is how much can be pocketed during the 6 years in office. If democratization and depoliticization in this manner are acceptable to the people then we should try and fine tune these proposals so that they are fool proof, logical and workable. My comments on the institutional changes envisaged are as follows:

(a) On the establishment of 5 Special Commissions on Defense, Finance etc.; I am of the view that even though this would have been necessary during British colonial rule, today it is a redundancy. Also, it will cause delays in decision making and become a bottleneck to speedy implementation of programmes and projects. Further, such Special Commissions will be labelled as undemocratic and obstructionist.

(b) The abolition of Provincial Councils and the establishment of District Councils would naturally apply brakes on territorial ambitions and separatist tendencies. Through a process of delimitation of Districts it will be possible to recognize ethnic, religious and linguistic identities and concentrations.

(c) Democracy in Sri Lanka is doomed unless urgent steps are taken to depoliticize the key institutions of government and establish Independent Commissions in respect of at least Elections, Public Service and Police Service responsible to Parliament and appointed on the recommendation of the Constitutional Council. The Report of the Citizens Consultation on Free and Fair Elections and Depoliticization of Key Institutions of November 1998 contains the proposals, the rationale and the proposed amendments to the Constitution on this subject.

(d) With regard to the establishment of an Independent National Planning Commission, I have very serious reservations. The processes of privatization, liberalization and globalization now in operation in the world are so vast and rapid that the National Planning Commission will have to update its National Plans at least every 6 months and this is not humanly possible. Moreover, national plans are a thing of the past and even Communist countries; if there are any left; do not rely on them any longer. What we need today is a long term perspective plan containing Environmentally Sound and Sustainable Development Policies, Strategies and Programmes.

Government’s half-hearted approach to war

The government’s approach to the civil war and its carefree attitude to the ever increasing danger facing the civilian population within the entire length and breath of the country is confounding and inexplicable.

The past months have seen intensified peace demonstrations organised by interested parties, local and foreign, and calls for negotiations. The disastrous after effects of previous negotiations with the LTTE are well known and now we see similar effects due to mere calls for negotiations. It is a great tragedy that these peace mongers refuse to see beyond their nose the real situation where the LTTE continues to reiterate its non-negotiable demands. In 1987, an agreement was reached with the full concurrence of Prabhakaran himself but he later went back on it. Such was his deception.

In this backdrop, are these peace mongers hoping for miracles? Could they go further and tell us their idea of what should be yielded? Surely some of them are so close to the LTTE leadership, the three Catholic Bishops, the NGO Peace Council and the Sarvodaya leader. Could they ascertain what Prabhakaran is prepared to accept in relation to what they think can be yielded. The answer would be an eye opener to them unless they expect the army to down arms, surrender and give in to the demands of the LTTE without caring a hoot for the consequences. Considerable harm has been done to the nation by their activities and these dupes of Prabhakaran who connive at and condone his brutality must take more than a share of the responsibility for the LTTE’s brutalities and dishonour and disaster brought on our country.

It is very clear that the LTTE has changed its strategy. Ethnic cleansing of further vulnerable areas and sporadic attacks throughout the country on civilians have intensified. At the turn of a switch the LTTE can turn the hill country (thanks to groundwork by the estate Tamil leadership) into a killing field. The network is in place to target any installation or location in the city of Colombo and to wreak havoc within the city. All this build-up has taken place in spite of strong warnings by certain citizens groups who saw these dangers coming. The right to life has been snatched from us and this will soon be a reality.

The laissez faire attitude of the government is costing lives and other unbearable losses. The state run Sudu Nelum and Thavalama and the peace groups have confused and demoralised the armed forces and have been a counter productive force to the army’s morale and recruitment drives. It has been driven home and proved time and time again that one or two heads even with the best of intentions just cannot decide on a right course for the war. This is placing all our lives at risk. We periodically hear of attempts to reorganise the decision making structure but this never materialises. The view that a 150,000 strong army has failed and is unable to subdue a terror group of 6,000 fighters confined to a very narrow area is preposterous and unbelievable. In this mismanaged situation there is still left to the government two clear options.

One is total surrender to have peace at any cost by withdrawing all forces and evacuating Sinhala and Muslim civilians to safety. Short circuit negotiations will without doubt produce the same result but with more killings and other serious consequences. For a start we will see a State of Eelam established in part of the country. Beyond this only the dreadful finale can be forecast, the linking of the area with the hill country and eventually the unification of the entire country under Prabhakaran. The word Eelam they now say is the whole of Sri Lanka.

