Features
In defence of Provincial Councils
By Dr. Nrmala Chandrahasan
The Provincial Councils, like the windmills in Cervante’s Don Quixote, are having brickbats thrown at, and cantankerous knights tilting at them. In this piece I would like to answer some of the criticisms made against the Provincial Councils. But before I do so I note that the Prime Minister has announced that the Provincial Council elections will be held once the ground situation is ready for it. This welcome statement puts paid to all the critics, it being generally acknowledged that the Prime Minister as an experienced and consummate politician would know the political climate in the country and act accordingly.
One of the frequent criticisms is that the Provincial Councils were imposed upon the Sri Lankan polity by the Government of India. To recapitulate the sequence of events, following upon the July 1983 pogrom (riots) against the Tamil citizens of the Country and the outbreak of civil unrest in Sri Lanka, the then Prime minister of India, Shrimathi Indhira Gandhi sent an envoy as part of a diplomatic initiative to find ways of bringing the country back to normalcy. A process of negotiations was begun between the Governments of India and Sri Lanka with India playing the role of an interlocutor bringing the Tamil parties and the Government of Sri Lanka to the negotiating table, in order to solve the ongoing insurgency by Tamil militants and the ethnic problem in the island through Constitutional proposals. The outcome of these negotiations were the India –Sri Lanka: Agreement to Establish Peace and Normalcy in Sri Lanka, i. e. the Indo-Sri Lanka Peace Accord in July 1987, and the drawing up of the 13th Amendment to the Constitution and the Provincial Councils Act no: 42 of November 1987. By virtue of these two Acts Provincial Councils were set up. The opponents of the Provincial Councils argue that it is not a homegrown institution but one imposed by a foreign power. In this connection I would refer the readers to a very informative and well-researched article by Professor Gamini Keerawella in The Island newspaper of 16th September 2020 titled “Genealogy of Concept and Genesis of 13th Amendment”, in which he traces the genesis of Provincial Councils from the Donoughmore Commission Recommendations in 1931 ,through the Regional Councils of the Bandaranaike –Chelvanayakam pact 1956 , the Dudley Senanayake –Chelvanayakam agreement, and even the promised but not forthcoming Devolution proposals made by the Sirimavo Bandaranaike Government before the 1974 bye-elections in Kankesanthurai. This proves that the matter of devolution and provincial councils has been on the political anvil in this country for a long time and is not a foreign imposition but a home grown one.
In fact the 13th Amendment came out of extensive discussions between the J. R .Jayewardene government and the TULF the Tamil party led by Mr. Amithalingam, in July- August 1986. Secretary to the discussion was Felix Dias Abeysinghe retired Commissioner of Elections. The indo-Sri Lanka treaty was signed one year later in July 1987. The 13th Amendment and the Provincial Councils Act were passed in November 1987. One might say that the leverage for the passing of the 13th Amendment was the Treaty between India and Sri Lanka which provided for devolution. In the negotiations the TULF negotiating team were no match for the astute Mr. Jayewardene who outmanoeuvred them. It was only subsequently that they came to realise that the Bills as framed were below their expectations and they distanced themselves from the whole exercise. Mr Amirthalingam in a letter to Shri Rajiv Gandhi in October 1987, set out his disappointment with the two Bills, saying that contrary to the belief that the Chapter pertaining to Provincial Councils would confer on the Provinces a measure of credible autonomy,the present Bills enabled Parliament and the Central Executive to continue to exercise its authority even in respect of those powers conferred on the Province . In my view the problem lay with the Provincial Councils Act which negates many of the powers given under the 13th Amendment. This could have been, and can still be remedied by a few amendments to the Provincial Councils Act. I will return to this later.
