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Chandrika's 'Devolution' Proposals:1995/2001 > Text of Sri Lanka Proposal, 3
August 1995
Chandrika's 'Devolution Proposals'
Text
of Sri Lanka Proposal for Devolution
- released by President Chandrika Kumaratunga
on 3 August 1995
PREAMBLE
These proposals seek to redefine the constitutional foundation of a plural
society within a united and sovereign Republic of Sri Lanka based on the
following principles.
- a) promoting a vision of Sri Lanka where all communities can live in
safety an security and their human dignity is valued and equality of
treatment is an accepted norm of public life;
- b) ensuring that all communities be given the space to express their
distinct identity and promote that identity including the right to enjoy
their own culture, profess and practice their own religion, and nurture and
promote their own language including the right to transact business with the
State in the national language of their choice;
- c) ensuring that all persons may fully and effectively exercise all their
human rights and fundamental freedoms without any distinctions and in full
equality before the law.
- d) giving recognition to Sinhala and Tamil as official languages and
recognizing English as a link language;
- e) providing an effective constitutional framework for the sharing of
power with the regions based on an internationally consistent and coherent
value system. There would be clarity and consistency in the distribution of
power between the center and the regions and the scheme would be one which
is capable of effective implementation and include structures for the just
and equitable resolution of center region disputes;
- f) ensuring that all communities participate fully in the life of the
nation whether it be at the national, regional or local level, thereby
encouraging the regions and the communities which inhabit them to become
constructive partners in a stable and pluralistic democracy.
I. STRUCTURE OF DEVOLUTION
- 1.1 Unit of Devolution
- A regional council will be established for every province identified by a
new schedule to the Constitution. One of the regions would be constituted by
redemarcating the existing boundaries of the present North-East Province in
full consultation with a view to reconciling Sinhala, Tamil and Muslim
interests.
- 1.2 Regional Councils
- A Regional Council will consist of such number of members as may be
determined by law. A Regional Council unless sooner dissolved, continue for
a period of five years. There will be a Speaker and a Deputy Speaker for
each Council.
- 1.2.1 Legislative power in the region will be vested in the Regional
Council. Every region may make laws applicable to the region with respect to
any subject set out in the regional list. The Regional Council will have no
jurisdiction over the Reserved List.
- 1.3 Governor
- There will be a Governor for each region for which a Regional Council has
been established, appointed by the President with the concurrence of the
Chief Minister of the Region.
- 1.3.1 The Governor will vacate his office upon:
- (a) resignation;
- (b) a two-thirds majority of the Regional Council passing a vote of no
confidence;
- (c) removal by the President.
- 1.3.2 The Governor may summon, dissolve and prorogue the Regional Council
on the advice of the Chief Minister.
- 1.4 Chief Minister and the Board of Ministers
- The Governor will call upon the person who commands the confidence of the
majority in the Regional Council to form the Regional administration.
- 1.4.1 The Chief Minister cannot be removed from office so long as he
enjoys the confidence of the regional council.
- 1.4.2 Executive power in the Region will be vested in the Board of
Ministers who will be appointed by the Governor on the advice of the Chief
Minister. The Board of Ministers and the Chief Minister will be collectively
responsible to the Regional Council.
- 1.5 Capital Territory
- The territory comprising the cities of Colombo and Sri Jayawardenapura
Kotte will be excluded from the jurisdiction of the Regional Council
constituted for the Western Region and will be administered directly by the
center, in such manner as the center may think fit.
II. FINANCE
2.1 There will be a National Finance Commission entrusted with allocating
grants to the region, keeping in mind the objectives of balanced regional
development.
2.2 Regional Councils will have the powers of taxation in certain specified
areas, and the Constitution will require other revenue sharing arrangements.
2.3 Regional Councils will have the power to borrow as well as to set up
their own financial institutions. International borrowing above a prescribed
limit will require the concurrence of the center.
2.4 Regional Councils may regulate and promote foreign direct investment,
international grants, and development assistance, subject to such conditions as
may be specified by the center.
III. LAW AND ORDER
- 3.1 There will be a regional police service headed by a Regional Police
Commissioner appointed by the Chief Minister, in consultation with the
Governor of the Region. The Regional Police Commissioner will be responsible
to, and function under the control of, the relevant Chief Minister. The
Regional police service will investigate all offenses against persons and
property.
- 3.2 There will be a national police service responsible for investigating
offences against the States, threats to national security, offences related
to elections, inter-province crimes and international crimes. The national
police service will be headed by the National Police Commissioner and will
be responsible for the Central Government.
- 3.3 The recruitment, transfers within the region, dismissal and
disciplinary control of members of the regional police service will be the
responsibility of the Regional Police Commission.
