By Maheesha Mudugamuwa
With the term of the Western Provincial Council (WPC) ending today (21), a total of eight out of nine provincial councils will stand defunct and be managed by the governors of the respective provinces, along with the network of public officials.
Once the term of a provincial council (PC) ends, the province comes under the rule of the governor until elections for a new council are held. Elections would be due for eight of the nine provincial councils by the end of April.
Experts said the ongoing trend of operating councils under the central government through governors and public officials was not healthy and also had a negative impact on the democratic nature of the country. In the meantime, others said the fact that the PCs were non-functional had not affected the people, as the country seemed to be managing quite well without provincial ministers and ministries.
Their argument was that the Government could easily carryout policymaking in all areas through public officials who maintain and manage services within the legal framework of the country. They also said that the system saves large amounts in funds for the Government as they are not required to spend on public representatives appointed by the people.
The term of office of the Seventh Council of the Southern Provincial Council ended on 10 April. Then Southern Province Governor Kumari Balasooriya had convened the inaugural meeting on 11 April 2014, by virtue of powers vested in her under Section 8A of Statute 154 “B” of the Constitution, as per Extraordinary Gazette Notification No. 1857/2 dated 7 April 2014.
The term of office of the Sabaragamuwa Provincial Council ended on 26 September 2017, while the term of office of the Eastern Provincial Council ended on 30 September 2017, and the term of office of the North Central Provincial Council ended on 1 October 2017. The terms of the Central, North Western, and Northern Provincial Councils ended in September 2018.
The term of office of the Western Provincial Council is due to end today (21 April) and the term of office of the Uva Provincial Council will end on 8 September, this year.
Speaking to The Sunday Morning, Southern Province Governor Rajitha Keerthi Tennakoon said that development activities in the Southern Province had not stalled as a result of the Council being defunct.
“Development activities would continue without any obstacles through the secretaries of the districts and public officials. We are also evaluating the systems of other PCs as well to see how they are continuing development activities,” Tennakoon said.
“But this is not healthy as PCs were established to ensure democracy and therefore, we are demanding the Government hold PC elections as soon as possible,” he added.
The Governor also noted that the development activities would not only be conducted by the PCs but through the local councils as well. “I have personally met all local council chairmen and discussed how the system should be continued and the issues they are facing right now.”
As per the Constitution
The provincial councils were set up in February 1988 under the Provincial Councils Act No. 42 of 1987, as a requirement under the 13th Amendment to the Constitution. Each province had a governor, chief minister, and councillors. The governor, appointed by the president, ranked above the chief minister.
The administration of the country was now divided into three segments – in the provincial councils list, reserved list, and concurrent list. The reserved list, covering subjects like defence and foreign policy, was for the central government. Subjects in the concurrent list were shared by central government and provincial councils.
According to the 13th Amendment to the Constitution, the provincial councils list contained subjects which should have stayed under government control. They are land, police, public order, and local government. Other subjects including health, education, agriculture, irrigation, rural development, roads, electricity (apart from the national grid), ancient and historical monuments, and records other than those declared to be of national importance, were also given to the provincial councils. Provincial councils controlled banks, corporations, and insurance and financial bodies relating to their subjects. A separate provincial administration was created, with a provincial public services commission for each province.
As experts said, a good part of the administration of the country was now with the provincial councils and not the central government.
The provincial councils have under them 330 local government institutions, including 18 municipal councils, 42 urban councils, and 270 pradeshiya sabhas.
Political scientist and constitutional expert Prof. Jayadeva Uyangoda told The Sunday Morning that once the provincial council was dissolved, the president should either hold the election or vest the council into the hands of the governor, the representative of the president to the council.
“There are only two options for the President. As it seems, the Government is not willing to hold the election immediately, meaning that the councils would be managed by the governor of the respective councils,” Prof. Uyangoda added.
Meanwhile, when contacted by The Sunday Morning, Uva Province Chief Minister Chamara Sampath Dassanayake said that unless the party took a decision to hold an early election, they would not request the Governor to dissolve the Council until the expiration of the legal term of five years.
According to the Urban Council Ordinance, Municipal Council Ordinance, and Pradeshiya Sabha Act, the local authorities (LA) have the following powers and functions, as provided in the respective statutes.
· Powers to acquire, possess, and dispose of properties
· Powers to enter into contracts to matters relating to the functions assigned to LAs bylaw
· Powers to raise revenues
· Powers to incur expenditures
· Powers to issue licenses
· Powers to frame bylaws
In addition to traditional functions relating to public health, public utility services, thoroughfare, and physical planning, local authorities as have the responsibility of taking regulatory measures relating certain activities such as construction, industrial and commercial undertakings, blocking out of lands, parking of vehicles, protection of payments, stray animals, etc., in order to ensure orderliness, comfort, convenience, preserved environment, and to prevent nuisance.
