THE DONOUGHMORE

CONSTITUTION 1931 - 1947

K.K.G.Anuththara
Lecturer ( Probationary)
Department of Legal Studies
Based on the recommendations of the Report, a new
Constitution was promulgated in 1931 by the Ceylon
(State Council) Order in Council, 1931
 Characteristics of the Constitution
• The Governor
• The State Council
• The Board of Ministers
• The Executive Committees
• The Officers of State
• Public Service
• The Judiciary
 The Governor

• Perform the formal and ceremonial powers and controlled

external affairs
• Fullycontrol over the Public Service and conditions of
service were not changed without his sanction
• Thepower to take over a department was given to him
when a state of emergency had arisen.
 The State Council
• A replacement to the previous Legislative Council
• 61 members = 50 elected solely on the basis of territorial
representation + 8 nominated members + officers of State (who
had no voting rights)
• wide powers to pass laws – without affecting some powers like,
the King’s reserve power of legislating by Order in Council
the Governor’s power of certification
 Governor’s Control over the State Council

 The Governor could refuse his assent to a bill passed by the State Council (Bills
affecting currency, armed forces, public servants, administration of justice, defense
 or public security
 power to reserve Bills for the King’s assent
 He could refer a Bill back to the Council for further consideration and even suggest
amendments
 He could require that a Bill should be passed by two-thirds majority
 Finally, the King had the power to disallow a Bill
 (exercised through the Secretary of State).
The Executive Committees
• The Executive Committee system was the innovative feature
of the Constitution.
The seven committees were;
• Home Affairs,
• Agriculture and Lands,
• Local Administration,
• Health,
• Labour,
• Industry and Commerce,
• Education and Communications
 The Board of Ministers
• State Council divided themselves into seven
Executive Committees and the Ministers were the
seven Chairmen elected by each Committee
respectively

• TheseMinisters and the three Officers of State

formed the Board of Ministers
 The Officers of State
• In charge of the reserved subjects with separate departments
assigned to them, and they were responsible only to the
Governor

• Chief Secretary- (Chairman of the Public Service Commission)

• Financial Secretary- (preparation of the Annual budget and Estimates)
• Legal Secretary – (responsible for the administration of justice and advised the
government on all legal questions)
 Public Service

• Machinery for dealing with appointments, and promotions of

public servants

• consistingof the Chief Secretary (Chairman) and two others

in public service appointed by the Governor
 The Judiciary
• Courts established by the Courts Ordinance , 1901,

• The Chief Justice and the Judges of the Supreme Court were appointed
by the King by Letters Patent issued under the Sign Manual

• Judges for the District Courts, Magistrates’ Courts and Courts of

Request were appointed by the Governor. After 1938, they were
appointed by the Legal Secretary.