Police Powers Of The Provincial Councils
R.M.B. Senanayake
The Minister of Economic Development has said that the Government will not agree to the devolution of Police powers to the Provincial Council because it could lead to the creation of a separate Tamil Army.
According to the 13th Amendment only limited Police powers are given to the Provincial Council.
Here is the relevant clause in Appendix 1
APPENDIX I
Law And Order
1. The subject devolved shall be described as follows: -
Public Order and the exercise of Police powers as set out in this Appendix within the Province, but not including-
(a) national defence ;
(b) national security ; and
(c) the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power.
Doesn’t 1(c) prohibit the creation of any such Army legally? If attempts are made to create such an army illegally doesn’t the Central Government have enough power under 1 (a) and (b) of this Appendix.
There is also the power given to the Central Government to declare an Emergency under (3A).In the NINTH SCHEDULE to the Constitution given below:
LIST I
(Provincial Council List)
1. Police and Public order. – Public order and the exercise of police powers, to the extent set out in Appendix I, within the Province, but not including National Defence, National Security and the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power, and not including the city of Colombo, Sri Jayewardenepura Kotte, and their environs the limits of which shall be specified by the President by Order published in the Gazette.
“(3A) Nothing in the preceding provisions of this Constitution shall be deemed to prohibit the making of emergency regulations. under the Public Security Ordinance or the law for the time being in force relating to public security, with respect to any matter set out in the Ninth Schedule or having the effect of overriding. amending or suspending the operation of a statute made by a provincial Council.”.
The Provincial Councils are given only limited powers and the following crimes can be investigated only by the National Police as set out in the Schedule below
