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qrcode.31217364I have come to the end now of the subjects covered in my book on Political Principles and the Practice in Sri Lanka, which was published in Delhi a decade or so back. I thought it still relevant, since I feel that one reason the Reform Programme with which the current government has been unsuccessful is that it did not pay sufficient attention to basic political principles.

Having gone through some of these, I then looked at how constitutions had developed in Sri Lanka over the last century. The constitutional process began with the Colebrooke Reforms in the 1830s, but then there were very few changes until the McCallum Reforms of 1910. After that changes happened thick and fast, culminating in the current Constitution which was introduced by J R Jayewardene in 1978.

In early days stress was on the Legislative Council, with the Executive Council being a separate entity as it were, controlled by the head of government, the Governor. It was only with the Manning Devonshire Reform of 1924 that two members of the Legislative Council without executive responsibilities were put on the Executive Council. It was also in that Reform that the Legislative Council acquired greater powers of financial oversight, through the establishment of a Public Accounts Committee.

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qrcode.30213992Democracy developed apace in Britain in the 19th century, and the Ceylonese began to ask for similar rights for themselves. By the beginning of the 20th century, it was impossible for the British government to refuse such demands. The Liberal Party had returned to office in 1906 and many years, on a reform platform that included reducing the power of the House of Lords, in pursuit of its belief that final decisions should rest with the elected representatives of the people. Though they did not extend democracy on such lines to the colonies, they began  a process which did lead to universal franchise in Sri Lanka within a quarter of a century after the reform process began.

McCallum Constitution: The Elective Principle

In 1912, the elective principle was introduced in the Legislative Council. According to the principle just one representative was to be elected by all ‘educated’ Ceylonese. Sir Ponnambalam Ramanathan, perhaps in recognition of his contribution, was voted to this position by a substantial majority in what was a largely Sinhalese electorate. He justified this faith in his representative capabilities when he argued passionately on behalf of the Sinhalese imprisoned by the British after the Sinhala-Muslim riots of 1915. Legend attributes the reaction of the government in Britain to representations made by E.W.Perera, who travelled to England after the riots. But that would have been far too late to save the imprisoned Ceylonese, and in reality it was Ramanathan who did most for the victimised Sinhalese.

Among the prisoners was  D. S.Senanayake who later went on to become the first prime minister of independent Sri Lanka. The British administration in Colombo was threatening the severest penalties of martial law against him. It was Ramanathan’s spirited attack against the unjustified violence of the British reaction to the riots that roused the attention of the British government. When the British government was informed by telegraph of his protest, it decided to adopt a more conciliatory approach and to recall the then Governor of Ceylon.

These incidents occurred after the Colebrooke Constitution had been replaced by a constitution implemented by Governor McCallum. The franchise, by now, had been extended in Britain to include all adult males and therefore it was believed necessary to provide some concession to the elective principle in Ceylon. It was seen as one of the more advanced colonies, suitable for experiments because of its small size. The Executive Council remained unchanged, but the Legislative Council was expanded to 21, including ten unofficial members, four of whom were to be elected. Of the four elected members two were Europeans, one a Burgher and one an ’educated’ Ceylonese. The other six—three Sinhalese, two Tamils and a Muslim—were to be appointed by the governor.

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Rajiva Wijesinha

November 2018
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