Thimpu Talks - July/August 1985

An Outline of the Structure of the Sub-National Units
of a Participatory System of Government
- Proposal Presented by Sri Lanka Delegation
- 16 August 1985

Rationale

1. The object of the present proposals for devolution is to ensure a greater sharing of power by all the people, and their maximum participation in identifying their needs and problems, and in deciding upon matters vitally affecting their interests. While enabling people at the local level to plan and to implement their solutions for problems, the proposed devolution seeks to maintain the political and economic unity of the nation, in the interests of the prosperity and good government of all parts of Sri Lanka.

Scheme

2. Apart from the Central Government, the units for the exercise of governmental power within the framework of the Constitution will be -

(a) The Provincial Council (in each province)

(b) The District Council (in each District)

(c) The Pradesheeya Sabha with representation at the village level (in each AGA Division).

The present Provincial boundaries will constitute the limits of the area of authority of the Provincial Council.

The present District boundaries will constitute the limits of the area of authority of the District Council.

In this scheme, the Provincial Councils and the District Councils will be established by an amendment to the Constitution and the powers to be developed on them will be prescribed by an Act of Parliament. Pradesheeya Sabhas will be established by an Act of Parliament.

Provincial Councils

Executive Power

3(a) The President shall appoint as Chief Executive of a Provincial Council one of the members who appears to the President to have the most support in the Council. The Chief Executive will be entitled to choose his Executive Council from among the members of the Provincial Council.

3(b) If the member so appointed Chief executive is a Member of Parliament, the President shall appoint him as Chief Minister of the Provincial Council, and assign executive powers to him.

3(c) If that member is not a Member of Parliament, he will not be appointed a Minister, but will enjoy as nearly as practicable, the rights, privileges and perquisites of a Minister, and will exercise delegated executive power.

3(d) There are two alternatives as to the powers of a Member of the Executive Council - either

(i) such member will not have any executive power, and will assist the Chief Executive; or

(ii) such member will, on the recommendation of the Chief executive, be delegated executive powers by the President.

3(e) To overcome difficulties regarding the assignment of executive powers to persons who are not Members of Parliament, the possibility of establishing a Council of State (as an advisory body to, and as part of, Parliament) needs to be considered. The functions of the Council of State have been set out in the draft Tenth Amendment to the Constitution, Articles 84R-84V.

3(f) The powers that may be assigned or delegated to the Chief executive (and the members of the Executive Council) will be specified in the Statute.

4 Legislative Power

The Provincial Council will have power to make Ordinances (which will be in the nature of subordinate legislation) on specified subjects, which will be operative within the Province. The President will have the right to require reconsideration of such Ordinances and to disapprove of such Ordinances.

Devolution of Power

5(a) The powers that will be exclusively reserved for the Central Government have been specified last July.

5(b) The powers to be devolved on a Provincial Council (through the Chief Executive) will be specified in the Statute.

5(c) Powers not specifically devolved will remain in the Central Government.

District Councils

Executive Powers

6(a) The President shall appoint as Chief Executive of District Council one of the members who appears to the President to have most support in the Council, and such Chief Executive will exercise all Executive powers delegated to him.

6(b) If the member so appointed Chief executive is a Member of Parliament, the President shall appoint him as District Minister of the District Council, and assign executive powers to him.

6(c) If that member is not a Member of Parliament, he will not be appointed a Minister, but will enjoy as nearly as practicable, the rights, privileges and perquisites of a Minister, and will exercise delegated executive power.

6(d) The powers that may be assigned or delegated to the Chief executive will be specified in the Statute.

Legislative Power

7 The District Council will have power to make Ordinances (which will be the nature of subordinate legislation) on specified subjects, which will be operative within the District. The President will have the right to require reconsideration of such Ordinances and to disapprove of such Ordinances.

Devolution of Powers

8(a) The powers that will be exclusively reserved for the Central Government have been specified last July.

8(b) The powers to be devolved on a District Council (through the Chief Executive) will be specified in the Statute.

8(c) Powers not specifically devolved will remain in the Central Government.

9 Elections

Elections will be held in respect of each Administrative District in a Province on the proportional representation system with a view to the constitution of a Provincial Council or a District Council. The number of members to be elected will be determined according to the population and area of the District.

Decision to function as provincial Council or District Council

10(a) In any Province in which at present all the District Councils are functioning, a Provincial Council shall be constituted if the members of two-thirds of the District Councils in the province decide by resolution passed by a simple majority to function as a Provincial Council.

(Where there are two District Councils in a Province, a Provincial Council shall be constituted only if both District Councils so resolve).

If no such decision is made, the District Councils shall continue to function.

10(b) When a Provincial Council is so constituted, the District Councils of that Province shall not function except for the purpose of exercising any powers and functions delegated to them by the Provincial Council.

10(c) In any Province in which at present some or all of the District Councils are not functioning, a Provincial Council shall be constituted if the members elected (as set out in para 9 above) of two-thirds of the Districts of that province decide by resolution, passed by a simple majority within a specified period after such election, to function as a Provincial Council.

If no such decision is made, a District Council shall be constituted for each District.

Membership of Provincial Councils and District Councils

11(a) The members of a Provincial Council shall be the members elected from the Districts of that province (as set out in para 9), and the Members of Parliament from that province.

11(b) The members of a District Council shall be the members elected from that District (as set out in para 9) and the Members of Parliament from that District.

Subsequent Reconsideration

12(a) Where a Provincial Council is functioning, one-third of the number of District Councils within that Province may decide by resolution to withdraw from such Provincial Council and function only as a District Council.

12(b) Likewise two or more contiguous District Councils in a province may decide by resolution to be constituted as a Provincial Council in a Province.

12(c) A District Council of a Province may at any time by resolution passed by a simple majority decide to join the provincial Council of that Province.