The other alternative which we have advocated for a long time is to first defeat Prabhakaran and his LTTE by placing the country on a war footing. This radical change is absolutely essential if the war is to be pursued. It will carry considerably less risks and cost less lives of civilian and military personnel than at present. The change of heart will certainly bring the desired results in a few months. This is also consonant with the tradition and history of this country.

An effective national war council comprising the head of state, the deputy minister of defence, the leader of the opposition, the service commanders, a limited number of retired high ranking military officers of proven competence and integrity and any other useful persons, must be constituted to determine, police, take overall decisions on the conduct of operation and the procurement of military hardware. An intensive recruitment drive with incentives and all other processes that go into a serious war must be activated. Deterrent punishment must be meted to corrupt service personnel. Most importantly, these positive measures will give direction to and restore the lost confidence and sense of patriotism in all ranks of the fighting forces, without which no war can be won.

Vigilance committees must be set up to assist the armed forces in surveillance of their areas. Villages adjoining affected areas must be secured through a crash program to train youth, both men and women, in the use of arms to defend their own villages. The active assistance of retired military personnel must be sought. The recent suggestion by a former national security adviser with experience on this subject merits serious consideration.

The Tamils should also be told that the fight against terrorism and the fascist Prabhakaran is a fight for democracy against terror; that the government cannot allow a racist group to terrorise the Tamils but is committed to ensuring democracy, human rights and a life of honour and dignity to them. The Tamil community must be firmly assured by all political parties that any legitimate grievance will be addressed on ending the conflict. The Tamil leaders must be given the option of falling in line with the above policy or joining the LTTE. Activities of peace mongering organisations including those sponsored by the state must be proscribed and deterrent action taken against such traitorous elements. These persons must be reminded that all fundamental rights are subject to restrictions in the interest of national security.

An intimate dialogue must be established with the international community to win them over to the new approach and to urge them to stop LTTE activities in their countries. Their active support in whatever manner possible must be solicited.

Of these two alternatives the second must surely attract persons of all communities who wish to make an undivided Sri Lanka their home and live in peace and harmony.

We call upon the government and the opposition to agree and immediately implement the second course of action proposed which indeed is the only means which all right thinking people of this country will opt for, and thereby fulfill their common responsibility to save the people of all communities and the country from the grip of the terrorists.

Excerpts from Karthigesu Indrapala’s PhD thesis, University of London 1965
Tamil legends are historical myths

Karthigesu Indrapala was the former Professor of History at the University of Ceylon, Jaffna campus.

Until the ninth century, with the exception of the megalithic remains of Pomparippu and the possible exception of those of Katiraveli, there is no definite evidence regarding any Dravidian settlement in the island. (page 5l)

No definite evidence regarding any significant Tamil settlement in the Batticaloa district of the Eastern Province, which is now a predominantly Tamil area, or in other parts of Southern Ceylon has so far come to light. It is possible that there were some Tamil settlers in the Batticaloa district for, from the thirteenth century onwards, we get archaeological, epigraphic and literary evidence pointing to Tamil settlements in the area. (page 233)

It may be recollected that several writers on the history of Jaffna, basing their studies on the traditional legends found in the late Tamil chronicles, have put forward certain theories claiming the establishment of Tamil settlements in Jaffna in the period of the Anuradhapura rulers. These theories are not accepted by serious students of history as they are not based on trustworthy data. Many of these have been convincingly dismissed by scholars in recent years. It is therefore, not our intention to analyse these theories and take serious notice of writings which at best could be described as popular. (page 266)

Jaffna peninsula does not help us to know anything about the identity of the people who lived there in the pre-Christian centuries. The Pali chronicle informs us that the port of Jambukola (Camputturai), on the eastern coast of the peninsula, was the main port of embarkation to Tamralipti in Eastern India from at least the time of Devanampiya Tissa ( 250-210 B.C.). The two embassies from the island to the court of Asoka embarked on their voyage from Jambukola. Sangamitta arrived with the go-sapling at this port. The Samuddapanna-sala, commemorating the arrival of the Bo sapling, and the Jambukola Vihara were built there by Devanampiya Tissa. These facts only reveal that the northern most part of the island was under the suzerainty of the Anuradhapura king in the third century B.C. and that Buddhism had begun to spread by that time in that part of the island as in the other parts. But it is in the second century AD that we get some evidence regarding the people living there. The language of the gold plate inscription from Vallipuram, the earliest epigraphic record discovered in the Jaffna peninsula, is the early form of Sinhalese, in which inscriptions of the time in other parts of the island were written. This may suggest that the Sinhalese were settled in the Jaffna peninsula, or in some parts at least, in the second century A.D. There were perhaps Tamil traders in the port of Jambukola but there is no evidence that points to Tamil settlements in the peninsula. (page 268)