- 3.4 There will be a National Police Commission, the functions of which
will include the transfer of Police Officers from one region to another in
consultation with the Regional Police Commission.
- 3.5 The National Police Commission and the Regional Police Commission will
both be appointed by the Constitutional Council. In the case of appointment
of the Regional Police Commission, the Constitutional Council will act in
consultation with the Chief Minister of the Region in question.
IV. LAND AND LAND SETTLEMENT
- 4.1 Land will be a devolved subject and State land within a region will be
vested in the Regional Councils. State land within a region required for the
purposes of the center in respect of a reserved subject may be utilized by
the center in consultation with the relevant Regional Council in accordance
with such procedures as may be established by law.
- 4.2 Priority in future land settlement schemes will be given to persons
first of the district and then of the Region.
V. EDUCATION
- 5.1 Education and Higher Education will be devolved subjects included in
the regional list.
- 5.2 Certain specified schools and universities may be declared "National"
institutions administered by the center.
- 5.3 The recruitment, transfer and disciplinary control of teachers other
than those in National Schools will be the responsibility of the Regional
Council.
- 5.4 Training of teachers will be the responsibility of both the center and
Regional Councils depending on w whether such teachers are to be recruited
to the National or Regional Councils.
- 5.5 Curriculum development in regional schools will be the responsibility
of the Regional Councils. Minimum standards will be set by the center.
- 5.6 There will be a National Education Commission composed of
representatives of the center and the regions entrusted with the following
functions:
- a. identifying "national" schools and universities in consultation with
regional Chief Ministers and stipulating criteria for admission into these
national schools and universities.
- b. setting minimum standards with regard to training, examination,
curriculum, and employment of teachers
VI. ADMINISTRATION OF JUSTICE
- 6.1 There will be a High Court in every region. The High Court will
exercise criminal, appellate and writ jurisdiction within the region.
- 6.2 The Regional Judicial Service Commission, which will be appointed by
the Constitutional Council in consultation with the Chief Minister of the
region will consist of the Chief Judge of the High Court and the two High
Court Judges next in seniority.
- 6.3 Regional Judicial Service Commission will be responsible for the
appointment of Regional High Court Judges and minor judiciary within the
region. The Regional Judicial Service Commission will consult with the
National Judicial Service Commission with regard to the transfer of judges.
- 6.4 The Governor will appoint a Regional Attorney-General who will advise
the Governor on the Constitutionality of laws passed by the Regional
Council. If a law is seen to be unconstitutional, the Regional
Attorney-General after consultation with the Governor will institute action
before the Supreme Court or any other tribunal specially set up to resolve
disputes between the center and the region.
VII. PUBLIC SERVICE
- 7.1 There will be a Regional Public Service Commission (appointed by the
Constitutional Council in consultation with the relevant Chief Minister)
responsible for the recruitment, disciplinary control and dismissal of all
persons employed by or seconded to, the Regional Councils.
- 7.2 The Regional Public Service Commission will consult with the National
Public Service Commission, (also appointed by the Constitutional Council) in
effecting the transfer of all such persons outside the Region.
VIII. COMMISSION ON DEVOLUTION
- 8.1 There will be a Permanent Commission on Devolution appointed by the
Constitutional Council to resolve disputes between the center and a region
or disputes among the regions. The Commission will have powers of mediation
as well as adjudication.
IX. FRAME WORK RELATING TO DEVOLUTION
- 9.1 The Constitution will provide:
- a. that the Republic of Sri Lanka shall be united and sovereign. It shall
be a union of Regions.
- b. that the territory of Republic will consist of regions, the names of
which are set out in the first schedule. and its territorial waters,
- c. that the legislative power of the People will be exercised by the
Parliament, Regional Councils, and the People at a Referendum to the extent
hereinafter provided: and
- d. that the executive power of the people will be exercised by the
President of the Republic acting on the advice of the Prime Minister and the
Cabinet of Ministers and the Governors acting on the advice of the
respective Chief Ministers and Regional Boards of the Ministers to the
extent hereinafter provided.
- 9.2 Article 76 of the existing Constitution will be deleted.
X. SUBSTANCE OF DEVOLUTION 10.1 Regional Councils will exercise
exclusive legislative and executive competence within the devolved sphere. The
subjects and functions will be distributed between the center and the regions as
set out in the appendix.
