On 14 December 1984, the Sri Lanka President
set forth specific proposals to the All Party Conference. These proposals
were in the form of Draft Legislation: the Tenth Amendment to the Sri
Lanka Constitution, the District and Provincial Councils Bill, and the Local
Authorities Bill. A Statement of the objects and reasons of the proposed
legislation was presented by the All Party Conference Secretariat, BMICH,
Bauddhaloka Mawatha, Colombo 7 dated 114 December 11984:
A Statement of the Objects and Reasons
of the Proposed Legislation
The proposed new Chapter XVIIA of the Constitution provides
for the establishment of a District Council for every administrative district
in the Island. The period of office of members of a District Council will be
co-terminous with the life of Parliament and a dissolution of Parliament will
operate as a dissolution of the District Council. The President has the power
to dissolve a District Council when the limits of the administrative district
for which it is established are altered by sub-division or amalgamation, in
which case another District Council will be established for the new
administrative district. By entrenching the establishment of the District
Councils in the Constitution, it is proposed to integrate them into the
national system of government and also to ensure that the main institutional
framework is not changed by a simple majority in Parliament.
The new District and Provincial Councils Bill provides for
the membership of the District Councils. Every District Council will consist
of the Members of Parliament of the administrative district and a certain
number of elected members. The number of elected menberss for each
administrative district being determined by the President having regard to
population. geography and other factors. The elected members of a District
Council will be elected on the basis of proportional representation. The first
and second names on the list submitted by the party securing the highest
number of votes at the District Council elections will be elected Chairman and
Vice Chairman respectively of the District Council. Appropriate amendments
will be made to the Local Authorities Elections Ordinance to enable this.
As in the case of the existing Development Councils, every
District Council will have an Executive Committee presided over by the
District Minister. The Executive Committee will formulate plans for approval
by the District Council. The District Councils will exercise its powers in
relation to the subjects specified in the 1st Schedule to the District
Councils Act. At present Development Councils have both development and local
government functions. The District Councils will confine themselves to
development functions but will exercise their powers covering a much wider
range of subjects. The local government functions now exercised by Development
Councils will in future he exercised by the Pradeshiya Sabhas.
Every District Council will have power to make ordinances
in respect of matters set out in the 1st Schedule to the District and
Provincial Councils Act. These ordinances will be subject to judicial and
political control. Judicial control will be exercised by the Councils namely
on the ground of ultra vires. Political control will be exercised by the
President who has a power of disallowance over ordinance. It is envisaged
that this power will be exercised on the ground of inconsistency with national
policy. Parliament is precluded from conferring power on District Councils to
make ordinances with respect to any subject specified in the Eighth Schedule.
Chapter XVIIA of the Constitution also provides for the
constitution of Inter-District authorities to be called Provincial Councils
for two or more administrative districts in a province. A Provincial Council
will be constituted if the District Council established for these
administrative districts resolve to do so and their decision is approved by a
majority of the registered voters in each of these administrative districts.
Each of the constituent District Councils must resolve to delegate the same
powers to the Provincial Council. Unless there is agreement among the Councils
as to the powers to be delegated, the Provincial Council will not come into
being.
The membership of the Provincial Council will consist of
the members of the constituent District Councils. The Council will be presided
over by the Chief Minister. Provincial Councils will function in the same
manner as District Councils, with the Chief Minister playing the role that the
Executive Committee plays in relation to a District Council. He will act as
the channel through which executive power will be delegated to the Provincial
Council.
The new Article 45A of the Constitution provides for the
appointment of a Chief Minister of a Provincial Council. He will be the person
who in the opinion of the President, is likely to command the confidence of
the members of the Council. The Chief Minister will be a member of the Second
Chamber which is to be called a Council of State. A Provincial Council will
enjoy only those powers that are delegated to it by the constituent District
Councils. These powers once delegated cannot be revoked. A Provincial Council
will not exercise any powers additional to those exercised by District
Councils. The exercise of those powers will however be over a larger area,
that is, over the administrative districts for which the Provincial Council is
constituted.
The District and Provincial Councils Act provides for the
apportionment of the assets and liabilities on the withdrawal of a District
Council from a Provincial Council. A Provincial Council can make ordinances in
the same way as a District Council, and subject to the same limitations.
The new Chapter XIIA of the Constitution provides for the
establishment of a second chamber called the Council of State.
The Council will comprise of 75 members composed as follows
(1) The Chairman and Vice Chairman of every District
Council - 50 members
(ii) There will also be 18 members, two members appointed
from each province from amongst members of those communities which arc not
represented or inadequately represented in the District Councils established
within that province. There will also be 7 members appointed by the
President.
The term of Office of the Council of State will be co-terminous
with the life of Parliament and a dissolution of Parliament will operate as a
dissolution of the Council. The members of the Council of State will not be
members of Parliament, but will enjoy the same rights, privileges and
immunities as a Member of Parliament. In addition to its other functions, the
Council of State is intended to serve as a reservoir for the selection of
Ministers.
The Council of State will have the powers to recommend to
Parliament, the passing of a law on any subject, and may, for this purpose,
present a draft Bill to Parliament. The Council of State can also communicate
its opinion to Parliament on the following categories of Bills:
(a) A Bill which has been determined by the Supreme Court
to affect any fundamental rights guaranteed by the Constitution ; and
(b) A Bill which in its opinion, imposes disabilities on
any community not imposed on any other communities or confers privileges on
any community not conferred on other communities.
Parliament will not be bound by the opinion of the Council
of State but it is envisaged that Parliament will give consideration to the
opinion of the Council of State before passing the Bill. The Council of State
will also have powers in relation to private bills moved in Parliament.
Evidence taken in the Council of State for such a Bill can be acted upon by
Parliament.
The Council of State also has the power to recommend to
Parliament the withdrawal of a Bill which in its opinion, affects any
fundamental right or language right guaranteed by the Constitution, or in the
regional interests or national unity and integrity and which is not an urgent
Bill within the meaning of the Constitution. The Council of State may also
suggest amendments to any such Bill.
If Parliament accepts the recommendation for withdrawal or
any suggested amendments, the Minister proposing the Bill will withdraw the
Bill or move the suggested amendments at the Committee Stage of the Bill. If
Parliament does not accept the amendments suggested by the Council, the
Speaker will refer the amendment to a Committee of Parliament or to a Joint
Committee of Parliament and the Council of State. The passing of the Bill will
be postponed until the Committee has reported to Parliament.
The Council of State will set up three permanent Committees -
A Committee to inquire into inter-district or inter-provincial matters
A Committee of National Unity
A Committee of Social and Economic Affairs.
A Committee to inquire into Inter-District or
Inter-Provincial matters will be presided over by the President and will
inquire into, and advise on such matters. A Committee of National Unity will
inquire into, and report on, petitions alleging discriminatory treatment by
the Executive against any citizen on the ground of race, religion. language,
caste or sex. The Social and Economic Affairs Committee will examine social
and economic problems affecting one or more administrative districts and has
the power to make recommendations with a view to co-ordinating policy and
action with respect to those problems. The Council of State will also have
power to set up committees for the purposes referred to in Article 84U.
In the exercise of power the Council of State will have the
right to invite a Minister or Deputy Minister to explain to it, the
implications of a Bill placed on the Order Paper or Parliament or the position
of the Government on any matter falling within the purview of a subject or
function assigned to that Minister.
The President, Prime Minister, a Minister of the Cabinet of Ministers or
any Deputy Minister shall by virtue of his Office have the right to attend and
address the Council. In the exercise of this right they will be entitled to
all the privileges, immunities and powers other than the right to vote.