Although the Provincial Councils and the devolution proposals were meant for the North East which were the Tamil speaking part of the country and intended to settle the ongoing armed conflict, the Jayewardene government extended the Provincial Council system to all the provinces of the country. Hence the present Provincial Council system is based not on any specific regional or ethnic criteria but is directed to all the people of the country and seeks to empower the people in their own localities be it in Jaffna or Matara. This system allows for decisions pertaining to the Provinces to be taken closer to the local people and communities and not only by politicians and bureaucrats in Colombo, i. e. the ‘Colombites’ to use a phrase coined by Gomin Dayasri. In hindsight this was a good move as it made it an all island system. Thus, we might say that the Indian intervention brought something that was beneficial to the country and to all the communities. However, foreign intervention may not always bring good results. A lesson to be learnt from this episode is that when you do not keep your house in order and there is dissension and disaffection, the neighbours and not so near neighbours will certainly want to look in, seeking to interfere and usually it is for their own benefit. If at the behest of a few people, i. e. ultranationalists and authoritarian oriented elements, we start to upset the existing political system and cause the minority communities to feel insecure and agitated it can once again lead to a situation where third parties intervene. The best policy is to keep the ship afloat, particularly in the context of the grim economic situation without destabilising the political structure by abolishing the Provincial Councils, as is being suggested in some quarters.
Another criticism made is that the province is not the appropriate unit of devolution. As a counter to this I would refer to the Majority Report of the Experts Committee appointed by President Mahinda Rajapaksa in 2006 to advise on the constitutional changes, and of which i was myself a member. I cite from the Report as follows, “Unit of Devolution. The group held extensive discussions on the various options and the different aspects of the options. We are of the view that a unit of devolution should as far as practicable consist of geographically contiguous territory, be conducive to balanced regional development and be designed to enhance administrative efficiency. Differences in endowments are to be expected among units. In this context, the group is of the view that the appropriate Unit of Devolution would be the Province”. I might mention that there were no members of any political party in the Experts panel which included lawyers, academics and experienced members of the judicial and administrative services and the discussions were based on factual and spatial considerations.
Another criticism made is that the Provincial Councils are like white elephants and have not been effective in delivering any services to the people while the State incurs additional expenses in keeping them running. This criticism has some substance to it and the reasons for its inability to deliver have to be examined while comparing it to similar bodies in other countries. In the United Kingdom which is a Unitary state similar powers have been devolved on the different ethnic regional units, i. e. Scotland, Wales and Northern Ireland, (which is the Province of Ulster). All these units have their own legislative assemblies, and in the case of Scotland a Parliament while at the same time they are represented in the Parliament in West Minster. In India too which has a quasi-federal Constitution the States have a Governor and Legislative Assemblies exercising powers not very different from those set out in the 13th Amendment. In all the above instances devolution has worked efficiently and the regional/ provincial units have been able to work efficiently and deliver the required services to the people. So we have to see why Provincial Councils in Lanka have not worked so well.
To begin with in order to work efficiently adequate financial funding is required. Under the provisions of the Provincial Councils Act the Governor of the Province is given a controlling power over the finances of the province. The Provincial Council cannot pass any Statue imposing or abolishing any taxes without the consent of the Governor. Governors have not been cooperative in this regard. Hence the Councils have to depend largely on Central grants. The report of the Parliamentary Sub – Committee on Centre –Periphery Relations, November 2016, points out that in addition to the limited tax raising power vested in the Provinces are the limitations placed on obtaining loans and investments, and on seeking or at least administering projects financed by foreign aid and investments. The Committee concluded that “the corrosive effect of inadequate or unprincipled financing arrangements is that they impair Provincial and local service delivery, leading to an erosion of confidence in what are constitutionally established democratic institutions”.
The Provincial Councils Act gives the Governor control of the Provincial Public service and the provincial Public Service Commission. These are powers which even the President does not exercise over the National Public service. In Provinces where the ruling party at the Centre is also the party in control of a Provincial Council, Governors have been less assertive of their prerogatives and the Chief Ministers have been better able to operate efficiently. However, the Provincial Councils of the North and the East have had less leeway. In India on the other hand the Governors of the States act like constitutional heads and do not take over executive functions.