The gold plate from Vallipuram reveals that there were Buddhists in that part of the peninsula in the second century A.D. At the site of this inscription the foundations of a Buddhist vihara were uncovered. These foundations are in the premises of a modern Visnu temple. There is little doubt that the Visnu temple was the original Buddhist monument converted in to a Vaisnava establishment at a later date when Tamils settled in the area. Such conversion of Buddhist establishments into Saiva and Vaisnava temples seems to have been a common phenomenon in the peninsula after it was settled by Dravidians. In the premises of another Visnu temple at Moolai were discovered some ‘vestiges of ancient remains of walls’ and a broken sedent Buddha image. Again in a Saiva temple at mahiyapitti a Buddha image was found under a stone step in the temple tank. A limestone Buddha image and the remains of an ancient dagaba were unearthed at Nilavarai, in Navakiri. Among the debris were two sculptured fragments of shaped coral stones with a stone railing design. According to D.T. Devendra, who conducted the excavation at this site, the dagaba can be dated at least to the tenth century A.D. Near these ruins are the foundations of an ancient building and in the middle of these is a modern Siva temple. It has been conjectured, and rightly so, that the old foundations are those of the vihara attached to the ancient dagaba. Buddha images have also been discovered in Uduvil, Kantarodai and Jaffna town. Kantarodai has yielded very important Buddhist finds which prove the existence of an important Buddhist establishment in the region in early times. Such artefacts as the glazed tiles and the circular discs discovered here have helped to connect the finds with those of Anuradhapura.

The Sinhala Nampota, dated in its present form to the fourteenth or fifteenth century, preserves the names of some of the places of Buddhist worship in the Jaffna peninsula. Kantarodai is mentioned among these places. The others are Nagakovila (Nakarkovil), Telipola (Tellippalai), Mallagama (Mallakam), Minuvangomu Viharaya (Vimankamam), Tannidivayina(Tana-tivu or Kayts), Nagadivayina (Nakativu or Nayinativu), Puvangudivayina (Punkutu-tivu) and Karadivayina (Karaitivu). Of the Buddhist establishments in these places only the vihara and Dagaba at Nakativu has survived to this day. It is justifiable to assume that the Nampota list dates back to a time when the Buddhist establishments of these places were well known centres of worship. This was probably before the thirteenth century, for after this date the people of the Jaffna peninsula were mainly Saivas. The foregoing evidence points to the inevitable conclusion that in the Anuradhapura period, and possibly till about the twelfth century, there were Buddhists in the Jaffna peninsula. Although it may appear reasonable to presume that these Buddhists were Sinhalese like those in other parts of the island, some have tried to argue that they were Tamils. While it is true that there were Tamil Buddhists in South India and Ceylon before the twelfth century and possibly even later, there is evidence to show that the Buddhists who occupied the Jaffna peninsula in the Anuradhapura period were Sinhalese. We refer to the toponymic evidence which unmistakably points to the presence of Sinhala settlers in the peninsula before Tamils settled there. In an area of only about nine hundred square miles covered by this peninsula, there occur over a thousand Sinhalese place names which have survived in a Tamil garb. (page 270-273)

The Yalppana-vaipava-malai, the Tamil chronicle of Jaffna, confirms this when it states that there were Sinhalese people in Jaffna at the time of the first Tamil colonisation of the area. Secondly, the survival of Sinhalese elements in the local nomenclature indicates a slow and peaceful penetration of Tamils in the area rather than violent occupation. This is in contrast with the evidence of the place names of the North Central Province, where Sinhalese names have been largely replaced by Tamil names. The large percentage of Sinhalese element and the occurrence of Sinhala and Tamil compounds in the place names of Jaffna point to a long survival of the Sinhala population and an intimate intercourse between them and the Tamils. This is also, borne out by the retention of some territorial names, like Valikamam ( Sinh. Valigama) and Maracci (Maracci-rata), which points to the retention of the old territorial divisions and tell strongly against wholesale extermination or displacement of the Sinhalese population. (page 276)