With the term of the Western Provincial Council (WPC) ending today (21), a total of eight out of nine provincial councils will stand defunct and be managed by the governors of the respective provinces, along with the network of public officials.
Once the term of a provincial council (PC) ends, the province comes under the rule of the governor until elections for a new council are held. Elections would be due for eight of the nine provincial councils by the end of April.
Experts said the ongoing trend of operating councils under the central government through governors and public officials was not healthy and also had a negative impact on the democratic nature of the country. In the meantime, others said the fact that the PCs were non-functional had not affected the people, as the country seemed to be managing quite well without provincial ministers and ministries.
Their argument was that the Government could easily carryout policymaking in all areas through public officials who maintain and manage services within the legal framework of the country. They also said that the system saves large amounts in funds for the Government as they are not required to spend on public representatives appointed by the people.
The term of office of the Seventh Council of the Southern Provincial Council ended on 10 April. Then Southern Province Governor Kumari Balasooriya had convened the inaugural meeting on 11 April 2014, by virtue of powers vested in her under Section 8A of Statute 154 “B” of the Constitution, as per Extraordinary Gazette Notification No. 1857/2 dated 7 April 2014.
The term of office of the Sabaragamuwa Provincial Council ended on 26 September 2017, while the term of office of the Eastern Provincial Council ended on 30 September 2017, and the term of office of the North Central Provincial Council ended on 1 October 2017. The terms of the Central, North Western, and Northern Provincial Councils ended in September 2018.
The term of office of the Western Provincial Council is due to end today (21 April) and the term of office of the Uva Provincial Council will end on 8 September, this year.
Speaking to The Sunday Morning, Southern Province Governor Rajitha Keerthi Tennakoon said that development activities in the Southern Province had not stalled as a result of the Council being defunct.
“Development activities would continue without any obstacles through the secretaries of the districts and public officials. We are also evaluating the systems of other PCs as well to see how they are continuing development activities,” Tennakoon said.
“But this is not healthy as PCs were established to ensure democracy and therefore, we are demanding the Government hold PC elections as soon as possible,” he added.
The Governor also noted that the development activities would not only be conducted by the PCs but through the local councils as well. “I have personally met all local council chairmen and discussed how the system should be continued and the issues they are facing right now.”
As per the Constitution
The provincial councils were set up in February 1988 under the Provincial Councils Act No. 42 of 1987, as a requirement under the 13th Amendment to the Constitution. Each province had a governor, chief minister, and councillors. The governor, appointed by the president, ranked above the chief minister.
The administration of the country was now divided into three segments – in the provincial councils list, reserved list, and concurrent list. The reserved list, covering subjects like defence and foreign policy, was for the central government. Subjects in the concurrent list were shared by central government and provincial councils.
According to the 13th Amendment to the Constitution, the provincial councils list contained subjects which should have stayed under government control. They are land, police, public order, and local government. Other subjects including health, education, agriculture, irrigation, rural development, roads, electricity (apart from the national grid), ancient and historical monuments, and records other than those declared to be of national importance, were also given to the provincial councils. Provincial councils controlled banks, corporations, and insurance and financial bodies relating to their subjects. A separate provincial administration was created, with a provincial public services commission for each province.
As experts said, a good part of the administration of the country was now with the provincial councils and not the central government.
The provincial councils have under them 330 local government institutions, including 18 municipal councils, 42 urban councils, and 270 pradeshiya sabhas.
Political scientist and constitutional expert Prof. Jayadeva Uyangoda told The Sunday Morning that once the provincial council was dissolved, the president should either hold the election or vest the council into the hands of the governor, the representative of the president to the council.
“There are only two options for the President. As it seems, the Government is not willing to hold the election immediately, meaning that the councils would be managed by the governor of the respective councils,” Prof. Uyangoda added.
Meanwhile, when contacted by The Sunday Morning, Uva Province Chief Minister Chamara Sampath Dassanayake said that unless the party took a decision to hold an early election, they would not request the Governor to dissolve the Council until the expiration of the legal term of five years.
According to the Urban Council Ordinance, Municipal Council Ordinance, and Pradeshiya Sabha Act, the local authorities (LA) have the following powers and functions, as provided in the respective statutes.
· Powers to acquire, possess, and dispose of properties
· Powers to enter into contracts to matters relating to the functions assigned to LAs bylaw
· Powers to raise revenues
· Powers to incur expenditures
· Powers to issue licenses
· Powers to frame bylaws
In addition to traditional functions relating to public health, public utility services, thoroughfare, and physical planning, local authorities as have the responsibility of taking regulatory measures relating certain activities such as construction, industrial and commercial undertakings, blocking out of lands, parking of vehicles, protection of payments, stray animals, etc., in order to ensure orderliness, comfort, convenience, preserved environment, and to prevent nuisance.