Gamini Dissanayake Proposals
1994
Devolution proposals of 1994 Presidential Elections' Candidate Late Mr
Gamini Dissanayake of the United National Party.
Scheme of Devolution
THE CENTRAL GOVERNMENT
The Governor
The Provincial Government
The Chief Minister and the Board of Ministers
The Separation of Powers
Finance
Law and Order
The Judiciary
Language
Land
General Provisions
LISTS
Reserved List
Provincial List
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Devolution proposals of 1994 Presidential Elections' Candidate Late Mr
Gamini Dissanayake of the United National Party.
SCHEME OF DEVOLUTION
(1) The legislature power of the people shall be executed by a
Parliament
consisting of members of the Senate and the House of Representatives, by
Provincial Councils and by the people at a Referendum.
(2) The Executive power of the people shall be exercised by the
President,
the cabinet of Ministers and by the Governors of the Provinces acting on
the
advice of their respective Chief Ministers.
(3) There shall be an independent Central Public Service and Provincial
Public
Services which shall be responsible to the Central Government and
Provincial
Governments respectively.
(4) Judges of the Provincial High Courts shall be appointed by the
Governor in
consultation with the President of the High Court. The new
constitutional
proposals will strengthen devolution and liberal democracy in the
following ways:
(a) There will be a clear-cut division of powers between the centre and
the
provinces. Under the Thirteenth Amendment to the Constitution, the
division
of power is not clear. Several subjects have been placed in the
Concurrent
List, but the method by which the concurrence of the Central Government
and
the Provinces is ascertained has not been clearly spelled out. In effect
this
has resulted in the Central Government wielding power over concurrent
subjects.
(b) There will exist co-ordinate power of the centre and provinces where
powers
devolved to provinces cannot be exercised by the Central Government.
Under the
Thirteenth Amendment to the Constitution, Provincial Councils do not
exercise
complete authority over subjects assigned to them.
(c) Powers conferred will not be able to be reduced or withdrawn without
the
consent of the provinces. Under the Thirteenth Amendment, Provincial
Councils can
be abolished, or their powers curtailed by Parliament acting
unilaterally.
(d) The excessive powers presently vested in the Executive Presidency
will be
curtailed. Under the Thirteenth Amendment to the Constitution, the
powers of
the Executive President has been enhanced by virtue of the powers he
exercises
through the Governor of the Province.
(e) Since this proposed package of devolution entails division of powers
and
the introduction of checks and balances, other institutional reforms
will have
to be introduced in a new constitution. These include a comprehensive
package
of checks and balances which include a bi-cameral national legislature,
judicial
review of legislation and the recognition of the supremacy of the
constitution.
THE CENTRAL GOVERNMENT
(I) The Governor
(1) There shall be a Governor appointed by the President of the Republic
for
each province. The President of the Republic shall appoint a Governor
with the
concurrence of the Chief Minister. The term of the office of Governor
shall be
five years.
(2) The Governor of the provinces may vacate his office by,
(a) resigning or
(b) by a two thirds majority of the Provincial Council passing a vote of
no-confidence.
(3) The governor shall not hold any other office or place of profit.
(4) The Governor shall appoint the Member of the Provincial Council who
commands the majority in the Council as the Chief Minister, who in turn
will form a Provincial Government.
(5) The Governor will appoint a person eligible to be a Judge of the
High
Court to be the Provincial Attorney General.
(6) The Governor may summon, dissolve and prorogue the Provincial
Council in
consultation with the Chief Minister.
(7) In the absence of the Governor, the President of the High Court of
the
Province shall assume his duties.
(II) The Provincial Council
(1) The Provincial Council will consist of as many members as may be
determined
by the delimitation laws.
(2) The term of office of the Provincial Council shall be five years.
(3) The Provincial Council shall elect a Chairperson, and a Deputy
Chairperson
to oversee the affairs of the Council.
(III) The Chief Minister and the Board of Ministers
(1) Executive power in the province shall be vested in the Board of
Ministers.
(2) The Board of Ministers shall be appointed by the Governor from among
the
Members of the Provincial Council on the recommendation of the Chief
Minister.
(3) The Board of Ministers and the Chief Minister will be collectively
answerable to the Provincial Council.
(IV) The Separation of Powers
(1) Ever province may take statutes applicable to the province with
respect to
any subject set out in the 'Provincial List.' From the commencement of
the
new constitutional arrangements Parliament shall not enact legislation
on
subjects on the Provincial List.
(2) The Provincial Council cannot exercise authority over the subjects
set out
in the 'Reserved List.'
(3) If conflicts arise with respect to the division of power between the
Central
Government and the Provinces, the matter shall be referred to the
Devolution
Commission which shall resolve such conflict. If the Devolution
Commission
is unable to do so, the matter shall be referred to the Supreme Court
for
adjudication.
(4) The Devolution Commission shall be responsible for all matters which
require
consultation and coordination between the Central government and the
Province.
(5) The Devolution Commission shall consist of then (10) senators, five
(5) of
whom shall be Senators elected from Provinces.
(V) Finance
(1) A constitutionally guaranteed amount of financial including a sum of
foreign exchange will be transferred by the Central Government from the
Consolidated Fund to the funds of the Provincial Governments. This
amount
may be calculated as a percentage of the GNP of the Annual Budget. In
addition, financial resources will accrue to Provincial Governments from
grants, taxes, financial institutions and foreign aid.
