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Sri Lanka should remain a unitary State: Muslim Lawyers Association
The Muslim Lawyers Association (MLA) stressed that Sri Lanka should remain a unitary State and there be no devolution of powers beyond the present devolution provided under the 13th Amendment. The views were expressed in setting out the MLA’s stance on the Interim Report of the Steering Committee of the Constitutional Assembly.
In an outline of its views on the interim report, the MLA also notes Sri Lanka should be a unitary State and the term stressed in all languages.
The MLA emphasized that the word “Orumittanadu” in Tamil is not the correct term to describe a unitary State, as the word should be “Otraiachchi.”
Furthermore, it adds that Articles 1 to 9 of the present Constitution should not be changed. “However, we are in agreement with the National Anthem being sung in Tamil, and included in the Constitution.”
Regarding the principles of devolution, the MLA is in agreement with the notion of the Provincial Council (PC) being the primary unit of devolution. Nevertheless, it should be subjected to the powers and functions vested with the Central Govt.
It proposes local authorities as the third tier of govt, which is the most closest unit of the govt to the public, and hence, given more power and authority by devolving the powers of the PCs.
The MLA further declared its opposition to the merger of the Northern Province (NP) and Eastern Province (EP) as a single Province.
It has expressed agreement with the notion of introducing a Constitutional Court, provided it comprise Judges of the Supreme Court or, the said Court is placed on par with the present Supreme Court.
“The present structure for the appointment and the powers and functions of the Governor shall be retained,” the statement notes.
State land should be vested with the Centre and not with the Provinces, as proposed in the interim report.
It also states that, “There shall be no provisions introduced to curtail or curb the power of the Centre.”
The MLA has expressed its strong opposition to the concept of a “Second Chamber,” stating that it is closely bound up in Federalism. Such a concept “arises only in countries that are highly decentralised or, constitutionally regionalised.”
The MLA is of the opinion that the Executive Presidency should be retained. “However, in order to have proper checks and balances, the Constitutional Council and Independent Commissions should be given wider powers with guidelines.” The President, meanwhile, should be elected by the people.
The present Constitutional provisions regarding the ‘state of emergency’ need not be changed, according to the MLA. “Police powers shall remain with the Centre.
However, steps should be introduced to recruit more Tamil speaking officers, particularly, to the NP and EP, to render effective service to the people.”
In conclusion, the MLA states the PCs itself are a burden on the economy of the country. “As we are unable to go back to the period prior to the 13th Amendment, we, even with reluctance, have to live with the PCs.” The MLA, however, emphasizes that the District Development Council is the ideal, tested and proven alternative.