{"id":53761,"date":"2016-04-10T15:09:02","date_gmt":"2016-04-10T22:09:02","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=53761"},"modified":"2016-04-10T15:09:02","modified_gmt":"2016-04-10T22:09:02","slug":"why-is-there-proposals-for-a-federal-solution-when-both-sri-lanka-india-already-have-quasi-federal-constitutions","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2016\/04\/10\/why-is-there-proposals-for-a-federal-solution-when-both-sri-lanka-india-already-have-quasi-federal-constitutions\/","title":{"rendered":"Why is there proposals for a federal solution when both Sri Lanka &#038; India already have Quasi-Federal Constitutions? \u00a0\u00a0\u00a0"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em><strong>Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n<p>Why is the TNA &amp; similar thinking others propagating demands for Sri Lanka\u2019s new constitution to be federal when they are well aware that it is federal? All the features of the Indian constitution is very much embedded in our present constitution after the signing of the 13<sup>th<\/sup> amendment and introduction of the provincial council system. What we need to be alert about is that TNA &amp; similar thinking others including India harbour other bigger plans. TNA which does not even utilize the budget allocation given to develop the North is not bothered about the welfare of Tamils. Their aim is separatism as clearly established in their election manifestos. India has been historically aiming at annexing Sri Lanka. ITAK constitution is being challenged in court for confederacy aims (another word to separate and create a new state). With all these realities it is baffling why Sri Lanka\u2019s policy makers are ignorantly walking into traps.<\/p>\n<p><strong>What is a federal government?<\/strong><\/p>\n<p>A federal state has 2 governments. You have the federal or central government and provincial or unit governments. Powers are distributed except for subjects that have common interest which is in the charge of the central government (foreign affairs, defence, currency &amp; coinage, etc) One constitution prevails for both Central and Provincial Governments. All laws created by the provinces are subordinate laws and valid within the authority conferred by the constitution. If they go beyond limits the centre can deem it a violation.<\/p>\n<p><strong>What exactly is a quasi-federal government or system?<\/strong><\/p>\n<p>Instead of individual governments of separate states, a quasi-federal government has a central government and a union of states.<\/p>\n<p><strong>What is a unitary state?<\/strong><\/p>\n<p>All powers are vested in one central government. Local governments exist but operate on instructions of central government. These local governments are only administrative units and their powers are derived on the wishes of the central government which has the power to change the features. France, Japan, China, Italy and Britain are unitary states.<\/p>\n<p><strong>Federal aspects of India\u2019s constitution<\/strong><\/p>\n<ul>\n<li><strong>Dual system of government<\/strong> with a union government (federal) and state governments. Distribution of powers.<\/li>\n<li><strong>Constitution is Supreme<\/strong> \u2013 Central Government &amp; State Governments derive powers from one constitution. There is one Supreme Court to interpret the Constitution. Supreme Court can decide where an act by the Central Government or State Governments violates the constitution or not and declare that act a violation.<\/li>\n<\/ul>\n<p><strong>Unitary aspect of Indian constitution:<\/strong><\/p>\n<ul>\n<li>Single citizenship<\/li>\n<li>Single judicial system. Highest court is the Supreme Court.<\/li>\n<li>Powers under Union Government<\/li>\n<li>Limitations on autonomy to State Governments<\/li>\n<li>The Union Parliament can reorganize States \/ alter boundaries by a simple majority vote even without consent of legislature of that state.<\/li>\n<li>During a national emergency, union government can take over decisions of subjects under state list and control them the state\u2019s executive powers)<\/li>\n<li>Union law will prevail over State law in any conflict.<\/li>\n<li>The President appoints state governors.<\/li>\n<li>State governments do not have separate constitutions of their own \u2013 their powers are derived from the Constitution of India.<\/li>\n<li>No state has independence source of income and are dependent on Centre for administration, finance and policy.<\/li>\n<li>Single administrative system \u2013 entire administrative system is one India police and administrative is controlled by the Centre.<\/li>\n<li>Single election commission for supervising and conducting general elections.<\/li>\n<li>Article 3 &amp; 4 empowers the Union Government to form new states and alter boundaries and names of existing states.<\/li>\n<\/ul>\n<p>The Indian constitution has distributed powers into 3 lists<\/p>\n<ul>\n<li>Union List \u2013 97 powers (gives<\/li>\n<li>State List \u2013 66 powers<\/li>\n<li>Concurrent List \u2013 47 powers<\/li>\n<\/ul>\n<p>All these features are seen in Sri Lanka\u2019s current constitution.<\/p>\n<p>Note: the use of \u2018federation\u2019 or \u2018confederation\u2019 is not used in the Indian constitution.