Another area which needs re-organization is the administrative service in the Province. The Majority Report of the Experts Committee 2006, recommended that for devolution of power to be effective it should be devoid of duality and hence there should be a restructuring of the administration in the Provincial. Another matter of concern is that of the allocation of subjects. Although the 13th Amendment sets out the allocation of subjects between the Province and the Centre in two lists and a third concurrent list, there are overlapping powers and the Provincial area of competence has come to be circumscribed. In order to function efficiently there has to be clarity in the allocation of subjects and this too is a matter which has to be looked into. I have outlined the shortcomings of the Provincial Council system which have impeded their efficient functioning. Most of these stem from the Provincial Councils Act . This Act can be amended by a simple majority in Parliament. The administrative changes and restructuring of the administrative services in the Province can be done by gazette notifications by the President as provided for in the 13th Amendment itself. This will not need any major constitutional changes.
Despite its shortcomings and the restrictions and encroachments by the Central Government, the Provincial Council system has taken root in the Country. It provides for people to enter into and engage in political activity at the Provincial level. Persons who have gained experience of political issues at the local level can thereafter gravitate to the national level. The minorities Tamil and Muslim are able to feel that they have some say in the management of their own affairs and within their localities. This is a safety valve which is necessary in any multi- ethnic state, as we see in the United Kingdom (UK) where the ethnic Scots, Welsh and Northern Irish have devolution of powers in respect of their local areas. Without attempting to do away with the Provincial Council System it should be implemented in full while making the necessary changes through amendments and administrative action, so as to make them more efficient in the delivery of services to the people in their localities.
Provincial Councils have been part of the Sri Lankan Constitution for over 30 years. It is time the bureaucrats in Colombo and the government ministers stopped viewing them with suspicion or antipathy, and saw them as supportive institutions in the governance of the country, making for a more efficient administration and a more democratic form of governance for the whole country. The Tamil parties could, by working towards meaningful devolution and further empowered systems of Provincial Councils and Local Authorities, become engaged in a process that is in the national interest while promoting the aspirations and interests of the Tamil speaking people. It is to be hoped that the Provincial Council elections will be held early in the coming year and the continuity of the existing political system maintained.
Features
Donald Trump’s second tenure and the US’ ‘democratic health’
It ought to be an hour of soul-searching for those sections of the US electorate that voted Donald Trump to the position of US President for the second time. Primarily, does it sit easy on their consciences that their President-elect has a past criminal record?
Are they comfortable with the fact that he tried to wreck their country’s democratic process by seeking to overturn the presidential electoral verdict that brought Joe Biden to the pinnacle of governance in ‘the world’s mightiest democracy’ in 2020?
These are merely two of the most basic questions that Trump supporters need to ideally address. The US is far from being the proverbial ‘beacon of light’ for the rest of the world in quite a few respects but from the viewpoint of democratic development the US has thus far been considered foremost.
It follows that what the US does with its democracy, given this reputation, has an impact on the rest of the democratic world. Bad examples ‘from the top’ at whatever level or sphere tend to have a strong ‘copycat’ effect. That’s the troubling prospect for the admirers of the US in general and for Trump supporters in particular.
It was in Donald Trump’s narrow interests to get back to power. For some time at least it would ensure a spell of relative security for himself from the numerous lawsuits which were brought against him and their troubling legal consequences. It would also enable him to continue with his financial empire-building and ensure the seeming consolidation of what has come to be labelled as the ‘free enterprise system’ in the US. But what’s in Trump’s comeback for his supporters? Particularly those supporters who tried to savage the presidential election result of 2020? How do they stand to gain from their electoral decision?
Right now, if these rank-and-file Trump supporters believe that their personal lot would be any better under Trump, they are in for a huge disappointment. The fact is that inflation and related economic hardships would not only continue to plague them but would worsen in the future since Trump has announced no-holds-barred trade wars between the US and the foremost of economic powers, such as China.
