Devolution of power to the provinces

The Liberal Party's suggestions for a new Constitution. (Contd. from last week)

Executive and Legislatve Powers of the Regions

(1) Executive powers shall be exercised in each Province in subjects specified in the schedule. They shall be vested in a Governor directly elected by the people, except for subjects devolved to Zonal Councils elected as specified in the schedule.

(2) Legislative powers as to matters about which a Province has power to make statutes shall be exercised by a Provincial Council. This shall consist of representatives of zonal councils elected from such councils, members on the Single Transferable Vote system.

(3) The Governor shall appoint secretaries for specific subject areas set out in the schedule, subject to ratification by the Provincial Council.

(4) Members of each Provincial Council shall divide into Executive Committees to monitor and advise as to the Executive functions of the Governor and shall exercise financial controls with regard to such subjects.

(5) The Governor shall be elected for a fixed term of four years. Zonal assemblies shall be elected at the same time as the Governor.

(6) From the commencement of the new arrangements Parliament shall not enact laws on subjects on the two Provincial lists. The Provincial Council cannot exercise authority over the subjects set out in the 'Reserved List'.

(7) If conflicts arise with respect to the division of power between the Central Government and the Provinces, the matter shall be referred to the Devolution Commission. If the Devolution Commission cannot resolve any conflict, the matter shall be referred to the Supreme Court for adjudication. The Devolution Commission shall be responsible for matters requiring consultation and co-ordination between the Central Government and the Province. It shall consist of an equal number of members of the national parliament and of the provincial councils, elected by Single Transferable Vote.

(8) Judges of the Provincial High Courts, including the President of the High Court, shall be appointed by the Governor subject to ratification by the Provincial Council. The Governor will appoint a person eligible to be a Judge of the High Court to be the Provincial Attorney General, subject to ratification by the Provincial Council.

(9) In the event of the office of Governor becoming vacant, it shall be filled for the remainder of the term by a member of the Provincial Council or any Zonal Council within the Province, elected by the Provincial Council.

(10)The Provincial Council will consist of as many members as may be determined by the Devolution Commission. The Provincial Council shall elect, by the STV system, a Chairperson and a Deputy Chairperson to oversee the affairs of the Council.

(11)Finance

a) A constitutionally guaranteed amount of financial resources including a sum of foreign exchange will be transferred by the Central Government to the funds of the Provincial governments. This amount may be calculated as a percentage of the GNP of the Annual Budget. In addition, financial resources will accrue to Provincial Governments from grants, taxes, financial institutions and foreign aid.

b) A Finance Commission shall allocate the funds referred to in a) above as a block grant to each Province taking account of the needs of and disparities between the provinces.

c) The detailed expenditure of the block grant to each province shall be determined by its Assembly. This will include block grants to each of the zonal assemblies within the province, subject to compliance with guidelines as to ratios laid down by the Finance Commission.

d) Provincial Governments may set up financial institutions and negotiate foreign assistance in consultation with the Centre.

(12) Law and Order

a)A Provincial Police Force shall be constituted in each province. The Provincial Police Force shall be headed by a DIG and appointed by the Governor on the recommendation of the IGP. The DIG shall be responsible to and be under the control of the Governor. Training of the Provincial Police Force shall be the responsibility of the Central Force.

(b) The appointment, transfer, dismissal and disciplinary control of police officers shall be the responsibility of the Provincial Government acting in consultation with the IGP.

c) The police forces of the country, central as well as provincial, shall be enlisted to reflect the multi-cultural and plural nature of Sri Lanka and its provinces.

(13) Language - Sinhala, Tamil and English shall be the official languages and shall have equal status for all purposes.

(14) Land

(a) There shall be a Land Commission which shall allocate land to the Central Government for Central Government purposes. All remaining land may be allocated by the Provincial Councils.

b) The Land Commission shall consist of an equal number of persons nominated by the Central Minister in charge of the subject and the Provincial Councils respectively. Each Provincial Council shall have at least one nominee on the Land Commission.

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