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<blockquote data-quote="netlife007" data-source="post: 21037949" data-attributes="member: 79514"><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">The subcommittee on centre-periphery relations has identified several provisions in the existing constitution which they are not agreeable to, in addition to their objection to the unitary character of the State, namely –</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">1) The concurrent list,</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">2) National Policy included in the reserve list,</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">3) Powers of the Governor</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">And</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">4) Fiscal control by the Centre.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><span style="color: Red"><strong>We wish to point out that many countries that have devolved political power including India and South Africa, have included a concurrent list in their respective constitutions to enable the Centre to intervene against wrongful action of Provincial/regional Governments.</strong></span></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">This is considered as a step in the right direction if we are to continue with a structure which devolves power. The concurrent list will provide an opportunity for the centre to intervene if the acts of Provincial Governments affect the rights of regional minorities.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><strong><span style="color: Red">We also wish to point out that we strongly object to any attempt to abolish the office of the Governor or to remove the executive powers vested in him, to enable the Provincial Board of Ministers to exercise executive power as they wish. Article 154 B (2) introduced by the13th Amendment provides for Presidential intervention through the office of Governor against any improper or illegal exercise of executive power by a Provincial Government. It is our view and strongly pursue that a Cabinet Minister be empowered to override any unlawful or improper action taken by a Provincial Minister.</span></strong></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">There appears to be a move to do away with the powers of the Centre to decide on matters of National Policy in respect of all subjects. We note with regret that the attempt to take away powers of the Government to decide on matters of National Policy is also done with view to destroy the unitary character of the State and the sovereignty of the people. If this subcommittee had even a semblance of concern to stand up as one Nation, they would never have made such a proposal.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">We wish to reiterate that the powers regarding fiscal policy should continue to remain with the Government of Sri Lanka. Any proposal made by this subcommittee to incorporate in the constitution a compulsory allocation from the national income to a Provincial Council is yet another attempt to destroy the unitary character of the State.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><strong><span style="color: Red">We also strongly object to Police and Land powers being granted to Provincial Councils as it will render law and order management and land management chaotic in the whole country and incorporating provisions into the constitution to amalgamate the Northern and Eastern provinces. The National Joint Committee strongly objects to the establishment of a constitutional court providing for ethnic representation. We do not consider that it is a prudent move to select judges and other holders of office based on their ethnicity.</span></strong></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><strong><span style="color: Red"></span></strong></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><strong><span style="color: Red">Therefore we urge the Government of Sri Lanka to refrain from implementing these disastrous proposals made by this subcommittee in the preparation of a new constitution for Sri Lanka. We would after careful study, make a fuller statement on all the other proposals made by other subcommittees in the near future.</span></strong></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p></blockquote><p></p>
[QUOTE="netlife007, post: 21037949, member: 79514"] [FONT=Georgia][SIZE=4]The subcommittee on centre-periphery relations has identified several provisions in the existing constitution which they are not agreeable to, in addition to their objection to the unitary character of the State, namely – 1) The concurrent list, 2) National Policy included in the reserve list, 3) Powers of the Governor And 4) Fiscal control by the Centre. [COLOR=Red][B]We wish to point out that many countries that have devolved political power including India and South Africa, have included a concurrent list in their respective constitutions to enable the Centre to intervene against wrongful action of Provincial/regional Governments.[/B][/COLOR] This is considered as a step in the right direction if we are to continue with a structure which devolves power. The concurrent list will provide an opportunity for the centre to intervene if the acts of Provincial Governments affect the rights of regional minorities. [B][COLOR=Red]We also wish to point out that we strongly object to any attempt to abolish the office of the Governor or to remove the executive powers vested in him, to enable the Provincial Board of Ministers to exercise executive power as they wish. Article 154 B (2) introduced by the13th Amendment provides for Presidential intervention through the office of Governor against any improper or illegal exercise of executive power by a Provincial Government. It is our view and strongly pursue that a Cabinet Minister be empowered to override any unlawful or improper action taken by a Provincial Minister.[/COLOR][/B] There appears to be a move to do away with the powers of the Centre to decide on matters of National Policy in respect of all subjects. We note with regret that the attempt to take away powers of the Government to decide on matters of National Policy is also done with view to destroy the unitary character of the State and the sovereignty of the people. If this subcommittee had even a semblance of concern to stand up as one Nation, they would never have made such a proposal. We wish to reiterate that the powers regarding fiscal policy should continue to remain with the Government of Sri Lanka. Any proposal made by this subcommittee to incorporate in the constitution a compulsory allocation from the national income to a Provincial Council is yet another attempt to destroy the unitary character of the State. [B][COLOR=Red]We also strongly object to Police and Land powers being granted to Provincial Councils as it will render law and order management and land management chaotic in the whole country and incorporating provisions into the constitution to amalgamate the Northern and Eastern provinces. The National Joint Committee strongly objects to the establishment of a constitutional court providing for ethnic representation. We do not consider that it is a prudent move to select judges and other holders of office based on their ethnicity. Therefore we urge the Government of Sri Lanka to refrain from implementing these disastrous proposals made by this subcommittee in the preparation of a new constitution for Sri Lanka. We would after careful study, make a fuller statement on all the other proposals made by other subcommittees in the near future.[/COLOR][/B] [/SIZE][/FONT] [/QUOTE]
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