For that matter how could any economy hope to be in one piece by having troubled economic links with China, the world’s second most vibrant economy and the world’s number one exporter of goods and services? Right now, there is no country that is not dependent to some degree on Chinese goods. Apparently, Trump supporters have bitten off more than they could chew by depending on some kind of ‘Trump magic’ to deliver them from their economic woes.
Besides, are die-hard Trump supporters expecting the US to be the number one world power indefinitely? Right now, the US is the foremost power alright but this position is not going unchallenged. There is of course China to consider. There is also the fact that India is fast catching up on both these powers. It wouldn’t be too long before India would prove no easy ‘push-over’ for the rest of the world’s foremost powers.
India’s current achievements in science and technology speak for themselves. Besides, India is the US’ topmost trading partner. China has been elbowed out of contention in this respect. For example, it is reported that India’s bilateral trade with the US would ‘cross the $ 200 billion mark in 2024 from $ 195 billion in 2023.’ Accordingly, international economic realities are increasing in complexity.
It would be foolish on the part of any section to think in simplistic terms on these questions. It would smack of naivety, for instance, to see the US’ seeming economic supremacy going indefinitely unchallenged. As matters stand, international economics would primarily drive international politics.
Considering even only the foregoing it seems that considerable sections of Trump supporters thought naively when they voted Trump back to power. Apparently, they fell for Trump’s rhetorical claims of the kind that the US would be made ‘number one’ in the world once again. Apparently, rationality was not their strong point.
But these supporters could not be judged harshly. An economically battered people easily fall for election platform rhetoric. This has time again been proved even in Small Sri Lanka; once described as South Asia’s ‘five star’ democracy.
Even on the foreign relations front, there are complex realities that the average US voter needs to ponder over. The Middle East is where a Trump administration’s foreign policy sagacity would be tested most. In that ‘powder keg’ region a ceasefire between Israel and Hamas is believed to be taking shape, but much give-and-take between the warring sides is called for.
Getting the hostages back is compulsory for both sides but there needs to be a guarantee that there would be no reversion to bloodshed and contention once this is done. Right now, it is open to question whether the incoming Trump administration could provide this ironclad guarantee.
To begin with, Trump would need to get tough with the Netanyahu regime and the political right supporting it. Since the Trump administration is itself backed by the extreme political right on the domestic front and is hand-in-glove with religious fundamentalist opinion in the US, it is doubtful whether Trump could deliver a durable peace in the Middle East.
It ought to be equally thought-provoking for the impartial commentator that considerable sections of Trump supporters apparently allowed themselves to be carried away by his racist slogans. Illegal migration is a major issue in US politics and there need to be legal ways to manage the crisis, but a successful democracy stands or falls by the way it treats its minority communities.
Considering the foregoing what one could gather is that the majority of Trump supporters were egged-on by emotion rather than reason when they opted to vote for him. It ought to have been clear to them that there are no quick-fixes for the ‘foreigner presence’ in their midst.
For instance, they ought to have seen that to act heavy-handedly towards ‘foreigners’ was tantamount to vitiating the values of tolerance and fair treatment which are central to the democratic ethos, which hitherto have been considered a defining essence of US governance.
However, Trump appealed to the gut emotions of his hardline supporters when he claimed, for instance, that the US public needed to protect their pets from migrants. The implication was that the latter were indiscreet flesh eaters. Such claims would have undoubtedly turned credulous sections in the US against migrants and compelled them to see in Trump a savior of sorts. Thus, Trump’s incendiary rhetoric translated into votes.
However, the upshot of these developments and more was that the democratic system in the US was exposed as vulnerable to rabble-rousing presidential contenders. The democratic vibrancy or ‘health’ of US governance has thus come into question. It’s an issue the US polity needs to address urgently.