The earliest evidence regarding the presence of Tamils in the Jaffna peninsula is possibly the Tamil inscription of Parakrama Bahu I (1153-1186) from Nainativu. We have seen earlier that till about the ninth century our evidence points to minor settlements of Tamils in such important ports as Mahatittha (Manner) and Gokanna (Trincomalee) as well as in Anuradhapura, where there was a considerable number of mercenary soldiers. In the ninth and tenth centuries some villages in Rajarattha seem to have accommodated Tamil settlers but these were by no means numerous. It seems unlikely that there were many Tamil settlers in the Jaffna peninsula or in any part of the island other than the major ports and the capital city before the tenth century. As we stated earlier, there were perhaps some Tamil traders in the ports of Jambukola and Uratota, in the Jaffna peninsula. But we he evidence on this point. (page 282)

The Sanskrit inscription from Trincomalee, discovered among the ruins of the Konesvaram temple, refers to a personage named Cadaganga who went to Ceylon in 1223. Paranavitana has identified this person with Kulakkottan. The inscription is fragmentary and is engraved on a part of a stone door jamb. Among the decipherable words is the name Gokarna, the ancient name of Trincomalee and the root from which the name of the temple is derived (Gokarnesvara). (page 331)

In the Tamil Vanni districts only a few Dravidian style Saiva temples of the thirteenth century have been found. Among these the temples at Tirukkovil, Kapuralla, and Nallatanni-irakkam and the Saiva remains at Uruttirapuram and Kuruntanur are notable. These certainly indicate the existence of Tamil settlements in those places in the thirteenth century.

But monumental remains of a different type attest to the destruction wrought by the invaders and the conversion of Buddhist institutions into places of Saiva worship, effected by the new settlers, thus confirming the statements in the Sinhala sources. The many scattered ruins of Buddhist monasteries and temples all over the Vanni region preserve the memory of the Sinhalese Buddhist settlements that once covered these parts. Several of the pilimages (image houses) attached to the monasteries in places like Kovilkadu, Malikai, Omantai, Kanakarayan-kulam, Iracentiran-kulam, Cinnappuvaracankulam and Madukanda were converted into Saiva temples, often dedicated to Ganesa. Buddha images or inscribed slabs from the Buddhist structures were used to make the Ganesa statues.(J.P.Lewis, Manual of the Vanni Districts. (pp 297, 303-306, 311) A number of small Saiva shrines have been found in association with Buddhist remains. The destruction of several of the Buddhist edifices and the conversion of pilimages into Saiva temples may have begun at the time of Magha. In the North Central Province, too, we find evidence of such activities. On Minneriya Road, close to Polonnaruwa, were discovered a few Saiva edifices which were built of materials from Buddhist structures. A door jamb from one of the Saiva shrines there was found to bear part of an inscription of Parakramabahu I. A broken pillar shaft with Sinhalese writing of the tenth century was recovered from the enclosing wall of another shrine. In one of the Visnu temples of Polonnaruwa, fragments of Nissankamalla’s stone inscriptions were found. In the same place, two fragments of a broken pillar with Sinhalese writing of about the tenth century served as steps to one of the Vaisnava shrines. A pillar in the mandapa of Siva Devale No.5 at Polonnaruwa was discovered with a Sinhala inscription of the eleventh century on it. In Siva Devale No.7 a square stone asana with an inscription of Nissankamalla was used as a base for a linga. Another of the Saiva shrines unearthed at Polonnaruwa yielded apillar with a Sinhalese inscription of Jayabahu I. These examples leave us in no doubt that materials from Buddhist structures were used in the building of Saiva and Vaisnava temples. The date of most inscriptions found on the pillars and slabs is the twelfth century. The date of the construction of these Saiva and Vaisnava shrines is certainly later than that. (page 361-364)

The invasion of Magha with the help of Kerala and Tamil mercenaries was far more violent than the earlier invasions. Its chief importance lies in the fact that it led to the permanent dislodgement of Sinhalese power from northern Ceylon, the confiscation by Tamils and Keralas of lands and properties belonging to the Sinhalese and the consequent migration of the official class and many of the common people to the south western regions. (page 395-396)

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