Colony

Many constitutional reforms were granted to the people of Sri Lanka, until in 1948 a full democratic parliament was established in terms of the recommendations of the Soulbury Commission. Sri Lanka and a bicameral Legislature of two chambers the Senate and the House of Representatives. This Constitution received the approval of the British Parliament by the Ceylon (Constitution) Order in Council of May 1946.

The Constitution was accepted by the then government of D. S. Senanayake who became the first prime minister. Ceylon in terms of the constitution had a parliamentary executive composed of a cabinet, the chief of which was the prime minister. The ministers were in a position directly to provide the initiative and guidance in law making so largely and effectively provided in the British parliament by its cabinet. As time went on it was found that the senate had not fulfilled the purpose for which it was intended by the constitution and it was abolished. Thereafter, Sri Lanka had a unicameral legislature of one chamber, the House of Representatives.

The 1972 constitution replaced the constitution that had continued to be effective since the country was granted Dominion Status on 4th February 1948. By the constitution Sri Lanka became a republic within the commity of nations called the Commonwealth. This constitution retained the British parliamentary system.

The 1978 constitution decided to forsake the Anglo-Saxon model for the American and the French presidential system. The executive of Sri Lanka consists of the president of the republic and the cabinet of ministers. The president of the Republic of Sri Lanka is non parliamentary. The cabinet is appointed from members of parliament. The president is the (1) Head of State (2) Head of the executive and the government (3) Commander in Chief of the armed forces.

The president although non-parliamentary is responsible to parliament for the due exercise performance and discharge of his powers, duties and functions under the constitution and any written law, including the law for the time being relating to public security.

The cabinet of ministers charge with the direction and control of the government is collectively responsible and answerable to parliament. However, it is the president's policy that prevails and has to be carried out by all the ministers. This according to critics of the 1978 constitution leads to a one man show.

Constitutions

Nearing 50 years of independence Sri Lanka had three constitutions and is getting ready to embark on the fourth constitution of the People's Alliance government. All previous constitutions maintained that Sri Lanka is a unitary state. Unitarianism, Dicey said, is the habitual exercise of Supreme legislative authority by one central power as opposed to federalism which involves the division of governmental powers within a country between the central authority and number of states. Provinces, cantons or regions. Britain, France, Germany and Italy are unitary states. The U.S.A., Canada, Australia and Switzerland are federal states.

The objectionable chapter of the proposed People's Alliance (PA) draft Constitution is chapter XV on devolution of legislative powers between the centre and the regions. There are two lists, one called the reserved list containing subjects and functions that shall be exercised by the central government and the other called the regional list containing subjects and functions devolved to regional councils. This is federalism.

All patriotic people will realise that Sri Lanka should preserve its unitary nature and devolution can be within a unitary state. People should not agree to any process that will lead to the division and dismemberment of this small island country, in federal countries, the states, provinces, cantons or regions are twice or three times or more than the size of Sri Lanka.

The draft constutution of the PA states that the territory of Sri Lanka shall consist of regions the boundaries redemarcated on a communal basis. This will lead to foster and encourage communalism. All former constitutions considered all people of Sri Lanka as citizens of Sri Lanka irrespective of ethic origin, to live without borders of separation and thereby safeguarded the unity of the country. This provision of the draft constitution is derogatory to Chapter V which states there shall be one status of citizenship known as the status of a citizen of Sri Lanka.

North East Provinces

The following important subjects are devolved to the regions
(1) International borrowing
(2) The management and promotion of foreign direct investment, international grants and development assistance to the region.
(3) Regional Public Service, Regional Public Service Commission.
(4) State land and its alienation.
(5) Broadcasting and media including television.
(6) Regional Police, Regional Police Commission and law and order
(7) Administration of Justice, Regional Judicial Service Commission
(8) Acquisition of Private Land.

The devolution of these subjects is an unnecessary duplication of work for a small country like Sri Lanka and ultimately the devolution will result in a revolution. The remedy prescribed by the draft constitution of the PA is far worse than the disease.

A welcome or redeeming feature of the draft constitution is the abolition of the executive presidency which is long overdue and the reintroduction of a parliamentary executive composed of a cabinet, the chief of which is the prime minister. There is a constitutional or nominal head the President who has to act on the advise of the prime minister. All these provisions can be incorporated into the 1978 constitution and an amended 1978 constitution can be adopted.

It is said by authorities on constitutional law that the whole problem of organisation of a government is normally simplified when the decision is made to establish a unitary government. It is also said a unitary state is, other things being equal, stronger than a federal one. It is evident that the PA draft constitution is made to placate a communal minded minority.

The draft constitution is against the concept advocated by the PA government, one people one country.

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