Essay on the constitutional changes in Sri Lanka

During the 1970 election campaign, the United Front had promised to promulgate a republican constitution reflecting indigenous values.

The first steps to effect the transition to republican status was taken by S.W.R.D. Bandaranaike in the mid 1950s, when he secured the approval of the Commonwealth Prime Ministers in 1956.

However, the declaration of a re­public was postponed until May 1972 as no government during the intervening period had sufficient time or the required majority to amend the constitution. By the time the UF took LIP the issue, there were also many who were critical of the parliamentary system which was regarded as insuitable for the new challenges facing a small country like Sri Lanka. So. The SLFP-led UF government opted for a Presidential system combining features from different constitutions.

The new Constitution was democratic, socialist and republican in nature. With its adoption in 1972 Sri Lanka ceased to be a dominion and became a free sovereign and independent republic. The constitution abolished the Senate and established a unicameral National State Assembly. The assembly was defined as the embodiment of the power of the state and provisions in the constitution denied the judiciary the authority to challenge its enactments.

The executive was given a wide range of emergency and special powers, and judicial curbs on the executive were also greatly restricted. Apart from the concentration of power in the executive, the 1972 constitution included two other controversial features.

It abandoned the idea of a secular state, which had been incorporated into the 1946 constitution, giving Buddhism a special place. It also declared Sinhala as the sole national language. These measures became controversial because of opposition from the Tamil minorities.

The UNP also opposed the changes fearing the emergence of an authoritarian government. So on the eve of next elections, the UNP announced that it would change the constitution and adopt a presidential form of government with necessary changes if it came to power.

When the JNP won the elections the National State Assembly adopted a constitutional amendment establishing a Presidential of government and J.R. Jayawardene became the first executive head of the government. Since the changes brought by the amendment were not sufficient, in September 1978 a new constitution was adopted.

The 1978 Constitution changed the country’s formal name from the Republic of Sri Lanka to the Democratic Socialist Republic of Sri Lanka and established a presidential form of government similar to that operating in France under the Fifth Republic. Like the 1972 constitution, it recognised the special status of the Buddhist religion (assuring it, again, “foremost place” while guaranteeing the freedom of other religious communities).

It, however granted “national” status to the Tamil as well as Sinhala language although only Sinhala was recognised as the “official” language. The government institutions were divided in the customary way between the executive, legislative, and judicial branches. However, the constitution did not provide for genuine separation of powers. The president’s powers as the head of the state and as the chief executive are formidable compared to those of the legislature.

The president, who is elected for a six year term, can declare war and peace, grant pardons, and carry out any action approved by the legislature or ordered by the Supreme Court. The president appointed the prime minister and the cabinet with the approval of the parliament.

In addition, the president rather than the prime minister presided over the cabinet when it met. The president, moreover, could keep any ministerial portfolio. The parliament also has a six year term, but the president has the authority to dissolve Parliament at any time and call for new elections.

The Constitution of 1978 was adopted in order to meet some urgent problems like the maintenance of national unique and territorial integrity.

As we noted, the new presidential system of government gave due consideration to the question of minority rights, by declaring Tamil along with the Sinhala to be the national languages of Sri Lanka. This was a major development since mid- 1950s as it restored the confidence of the Tamils.

There was also greater emphasis on individual rights in matters of freedom of speech and religion and formation of trade associations. Another important feature of the new constitution was the abolition of the distinction between citizens by residence and citizens by registration.

This benefited the Indian Tamils who were so far treated as second-class citizens by earlier governments. Thus, the Indian Tamils settled in the plantation were guaranteed all civil and political rights. The Indian Tamils, in return responded positively to these conciliatory gestures and the Congress Working Committee (CWC), the main political party-cum-trade union representing the Indian Tamils even joined the Jayewardene government.

For most Tamils, these measures appeared to be a classical case of too little too late. The separatist call for a Tamil Eelam, or “Precious Land,” that emerged out of Tamil political disillusionment soon was accompanied by attacks on government targets.

The government was compelled to pass the Prevention of Terrorism Act. Intended to be a temporary measure, it became a permanent piece of legislation giving unbridled powers of search and arrest to the police and military. Jayewardene subsequently initiated a series of negotiations on increased autonomy with the major Tamil political organisation on the island.

However, with the Tamil Tigers escalating their terrorist attacks, there was a Sinhalese backlash against Tamils. Serious rioting again broke out 1981 and in greater magnitude in July 1983 riots, unleashing an unprecedented wave of violence that engulfed the island and divided Sri Lankan society. Jayewardene’s efforts to bring Tamils and Sinhalese together to negotiate a political settlement failed as the moderate TULF had already lost ground to the LTTE which was steadfast in establishing a separate state, the Tamil Eelam.

In the meantime, the Sinhalese extremists who were opposed to ally plan of devolution of power to the Tamils became active in Sinhalese majority areas. Facing serious internal crises from different fronts, the Jayewardene government signed an agreement with the Indian government which provided it with military assistance under the Indo-Lanka Agreement of 1987. Broadly, under the UNP rule, the ethnic conflict became worse with the Tamil insurgents raising a bloody separatist war in the north and east of the island-state.

In December 1988, the UNP nominated the then Prime Minister Rariasinghe Premadasa for presidential election. Premadasa won the election by a comfortable margin. Sirimavo Bandaranaike of SLFP obtained 45 per cent of the votes. These elections saw much violence and rioting as the JVP and the LTTE opposed the elections and indulged in violence.

Later, the parliamentary elections were held in February 1989 in which the UNP won 125 out of the 225 seats. This election was also marked by widespread violence and became the bloodiest election in the history of independent Sri Lanka. Gradually, with the rise in terrorist violence and insecurity, the government- resorted to some drastic measures.

It implemented some draconian laws which compromised the principles of justice and democratic rights. Otherwise, Presidential powers were increased in an effort to restore stability. But it seemed that the situation had gone beyond control when President Ranasinghe Premadasa was assassinated on May 1, 1993, by a LTTE cadre.

Later, with changing political climate, the opposition SLFP rode back to power when Mrs. Bandaranaike’s daughter Chandrika Bandaranaike Kumaratunga became the Prime Minister after the 1994 general elections. Later she was elected as President in November 1994 and she appointed her mother as Prime Minister. In the December 1999 presidential election, Chandrika Kumaratunga was re­elected as the President.