Constitution making in Sri Lanka

We had constitutions since 1931 when Sri Lanka (then Ceylon) was a colony of the British. What we have to see now is whether the constitutions enacted thereafter have been beneficial to the country and its people or were they enacted to enhance the powers of the leaders. The British Government established the Donoughmore Constitution in 1931, giving us adult franchise without gender bias, the first country to win this in Asia. The British gave us this constitution on behalf of the country and its people. This was indeed a significant milestone in our history of governance. With the establishment of the State Council, and all ethnic communities getting together as a nation, the leaders were able to work together for the development of the country for the benefit of the people.

The second constitution came in 1947 was the Soulbury Constitution drafted by Sir Ivor Jennings, who later became the first Vice-Chancellor of the University of Ceylon. This constitution gave us the Houses of Parliament – the House of Representatives and the Senate which was the upper House. In the House of Representatives there were positions to which unelected persons of eminence could be nominated. These positions as well as the majority of places in the Senate were given to supporters of the ruling parties so that the original intentions the those who drafted the constitution were violated as is usual in Sri Lanka.

The next constitution was in 1972, replacing the Dominion status of Sri Lanka and establishing a Socialist Democratic Republic with a ceremonial President replacing the Governor-General. The name of the country was also changed from Ceylon to Sri Lanka. But it was during this time that a worst change was brought in – that of replacing the members of the then very competent Ceylon Civil Service (CCS) with outsiders as Secretaries of Ministries.

The government also replaced the CCS with the Sri Lanka Administrative Service (SLAS). This change helped the government to bring in persons from outside to positions of Ministry Secretaries, with persons such as Prof. HA de S Gunasekera and Doric de Souza being brought in because of their political alignments.

The significant aspect as far as these constitutions were concerned, was that they did not affect the people adversely. The Government that came into power in 1970 (with the world’s first woman Prime Minister), which enacted the 1972 constitution did away with the Senate which really helped the country to save a fair amount of otherwise unnecessary expenditure. That government brought in people from outside to positions in the Administrative Service. Some were very competent persons, sometimes more competent than many of the officers from the SLAS!

With a change of government in 1977 which brought in the UNP with a large majority, its leader JR Jayewardene, decided to introduce a constitution similar to those of France and the United States. But unlike in those countries, his constitution of 1978 was drafted to enable him to retain absolute power as the Executive President. He made use of the provisions of the constitution to hold a referendum to get the term of Parliament extended.

The next President did not abuse the power vested in the position except to antagonize many persons including some of his cabinet colleagues.

At the presidential elections that followed, the candidates promised to abolish the Executive Presidency, but when elected they did not keep to their promise perhaps out of greed to enjoy the powers and privileges of the presidency. In fact, one of them referred to the constitution as the Bahubutha constitution, but still retained it enjoying its powers and privileges.

Thereafter there were no new constitutions but only amendments to the existing one. The Presidents were only concerned about their powers and privileges and drafted amendments to suit themselves. The worst of these was the abolition of the two-term limit with a desire to hold office for life and install a dynastic succession like a king, but without a throne! Fortunately, at the next presidential election he was defeated.

The government that succeeded his presidency reduced the powers of the Executive President and in a very shrewd move vested most of its powers on the Prime Minister. This amendment also debarred dual citizens from running for election. This was to keep two brothers holding dual citizenship out of the hustings. However, when they came into power they did away with this proviso and reintroduced this provision and restored the powers of the Executive President.

This was done with the passing of the 20th amendment. The 22nd Amendment restored almost all the provisions in the 19th Amendment by rescinding the 20th Amendment. All these amendments have not been of any benefit to the majority of the people of Sri Lanka who have been suffering and trying to make ends meet.  Clearly constitutions have been made and amendments passed in Sri Lanka to suit individuals rather than the country or the people. We hope at least the next president and the government will ensure that a constitution is promulgated benefiting the people with the people’s blessings.

HM NISSANKA WARAKAULLE