Features
Myth of Free Education: A global perspective for Sri Lanka
By Professor Ajith DeSilva
LDESILVA@westga.edu
The concept of “Free Education” has long been a cornerstone of Sri Lankan identity, championed as a remarkable achievement of Dr. C.W.W. Kannangara’s visionary reforms in the mid-20th century. However, in today’s globalised world, it is essential to critically examine what “Free Education” truly means—and whether Sri Lanka’s system is as unique as it is often portrayed.
Free Education in Schools:
A Global Norm
Kannangara’s efforts to make education accessible to all Sri Lankan children in the 1940s were groundbreaking for their time. By establishing free primary (grades 1 – 5) and secondary education (grades 6 – 12), Sri Lanka provided a pathway for countless children from underprivileged communities to escape the cycle of poverty. But today, this framework is no longer an exception to the rule; it has become a universal standard.
The United Nations’ Declaration of Human Rights (Article 26) recognises free and compulsory education as a fundamental right for all children. As of now, nearly every country in the world provides free Kindergarten – 12th grade (K-12) education. Nations like Finland, Japan, and Germany offer universally free primary and secondary education, while others, like the United States and Canada, provide public education without direct cost to families. This means Sri Lanka’s primary and secondary “free education” model, while commendable, is no longer a unique phenomenon. Rather, it is part of a broader global movement that aligns with UN norms.
University Education: Merit-Based Scholarships, Not Truly Free
The discussion becomes more complex when we examine university education. Sri Lanka takes pride in offering free university education, but this term is misleading. What Sri Lanka truly offers is a merit-based scholarship system, accessible only to a limited number of high-achieving students from GCE A/L. While the state bears the cost for these students, it is important to recognise that this is not “Free Education” in its purest sense, but a selective programe benefiting a small proportion of the population.
In the early 1980s, less than 5% of eligible students in Sri Lanka gained admission to government universities. Today, while this has risen to around 15%, the majority still lack access and are forced to seek costly alternatives, such as private universities or foreign institutions. Even for those admitted to state universities, a rigid ranking system often denies them the freedom to choose their preferred discipline or institution. This highlights that Sri Lanka’s “free” higher education system is neither financially accessible for most students nor supportive of academic freedom.
From a global perspective, we observe that in Germany, public universities provide free or low-cost education to both domestic and international students. However, admission is often tied to academic performance, with certain programmes, particularly in high-demand fields like medicine, governed by strict quotas.
In the United States, fewer than 5% of students receive fully government-funded merit-based scholarships, while approximately 15 – 20% benefit from partial funding. Eligibility for these scholarships and grants is determined by various factors, including academic performance, athletic abilities, financial need, and specific criteria like household income relative to the poverty line. Since the U.S. education system is largely state-driven, each state provides its own grant and scholarship programes based on need, merit, or career-focused incentives, such as those for teaching, military service, or nursing.
Countries such as Denmark, Norway, Sweden, and Finland, celebrated for their free higher education systems, may, however, rely on selective university admissions. As a result, tuition-free education is predominantly available to top-performing students, with universities imposing competitive entry requirements to control demand.
Other countries similarly offer free or highly subsidised education that is tied to merit and financial need, demonstrating that Sri Lanka is not unique in providing access to higher education without direct tuition costs. However, Sri Lanka’s claim to offer “free” education is debatable, as its system limits access and academic freedom while ignoring the financial burden of alternative pathways for most students.
The Need for a Paradigm Shift
Sri Lanka’s merit-based system has undoubtedly provided opportunities for many bright and deserving students. However, it raises two critical questions: (1) Are we doing enough to expand access to higher education for all Sri Lankans? and (2) Should we continue to cling to the rhetoric of “Free Education,” or should we acknowledge the reality of a selective scholarship model?
Countries like India and China have introduced hybrid systems that combine merit-based scholarships with income-based financial aid, ensuring that students from lower-income families are not left behind. In Sri Lanka, there is room to explore similar policies, where government support is extended not just to a select few but also to those who may lack top-tier academic scores yet demonstrate significant potential and need.