APPENDIX
- LISTS
-
- A. THE REGIONAL LIST
- Health and indigenous medicine
- Education and Educational Services, excluding national schools and
national universities and the setting of minimum standards for training,
examination, curriculum and teacher qualifications
- Agriculture and agrarian services,
- Irrigation within a region
- Animal husbandry
- Fisheries
- Forestry and protection of the environment within a Region
- Industries and industrial development
- Energy
- Transport
- Minor ports and harbours
- Roads and waterways
- Housing and construction
- Urban planning
- Rural development
- Local Government
- Co-operatives
- Supply and distribution of food within the Region
- Promotion of tourism
- The regulation of cultural activity within a region, including public
performances
- Broadcasting and media, including television
- Relief, rehabilitation and reconstruction
- Social security
- State land and its alienation or disposal (state land within a Region
required for the purposes of the Centre in respect of a reserved subject
may be utilized by the Centre in consultation with the relevant regional
Council and in accordancewith such procedures as may be established by
law).
- Regional police and law and order
- Administration of Borstal and reformatory institutions
- Regional public service
- Sports
- Regulation of unincorporated associations and societies within the
Region.
- Regional debt
- Domestic and international borrowing (international borrowings above a
specified limit would require the concurrence of the centre).
- The regulation and promotion of foreign(gn direct investment,
international grants and developmental assistance to the Region.
- Regional financial and credit institutions
- Excise duties to be specified
- Turnover taxes on wholesale or retail sales to the extent to be
specified.
- Betting taxes, taxes on prize competitions and lotteries other than
National Lotteries
- Motor vehicle license fees
- Stamp duties on transfer of properties, such as land and motor cars
- Fines imposed by courts
- Court fees, including stamp fees on documents produced in courts.
- Land revenue, including the assessment and collection of revenues, and
maintenance of land records for revenue purposes.
- Taxes on mineral rights
- Offences against laws with respect to any of the matters specified in
the list
- Taxes on mineral rights
- Fines in respect of the matters in the Regional List
- Planning at the regional level.
- B. RESERVED LIST (CENTRAL GOVERNMENT LIST)
- Defence, national security, national police, and the security forces
- Immigration, Emigration and Citizenship
- Foreign Affairs
- National Census and Statistics
- National Planning
- Currency and Foreign Exchange, international economic relations and
monetary policy
- Public Debt of the Government of Sri Lanka
- Foreign loans of the Government of Sri Lanka
- Regulation of banking and other financial institutions
- Insurance
- Stock Exchange and futures markets
- Audit of the Government of Sri Lanka
- Taxes on income capital and wealth of individuals companies and
corporations
- Custom duties including import and export duties, and excise duties
(excluding such excise duties as may be devolved on the regions)
- Turnover taxes and stamp duties , goods and services taxes (excluding
those taxes and duties devolved on the regions)
- Pensions payable by the Government of Sri Lanka or out of consolidated
fund.
- Atomic Energy
- Maintenance and management of the National Grid
- Minerals and mines (regulation and development of oil fields and
mineral resources, petroleum and petroleum products)
- National Rivers
- Airports, harbours and ports with international transportation
- Inter-regional transport and railways
- Civil aviation
- Inter-regional highways
- Shipping and navigation; Maritime Zones including historical waters
and territorial waters (Exclusive Economic Zone and Continental Shelf)
- Elections (excluding elections to Local Authorities)
- Posts and telecommunications
- National Public Service and the National Public Service Commission
- National Health Administration (inclusive of existing special purpose
hospitals and teaching hospitals affiliated to national Universities;
Training, education and research relating to Health; development of
National Health standards; administration of all special programmes)
- Drugs, poisons and narcotics
- Administration of justice
- National Universities
- National standards with regard to professions, occupation and training
- National standards relating to research, development and training in
the area of agriculture.
- Inter-regional irrigation schemes
- Fishing beyond the territorial waters
- Management of central policy and research institutions in the field of
education eg. National Institute of Education; Management and
supervision of national schools, conduct of national public
certification examinations; imposition of minimum standards for
training, curriculum and teacher qualifications
- Adoption of children
- National Industrial Research & Training
- Regulation of activities for the enhancement of quality standards
- Foreign trade, inter-regional trade and commerce
- Patents, inventions, designs, copyright, trademarks and merchandise
marks
- Monopolies and mergers
- Inter-regional food distribution
- National media including Central Government Broadcasting and
Television Institutions
- National Archives and Museums, and archaeological sites declared by
law to be of national importance
- National Environment and National Policy on Tourism
- Specialized National Housing Programmes
- Specialised National Poverty Alleviation Programmes
- Youth and Women's Affairs
- Buddhism
- Development of National sports administration and infrastructure
- Intervention in instances of National (natural and environmental)
disaster and epidemics
- Labour regulation and standards
- Surveys for the purpose of any matters enumerated in the Reserved List
- Offences against Laws with respect to any of the matters in the list
- Fees in respect of any of the matters in the list but not including
fees taken in any Court
- Public utility infrastructure development
