Provinces are asserting authority in education, finally
Wednesday, 24 February 2016
To date the Central Government has either maintained or expanded its bureaucratic arm in regard to the devolved subjects, with education being a prime example
Wednesday, 24 February 2016
As we begin discussions on constitutional reforms, it is important to note that provisions in the existing constitution, the 13th Amendment in particular, are yet to be fully implemented. The 13th Amendment devolves several key subjects to Provincial Councils.
During the Rajapaksa regime from 2005-2015, the Centre exercised a tight control over the Provinces. Northern Province was vociferous on thorny issues such as powers over land and police, but neglected to assert themselves on what I call low-hanging fruits, like education, social services, water supply, solid waste management and other subjects which could have begun an inevitable process of decentralisation.
Better late than never. The first shot was fired by the Peshala Jayarathna, the Chief Minister of the North Central Province on 18 January when he threatened to seek the opinion of Supreme Court regarding the regular summoning of principals of schools coming under Provincial Councils to Colombo by Education Ministry Higher officials.
Jayarathna is now supported by his peers through a resolution adopted at meeting of the Chief Ministers of the nine Provinces in Kandy on 19 February this year to not send any officials to meetings organised by the Central Ministry, among other things.
The 13th Amendment lists 37 items as subjects devolved to the Provinces in what is named as the Provincial Councils List. Seen as foremost among these are police and public order, education and educational services and land because each of these subjects is further described in an Appendix devoted to each. Agriculture and agrarian services, health, irrigation and social services and rehabilitation are the other significant subjects delegated to the Provinces.
The National Government is still responsible for the formulation of national policy and monitoring and evaluation of such devolved subjects. Further, the National Government is responsible for administration in the case where inter-Provincial waterways and other inter-Provincial matters that concern the devolved subjects.
However, to date the Central Government has either maintained or expanded its bureaucratic arm in regard to the devolved subjects, with education being a prime example. Water supply and drainage is an example of a highly local issue having its own Ministry at Centre with the National Water Supply and Drainage Services Board as the only agency under the Ministry’s jurisdiction.
Meanwhile each of the nine Provinces have departments dedicated to the devolved subjects. For example, the Northern Province maintains Provincial Departments for Agriculture, Animal Production and Health, Land Administration, Irrigation, Education, Sports, Health Services, Indigenous Medicine, Local Government, Cooperative Development, Industries, Rural Development, Road Development, Social Services, Buildings, Probation and Childcare under five Ministries the number of which is restricted to five by Statute.
Provincial Councils have too long been ignored as white elephants that exist to give the appearance of devolution. A closer look suggests that Centre is partly to blame through their behaviour of continuing to maintain its pre-devolution bureaucracy, micro-management through circulars and interference through Centre-controlled special projects.
- See more During the Rajapaksa regime from 2005-2015, the Centre exercised a tight control over the Provinces. Northern Province was vociferous on thorny issues such as powers over land and police, but neglected to assert themselves on what I call low-hanging fruits, like education, social services, water supply, solid waste management and other subjects which could have begun an inevitable process of decentralisation.
Better late than never. The first shot was fired by the Peshala Jayarathna, the Chief Minister of the North Central Province on 18 January when he threatened to seek the opinion of Supreme Court regarding the regular summoning of principals of schools coming under Provincial Councils to Colombo by Education Ministry Higher officials.
Jayarathna is now supported by his peers through a resolution adopted at meeting of the Chief Ministers of the nine Provinces in Kandy on 19 February this year to not send any officials to meetings organised by the Central Ministry, among other things.
The 13th Amendment lists 37 items as subjects devolved to the Provinces in what is named as the Provincial Councils List. Seen as foremost among these are police and public order, education and educational services and land because each of these subjects is further described in an Appendix devoted to each. Agriculture and agrarian services, health, irrigation and social services and rehabilitation are the other significant subjects delegated to the Provinces.
The National Government is still responsible for the formulation of national policy and monitoring and evaluation of such devolved subjects. Further, the National Government is responsible for administration in the case where inter-Provincial waterways and other inter-Provincial matters that concern the devolved subjects.
However, to date the Central Government has either maintained or expanded its bureaucratic arm in regard to the devolved subjects, with education being a prime example. Water supply and drainage is an example of a highly local issue having its own Ministry at Centre with the National Water Supply and Drainage Services Board as the only agency under the Ministry’s jurisdiction.
Meanwhile each of the nine Provinces have departments dedicated to the devolved subjects. For example, the Northern Province maintains Provincial Departments for Agriculture, Animal Production and Health, Land Administration, Irrigation, Education, Sports, Health Services, Indigenous Medicine, Local Government, Cooperative Development, Industries, Rural Development, Road Development, Social Services, Buildings, Probation and Childcare under five Ministries the number of which is restricted to five by Statute.
Provincial Councils have too long been ignored as white elephants that exist to give the appearance of devolution. A closer look suggests that Centre is partly to blame through their behaviour of continuing to maintain its pre-devolution bureaucracy, micro-management through circulars and interference through Centre-controlled special projects.
