Discourses On The Thirteenth Amendment: Addressing Misconceptions
By M. A. Sumanthiran -July 14, 2013
M A Sumanthiran
Recent debates surrounding the Thirteenth Amendment to the Constitution reflect the extreme polarization of Sri Lanka’s political discourse. While the issue is indeed emotive, we have nothing to gain from anything but a clinical approach to these questions. If reason is to prevail in our politics, then reason must prevail in our thinking – and our thinking about the Thirteenth Amendment is a good place to start.
The Thirteenth Amendment provides for a measure of devolution to the Provinces through Provincial Councils. The Amendment however, is applied within the super-structure of the country’s unitary constitution. The powers devolved under the Thirteenth Amendment are indeed meagre. There is provision for a measure of powers of land, law and order, education, health and similar subjects – but even in respect of these, the centre retains a great measure of control. For example, the subject of “national policy in respect of all subjects” lies with the centre, and notwithstanding some limitations imposed on the use of this ruse by the Supreme Court in times past, it has been invoked widely, illegally and most inappropriately by the centre to take back devolved powers. In fact, many of the executive and legislative powers devolved under the Amendment are virtually impossible to exercise fully and effectively if the centre chooses to impose roadblocks. This could be instanced by gubernatorial and presidential interference with the statute-making powers of the Provincial Councils, or through the Governor refusing to cooperate with an elected Board of Ministers. Read More
