The evolution of legislative reform from the British times

By Nihal Seneviratne

The Colebrook and Cameron Commission came to Ceylon in 1833. This marked the commencement of legislative and constitutional development in Ceylon, as we were then, under colonial rule. The Commission, named after its two prominent members Alexander Johnston Colebrook and Charles Cameron played a pivotal role in shaping the legislative and constitutional reforms of Ceylon.

This Commission which was established by the British colonial administration sought to comprehensively study and reform various aspects of Ceylonese society with a primary focus on legal, administrative and economic reform. It was tasked with investigating the existing systems and proposing changes to bring about more efficient governance and development.

One of the key areas of focus was the legal system. As Ceylon then had a complex and fragmented legal framework consisting of traditional customs, Dutch laws and British colonial regulations, the Commission recommended the establishment of a unified legal system based on the English common law which laid the foundation for Ceylon’s modern legal system.

The Commission’s recommendations extended to land tenure and property rights. It proposed reforms to the traditional land tenure system, aiming to provide some security to land owners and encourage interested in agriculture. It further recommended the establishment of English medium schools and laid the groundwork for the introduction of Western education in Ceylon.

The Commission’s work in 1833 marked a significant turning point in Ceylon’s history. Its reforms and recommendations had a profound and lasting impact on Ceylonese society. Its work had been subjected to critique and debate and its influence cannot be denied. It serves as a reminder of the complex dynamics between colonial powers and the societies they governed.

It was over a long period of time that the British granted a conferment of power to the people. They were very conscious of the presence of the Tamil minorities and did everything to protect their interests. making a full study of the prevailing situation when granting their demands.

The two cornerstones of the recommendations were the establishment of an Executive Council and a Legislative Council. The Councils were presided over by the Governor and the Secretary of State for the Colonies. The Executive Council had six members headed by the Governor and the Legislative Council had the members of the Executive Council, and four ex-officio members, viz. the Government Agent of the Western Province, the Surveyor General, the Principal Collector of Customs and the Auditor General. The unofficial members with a tenure of six years, comprised of one each from the Sinhalese, Tamil, Burgher and European communities, and a member each from the planting and mercantile communities.

These were the first Sinhalese and Tamils in the Legisslative Council from 1833-1911.

SINHALESE

J.G.Phillipsz Panditharatne (1833-1843). J.C.Dias (1843-1860), H.Dias (1861-1865), E.H.Dehigama (1865-1875), James Alwis (1875-1878), J.P.Obeysekera (1878-1881),A.L. de Alwis (1881-1888), A.de Alwis Seneviratne (1888-1900) and S.C.Obeysekera (1900-1911).

TAMIL

A.Coomaraswamy Pulle (1835; died in 1836), S.Casie Chetty (1838-1843), S.Edirimanasingham (1845-1848); (1851-1860), Muttu Coomaraswamy (1861-1879), P.Ramanathan (1871-1891), P.Coomaraswamy (1893-1898), Dr W.G.Rockwood (1898-1905) and A.Kanagasabai (1906-1911)

NOTE

E.H.Dehigama was the only Sinhalese representative who had no direct kinship with the Dias Bandaranaike and Obeysekera families.

Coomaraswamy and Ramanathan (brothers) were the nephews of Muttu Coomaraswamy.

In 1889, Kandyans and Muslims found representation in the two Commissions. In 1912, the McCallum reforms were introduced to Ceylon followed up by the Manning reforms in 1922.

The functioning of these two Councils were found ineffective but the British Government was keen to grant more powers to the people. As a result it Government decided to send Lord Donoughmore assisted by Dr Drummond Shields and Francis Butler for further study. They were approved by Sydney Webb who was the Labour Secretary of State for Colonies in 1927. There then took place an effective change from the Legislative and Executive Councils to the State Council.

The first State Council was from 1936 to 1939. The functioning of the State Council was found to be wanting and the Soulbury Commission was sent to Ceylon which decided to grant full independence with the establishment of Parliament.

(The writer is a former Secretary General of Parliament)