Moreover, as the demand for higher education grows, Sri Lanka must address the challenges of funding and infrastructure. Expanding university capacity, fostering partnerships with private institutions, and encouraging vocational and technical education are vital steps toward creating a more inclusive and sustainable system.
Conclusion: Moving Beyond the Myth
While Sri Lanka can be proud of its educational legacy, it is time to shed the myth of “Free Education” as an exceptional Sri Lankan achievement. In today’s world, free primary and secondary education is a global norm, and Sri Lanka’s university system functions more like a merit-based scholarship programme than a universally accessible model.
By recognising these realities, we can shift the national conversation toward improving access, equity, and quality across all levels of education. The true measure of an education system is not how much it is subsidised, but how effectively it empowers every citizen to reach their full potential. Sri Lanka’s future depends on moving beyond the rhetoric of “Free Education” and embracing a vision that includes all. Admittedly, opposition to fee-based education has hindered the implementation of proposals aimed at expanding higher education opportunities to a larger portion of our student population.
Features
Depressing scene in LA
Sri Lankans marked themselves as ‘safe’
While the whole world is in shock by the disaster that has struck the celebrity neighbourhoods, near Malibu, I’m told a similar-sized blaze, in Eaton Canyon, North of Los Angeles, has ravaged Altadena, a racially and economically diverse community.
Black and Latino families have lived in Altadena for generations and the suburb is also popular with younger artistes and engineers working at the nearby NASA rocket lab who were attracted by the small-town vibe and access to nature.
Quite a few Sri Lankans, living in LA, have marked themselves as ‘safe,’ including Rohan Toney Mendis (of Apple Green fame and now Dynasty), Sunalie Ratnayake, Jehan Mendis (Dynasty), and singer Sondra Wise Kumaraperu.
Singer Britney Spears, who is quite popular in our scene, evacuated her $7.4 million mansion as the Los Angeles Wildfires engulfed the celebrity neighbourhoods.
She had to evacuate her home and had to drive four hours to a hotel.
“Most people may not even be on their phones!” she indicated in an Instagram message. “I wasn’t on the phone the past two days because I had no electricity to charge and I just got my phone back!”
A few days after Tina Knowles’s birthday, Beyoncé and Solange’s mom sadly announced her Malibu bungalow had been burnt down. “It was my favourite place, my sanctuary, my sacred happy place,” she wrote.
Paris Hilton said on Instagram she was “heartbroken beyond words” after losing her home and watching it being destroyed on television.
“Sitting with my family, watching the news, and seeing our home in Malibu burn to the ground, on live TV, is something no one should ever have to experience,” she wrote. “This home was where we built so many precious memories.”
The ‘Simple Life’ star continued that “while the loss is overwhelming, I’m holding onto gratitude that my family and pets are safe,” adding, “To know so many are waking up today without the place they called home is truly heartbreaking.”
American actor and filmmaker Mel Gibson revealed that his home burned down while he was recording a podcast episode with Joe Rogan. “[I was] kind of ill at ease while we were talking, because I knew my neighbourhood was on fire, so I thought, ‘I wonder if my place is still there.’ But when I got home, sure enough, it wasn’t there.”
Gibson calls the loss “devastating” and “emotional.” “You live there for a long time, and you had all your stuff,” he added.
The Pacific Palisades property of the late Matthew Perry, who gained fame in the television series ‘Friends,’ a popular TV series with Sri Lankans, was one of the many homes that burnt down during the fires.
The property was just purchased for $8.6 million by a real-estate developer.
Some of the other known celebrities who lost their homes to the LA Fires include Sir Anthony Hopkins, Adam Brody and Leighton Meester, Anna Farris, Mandy Moore, Milo Ventimiglia, Melissa Rivers, Miles and Keleigh Teller, Ben Affleck, Pete Lee, Barbara Corcoran, Harvey Guillen, and Jeff Bridges.
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