|
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. |