(2) A Finance Commission shall allocate the funds referred to in (1)
above as
a block grant to each Province taking account of the needs of and
disparities between the provinces.
The Finance Commission shall consist of:
a) The Finance Minister
b) The Finance Ministers of the Province
c) The Minister of Trade
d) The Minister of Agriculture
e) Two (2) other Cabinet Ministers nominated by the President
f) The Governor, Central Bank
g) The Chairperson - Foreign Investment Advisory Committee
h) Two (2) persons nominated by the President from among the
academic community and the private sector distinguished in
the areas of banking and/or finance
i) A Member of Parliament nominated by the Prime Minister
j) A Member of Parliament nominated by the Leader of Opposition
k) A Senator nominated by the Leader of the Senate
l) A Senator nominated by the Leader of the Opposition in the Senate
(3) The detailed expenditure of the block grant to each province shall
be
determined by its Provincial Government and Parliament.
(4) Provincial Governments shall have the authority to establish
financial
institutions and to negotiate foreign assistance in consultation with
the
Central Government.
(VI) Law and Order
(1) A Provincial Police Force shall be constituted in each province. The
Provincial Police Force shall be headed by an officer of the rank DIG
and
appointed by the Governor on the recommendation of the IGP. The DIG
shall
be responsible to and under the control of the Chief Minister. Training
of the Provincial Police Force shall be the responsibility of the
Central
Police Force.
(2) The appointed transfer, dismissal and disciplinary control of police
officers shall be the responsibility of the Provincial Government acting
in consultation with IGP.
(3) All police officers serving in the provinces, unless otherwise
specified,
shall function under the direction and control of the DIG of the
province.
(4) Unless approved by the Provincial Police Force, the Central Police
may only
investigate offenses against the State and offenses relating to
elections,
in the territory of the Provincial Police Force. In all instances,
officers
of the Central Police Force shall function under the ultimate direction
and
control of the Central Police Force.
(5) A State of Emergency in a province must be declared by the Governor
of the
province and approved by two thirds majority of the Provincial Council
of
the province. Individual liberty may not be circumscribed by a
Provincial
State of Emergency so as to violate international norms of human rights.
(VII) The Judiciary
(1) There shall be a High Court for each province. The Governor of the
province
in consultation with the President of the High Court of each province
shall
nominate Judges of the High Court
(2) The High Court shall exercise appellate, revisionary and writ
jurisdiction
within the province.
(3) Appeals from decisions of the High Court shall be taken up in the
Court of
Appeal. The Supreme Court shall be the highest court of Sri Lanka and
shall
exercise constitutional jurisdiction.
(VIII) Language
(1) Sinhala, Tamil and English shall be the official languages and
shall have equal status for all purposes.
(IX) Land
(1) Land shall be vested in the State.
(2) There shall be a Land Commission which shall allocate land to the
Central
Government for Central Government purposes. All remaining land may be
allocated by the Provincial Councils.
(3) The Land Commission shall consist of an equal number of persons
nominated
by the Minister in charge of the subject of Lands and the Provincial
Councils
respectively. Each Provincial Council shall have at least one nominee on
the Land Commission.
GENERAL PROVISIONS
(1) The Armed Forces of the country including the police forces, Central
as well
as Provincial shall be enlisted to reflect the multi-cultural and plural
nature of Sri Lanka and its provinces.
(2) Priority in colonization schemes shall be given to persons first of
the
district and then of the province.
(3) Territorial units of devolution pertaining to the North-East shall
be
determined by negotiation with representative political forces of the
North-East.
LISTS
(I) RESERVED LIST
1. Defence, The Army, Navy and the Air Force
2. Foreign Affairs
3. National Police Force and its Functions
4. Diplomatic and Consular Affairs
5. United Nations
6. Immigration and Emigration
7. Atomic Energy
8. Posts and Telecommunication
9. Economic and Financial Affairs
10. Stock Exchange
11. Elections
12. Central Government Broadcasting and Television
13. National Census and Statistics
14. Trade Marks and Patents
15. Anti-Monopoly Regulations
16. Drugs and Narcotics
17. Central Income Tax
18. National Archives
19. National Universities
20. Inter-Provincial Irrigation
21. National Rivers
22. Territorial Waters
23. Airports, Ports and Harbours which deal with international
transportation
24. Higher Judiciary
25. National Transport, Railway
26. Central Bank Currency, Foreign Exchange
27. Archaeological Sites
28. Mines and Minerals
29. Regulation and development of Oil Fields and Mineral Resources with
the concurrence of the relevant Provincial Council
30. National Public Service
31. Natural Disaster Relief and Rehabilitation
32. Protection of the Environment
33. Ownership of private property
(II) PROVINCIAL LIST
1. Provincial Planning and Finance
2. Provincial Highways
3. Broadcasting and Television
4. Tourism
5. Surveying
6. Provincial Police Force
7. Provincial Public Service Commission
8. Provincial Judicial Service Commission
9. State land, with reservations for the Central Government
10. Education and Higher Education
11. Relief and Rehabilitation
12. Transport, Roads and Waterways
13. Minor Ports and Harbours
14. Industries, Industrial Research and Development
15. Animal Husbandry
16. Forestry and Agriculture
17. Protection of the Environment
18. Irrigation
19. Energy
20. Urban Planning
21. Labour Regulation
22. Social Security