<\/p>\n<p>On paper the federal or unitary aspects aspired often ends up not delivering. The fact that Telagana state was created from Andhra Pradesh is a good example of what Sri Lanka should not agree to on whatever grounds that racist elements linked to terror are now promoting using the language factor to emotionally win over the ethnic Tamils. You give into one state the others will make similar demands. Lesson here is precedents that would create trouble should not be created. This factor needs to be taken head on and nullified before the language factor reaches out to be relevant to cover Tamil Nadu as well. This will seal the end of the sovereign status of Sri Lanka.<\/p>\n<p>Let us take the example of another quasi federal government &#8211; Canada<\/p>\n<p>Quebec wanted to cede from Canada in the 1960s. Others too showed similar sentiments. The Supreme Court gave a very clear verdict especially in regard to self-determination which is very relevant for the TNA promoting a similar case.<\/p>\n<p>Canada has been quasi-federal between 1867 and 1896 under Macdonalds leadership with decisions made by Ottawa and not the provinces. Canada became federal between 1896 and 1914 and provinces given more power. Canada\u2019s constitution deviates from federal principles. The Centre holds residuary powers unlike in USA and Australia. The Centre also legislates over State subjects in an emergency. Canada\u2019s parliament can also veto provincial legislation. Provincial governors and judges are also appointed by the Centre just like India and Sri Lanka.<\/p>\n<p>If we already have a federal constitution what are we wasting time on?<\/p>\n<p>If under the 13<sup>th<\/sup> amendment and the provincial council system all powers listed to be devolved have been devolved to all the provinces (except land and police powers) what is the TNA complaining about.<\/p>\n<p>Why does TNA want land and police powers when it has not proved it can run the province effectively attending to the 36 subjects devolved to the provinces?<\/p>\n<p>Why is the TNA continuously insisting on land and police powers when it has enough of devolved powers to care for the people living in the North?<\/p>\n<p>Statistics will reveal that in the years 2013, 2014, 2015 TNA has not utilized the budget it requested from the Centre to develop the North while the Centre used funds from its allocation to attend to development work in the North. A perfect example of TNA fooling the entire world with stories (no action talk only)<\/p>\n<p>The Parliament now converted to a Constitutional Assembly cannot be ignorant to these facts. They cannot be foolish enough to accept foreign drafted proposals that sheepishly aim to corner Sri Lanka\u2019s sovereignty and promote separatism as they did to Kosovo. We all know the sad state of affairs for the people of Kosovo today. They are independent in word only. They lead miserable lives but US &amp; NATO have established a base in Kosovo and the drug lords are using Kosovo as a transit point for illegal narcotic trade. LTTE is also a world leader in narcotic smuggling, human smuggling and many other notorious crimes which continue still unabated.<\/p>\n<p>TNA has never looked after the Tamil people and it is good if the Tamil people themselves wake up to this fact. The new constitution should not create more problems than we can presently handle. The present government has shown its inability to lead in many fronts and creating a catastrophic constitution should not add to its already failed list of achievements. When we know that TNA &amp; associated others have aims and objectives to separate and India aspires to annex Sri Lanka, we would be foolish if we do not include strict constitutional safeguards to protect the sovereignty of Sri Lanka and ensure that no break up of the country happens or is allowed to happen under any provision in the new constitution. This is what needs to take precedence over all matters. No bogus liberty and freedom slogans should be allowed to break up a small island nation into pieces just because it is beneficial to the agendas of external parties and players.<\/p>\n<p><strong>Shenali D Waduge<\/strong><\/p>\n<p><strong><a href=\"http:\/\/hanumant.com\/NatureofConstitution.html\">http:\/\/hanumant.com\/NatureofConstitution.html<\/a> <\/strong><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Shenali D Waduge Why is the TNA &amp; similar thinking others propagating demands for Sri Lanka\u2019s new constitution to be federal when they are well aware that it is federal? All the features of the Indian constitution is very much embedded in our present constitution after the signing of the 13th amendment and introduction of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-53761","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/53761","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=53761"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/53761\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=53761"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=53761"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=53761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}