Constitutions and their makings
by Neville Ladduwahetty The present government pledged to introduce a new Constitution during their election campaign. Thus far, there is no indication as to its shape or form. Past Governments, too, have made similar pledges. Some, including this government, pledged to abolish the presidential form of government. What is common to all is that pledges […]
The present government has promised to draft a new Constitution during their election campaign, but there is no clear indication of its structure or content. Other governments have also made similar pledges. Once in power, governments often avoid contentious tasks like Constitution-making, despite having the majority needed to do so.
The Constitution is essentially a contract between the government and the people, establishing the nation's fundamental rules, values, and structural arrangements. It must promote human development and protect citizens' rights while minimizing disparities. When protecting majority interests, provisions should be made for dialogue and compromise with minority interests.
Sri Lanka's current Constitution (1978) is a presidential system, with a president, legislature, and independent judiciary. Some argue that presidential systems concentrate too much power in one individual, while parliamentary systems with elected prime ministers and cabinets are more stable. However, both systems are susceptible to the character traits of their leaders, making safeguards necessary in any system.
The Constitution should embody the will of the people, with policy formulation and institutions for implementation and monitoring. These institutions should be both central and peripheral, with peripheral institutions being most effective as they are closest to the people.
Prior to devolving power to provincial councils under the 13th Amendment, local government was a subject under the central government ministry, combined with other subjects. District development committees were established in 1955, with the district agent as chairman. The impact of neglecting local government has been significant, especially with the passage of the 13th Amendment.
The transfer of local government to provincial councils has had a profound impact on over 75% of the population living in the peripheral regions, with the elimination of the Department of Local Government further compounding the issue. The current arrangement involves appointing assistant commissioners under provincial commissioners to manage local government functions in 25 administrative districts across 9 provinces.
Written by urgent.news from The Island Sri Lanka's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
