The 13th Amendment - Devolution

President Jayewardene firmly believed in the recognition of the rights of the minorities. He was not satisfied with the provisions made in the Constitution which recognized Tamil as a second language and the concentration of power in the central government alone. Accordingly, the 13th Amendment to the Constitution was brought about on 14th November 1987, enacting among the provisions :-

•  That Tamil should also be an official language. English should be a link
    language.

•  Establishing a Provincial Council for each province which was an autonomous
    body.

1. Tamil Language This provision permitted the Provincial Councils in Tamil speaking     areas to conduct their business in Tamil and use Tamil for their interior     administration purposes.
2. Provincial councils The establishment of the Provincial Councils was thought to be     the solution for the cessation of the ethnic problem.

The structure of a Provincial Council as laid down in the Amendment was
    : A Governor - appointed by the President
    : A Chief Minister
    : A Board of Ministers

The Board of Ministers consisted of five elected members of whom the Governor would appoint one as Chief Minister.

The Governor acts on the advice of the Chief Minister.

The amendment carries the eighth schedule which indicates the names of the nine provinces (Western, North Western, Uva, Sabaragamuwa, Central, Eastern, Southern, North Central and Northern).

The ninth schedule contains three lists of activities as functions which require special provision for implementation. They are,

List I (Provincial Council List)

This list contains 27 activities: Price and Public Order, Education, Local Government, Housing and Construction, Roads and Bridges and Agriculture to mention a few.

A Provincial Council decision of passing a law on any of the matters contained in the Provincial Council List may forward such a Bill, gazetted and refined, to all Provincial Councils. Having obtained their concurrence, the Bill will be placed in the Order Paper of the Parliament. The Bill must thereafter be passed by a majority of the Parliament.

List II (Preserved List)

This list which contains such matters as Defence and National Security, International Security, Law and Order, Armed Forces, Arms and Ammunition, Foreign Affairs, Posts and Telecommunications, Broadcasting and Television, Trade & Commerce and Elections which are of a national nature are the sole concern of the Parliament and the Provincial Councils have no power to make laws on any such matters.

 

List III (Concurrent List)

This includes such matters as Planning, Higher Education, National Housing, Social Sciences, Health and Employment. There are 36 such matters pertaining to any particular province. The Parliament may make laws on such matters in consultation with the Provincial Council concerned and the Provincial Council may make laws on such matters in consultation with the Parliament.

 

Public Security

The President may by declaration declare any service or supply as essential under the Public Security Ordinance.

High Court

A High Court is established for each province. Such a High Court

(a) has original criminal justification
(b) has appellate authority and decisions of the magistrate courts and primary courts      of the province.

Functional Powers

Parliament by law will provide for

(a) the election of members
(b) procedure on transaction of business
(c) salaries of Provincial Council members
(d) any other relevant matters connected with giving effect to the principles of      provinces in the Amendment.

Duration of Offices

Every elected member will hold office for 3 years.