What is meant by meaningful devolution of power & What are the tests to

explore meaningful devolution?

Before looking at the key problems related to the 13th Amendment, it's miles beneficial to
understand the meaning of meaningful devolution power and its characteristics.

Meaningful devolution is a delegation of powers from the central government to regional

with the aims to build good governance via means of bringing governance mechanisms
towards the people. In a country with meaningful devolution of power, provincial and
provincial grievances and the troubles of marginalized ethnic groups may be addressed. This
structure facilitates human beings to recognise their political accountabilities and promotes
egalitarianism.1

Let us critically examine whether the 13th Amendment led to meaningful devolution of
power in Sri Lanka or whether this system led to a centralization of power towards the
Central Government.

Legislative power at the Provincial level is exercised by the Provincial Council. In the In Re
Thirteenth Amendment Case it was clearly described that the Provincial Council has
'delegated legislative powers'.

Devolution of Central Government powers in the framework of the Unitary State postulated
through Article 2 of the Constitution. Having examined Article 154C and the applicable
provisions, the majority of the Court held that, "... There may be no gainsaying the fact that
the President remains supreme or sovereign in the executive field and the Provincial Council
is only a body subordinate to him…". Such subordinate Statutes made by the provincial
Council are subject to judicial review within the ambit of Article 17 of the Constitution,
which this Court has jurisdiction to review under Article 126.2

1
Thirteenth Amendment to the Constitution of Sri Lanka, derived from
<https://en.m.wikipedia.org/wiki/Thirteenth_Amendment_to_the_Constitution_of_Sri_Lanka>
2
Crisis of thirteenth Amendment, derived from
<https://www.civilsdaily.com/news/what-is-the-13th-amendment-to-the-sri-lankan-constitution-and-why-is-it-co
ntentious/>
In my perspective, it was clear that Parliament legislative power enjoys unbound powers
while provincial Council legislative power is limited, Such a power can regain by
parliament at any time.

The Ninth Schedule for the 13th Amendment sets out three lists. Such as ; Provincial
Council list, reserved list and Concurrent list.3 According to the list I Provincial councils
can legislate on matters referred to in the Provincial Council List and the Concurrent List.4
List II provides the central government the power in respect of reserve list. And such power
is exclusive. But the provincial Council has no exclusive power. If all Provincial agree for a
Bill made by the government shall pass in simple majority.5 Whether they agree or not it is
applicable to all provinces when the central government got two-thirds majority. 6

In the Concurrent List, both Parliament and provincial Council can legislate on them, but
can only consult with each other. But if there is any conflict, Parliamentary law prevails in
case of conflict. Criticism in my point is that it leads centralisation. 7

It should be noted that the Reserve list arranges for Parliament to formulate national policy
on all subjects and activities. Which provides that Parliament can present national policy by a
simple majority, which means that the Provincial Council cannot pass any law that is contrary
to national policy in this matter.

In 1995, a committee called the Gunawardena Committee was declared functioning of the
Provincial Councils, whose report was on the interpretation of the national policy by the
Ministries of the Union Government on a functional basis and the expansion of their powers
over the Provincial Ministries.8

3
Article 154A (1)
4
Article 154G (1) and (5)(b)
5
MCM Iqbal, Devolution of powers under the 13th Amendment in Sri Lanka: Fact or Fiction? Retrieved from
<https:// en.m.wikipedia.org/wiki/Devolution >.
6
Crisis of thirteenth Amendment, derived from
<https://www.civilsdaily.com/news/what-is-the-13th-amendment-to-the-sri-lankan-constitution-and-why-is-it-co
ntentious/>
7
Article 154G (1) and (5)(b)
8
Asanga Welikala, CPA Working papers on Constitutional Reform | No. 10,November 2016
In each provincial council, a governor is appointed by the president at full discretion. But
he also exercises such power through the chief minister and the four provincial ministers
appointed by him. Since the governor holds office at the will of the president, he must
always do what pleases the president.9 He may otherwise be dismissed. Thus one can see
that the Governor is a mere person under the control and guidance of the President. The
provincial councils which are thus empowered have no control over the governor exercising
the powers of the president over the province. Therefore the 13th Amendment leads to the
centralisation rather than upholding the concept of devolution of power.

The Chief Minister and the Committee of Ministers only can provide the ‘assistance or
advice’ to the Governor in regard to his function. Thus it is clear without any ambiguity
chief ministers and others have no discretionary power in respect of provincial
administration.10

A governing body needs finances to carry on its policies and administration. The 13th
Amendment provides for a Finance Commission to be established with the sole function of
recommending to the Central Government the amount of funds that should be allocated to
meet the requirements of the Provincial Council. 11

The members of this finance Commission are appointed by the President. They shall be the
Governor of the Central Bank, the Secretary to the Treasury and three other members
to represent each of the three major communities of Sri Lanka. However, the President is
not obliged to comply with the recommendation of this Commission and can on his own
determine how much should be provided for each Province.

9
Article 4(b)
10
Crisis of thirteenth Amendment, derived from
<https://www.civilsdaily.com/news/what-is-the-13th-amendment-to-the-sri-lankan-constitution-and-why-i
s-it-contentious/>
11
MCM Iqbal, Devolution of powers under the 13th Amendment in Sri Lanka: Fact or Fiction? Retrieved from
<https:// en.m.wikipedia.org/wiki/Devolution >.
All monies allocated to each Province shall be deposited in a Provincial Fund into which all
revenue collected from the Province by way of taxes etc and all loans provided to the
province from the Consolidated Fund shall be deposited. The Provincial Council however
cannot withdraw any monies from the Provincial Fund without the signatures of the
Governor.

From time to time the President can give directions to any Provincial Council12. If it fails to
comply with any such a directive, the President can hold that the provincial administration is
not being carried out according to the Constitution and make a declaration that the
Parliament is taking over the functions of that Council and the President can assume the
functions of the Provincial Ministers by issuing a proclamation as provided for.13 Next
massive issue is that the final arbitration is vested with the Supreme Court. It is also a
major threat to expunge devolution and leads to a centralization.

12
Thirteenth Amendment to the Constitution of Sri Lanka, derived from
<https://en.m.wikipedia.org/wiki/Thirteenth_Amendment_to_the_Constitution_of_Sri_Lanka>
13
Asanga Welikala, CPA Working papers on Constitutional Reform | No. 10,November 2016