Following the conclusion of the Local Government (LG) Polls, attention has shifted towards the long-delayed Provincial Council (PC) Elections, bringing the future of provincial governance back into focus.
In this context, several prominent election monitoring organisations have urged the Government to initiate constitutional reforms concerning the 13th Amendment.
These groups have recommended that the provisions of the 13th Amendment – initially introduced as a nationwide framework for power-sharing – be amended to apply exclusively to the Northern and Eastern Provinces, taking into account the distinct political, social, and historical circumstances of these regions.
The monitors argue that although the 13th Amendment was designed to promote devolution and regional autonomy throughout the country, its implementation has remained incomplete and uneven.
They highlight the need for a more meaningful transfer of powers, particularly in sensitive areas such as Police and land administration, to the Northern and Eastern Provincial Councils as a means of addressing long-standing grievances, strengthening regional governance, and supporting post-conflict reconciliation.
Accordingly, the election monitors have called on the Government to make a decisive policy decision following the Provincial Council Elections to grant the Northern and Eastern Provinces the full powers provided under the 13th Amendment – including Police and land powers – while repealing or discontinuing Provincial Councils in the other seven provinces.
‘The most important elections’
Speaking to The Sunday Morning, Institute for Democratic Reforms and Electoral Studies (IRES) Executive Director Manjula Gajanayake highlighted the crucial need for Provincial Council Elections now that the Local Government Elections had concluded.
He stressed that the next major focus should be on holding Provincial Council Polls, which had been delayed for an extended period.
He noted: “We have already conducted three consecutive elections recently, and one of the concerns is whether it’s economically feasible to hold another. I believe the Government has already allocated funds for this in the Budget, so the next question is how soon these Provincial Council Elections can be held, considering that they have been delayed for quite some time. In my view, this is one of the most important elections we need to conduct.”
Gajanayake stressed that, in a democratic nation like Sri Lanka where sovereignty lay with the people, timely and genuine elections were fundamental.
Addressing the common perception that elections were a financial burden, he countered: “There is a common perception that elections are a financial burden. However, in truth, delaying elections leads to even greater costs. For instance, conducting an election might cost around Rs. 10 billion, but the longer we postpone elections, the higher the indirect and long-term expenses become.”
He further explained that without functioning Provincial Councils, public projects and essential services were stalled, leading to a situation where the accumulated cost of inaction eventually surpassed the cost of holding the elections.
He added: “Money tends to flow out of Sri Lanka through various means like illicit financial channels, but during election periods, funds often flow into the country. Political activities and campaigns result in an influx of money, which can temporarily boost the economy. In that sense, no one can claim that holding elections is a waste of money, because in a functioning democracy, investing in elections is investing in governance and stability.”
Timing and legal framework
Gajanayake also stressed the constitutional requirement to hold PC Elections as stipulated under the 13th Amendment. However, given the lengthy delays, he suggested that once these elections were held, serious consideration should be given to constitutional reforms.
He added: “Our position is that the PC Elections must be held as soon as possible, because they are a constitutional requirement and an integral part of Sri Lanka’s governance system under the 13th Amendment.”
He expressed support for the idea of maintaining Provincial Councils only for the Northern and Eastern Provinces, as suggested by Prof. Nirmal Ranjith Dewasiri, adding: “I tend to agree with that view. The reason for retaining separate Provincial Councils for the north and east is to prevent the possibility of renewed ethnic tensions or conflict.”
On the timing of the elections, Gajanayake cautioned against holding them too soon.
He explained: “While conducting elections would cost around Rs. 10 billion, it’s not advisable to hold them immediately. Having just completed several elections back to back, the public is exhausted and voter turnout would likely be very low if another election were to be held within the next three to six months. It would be wiser to wait at least six months to restore public interest and engagement.”
He also pointed out that the legal framework for the elections remained uncertain, with political party leaders needing to reach consensus on the electoral system and laws that would govern the polls.
Gajanayake urged the Election Commission to stop waiting for instructions and take a more proactive role in ensuring the elections were held.
He said: “The Election Commission needs to stop thinking like a traditional department. It is no longer the old Department of Elections. As an independent commission, it has greater authority and responsibility. It needs to stop waiting for instructions from the Government or other authorities and instead actively assert its role.”
Constitutional provisions
The 13th Amendment to the Constitution of Sri Lanka, introduced in 1987, was primarily aimed at decentralising power and addressing the political demands of ethnic communities, particularly in the Northern and Eastern Provinces.
This amendment established the system of Provincial Councils, which are elected bodies responsible for managing regional affairs. The goal was to promote devolution of power, allowing provincial authorities to manage specific areas such as education, health, agriculture, and local government, while retaining certain powers, such as law enforcement and land administration, under the control of the central government.
The amendment granted each of Sri Lanka’s provinces the ability to form a Provincial Council with a chief minister elected by council members to lead the regional administration.
While the 13th Amendment allowed for greater local governance, it also stressed the central government’s role in matters deemed critical for national unity and security. The introduction of Provincial Councils was particularly aimed at addressing the ethnic grievances in the Northern and Eastern Provinces, which had been at the heart of Sri Lanka’s long-running civil conflict.
Despite the intent to strengthen regional governance, the implementation of the 13th Amendment has faced challenges, and its effectiveness has been questioned due to incomplete devolution and limited powers granted to the Provincial Councils.
Delays and challenges
In recent history, the implementation of the PC system in Sri Lanka has been marred by delays and challenges, particularly with regard to the delimitation process and amendments to the electoral system.
The system has faced significant delays in its full implementation, especially regarding the crucial delimitation process, which determines electoral boundaries for PCs.
The delimitation process, which is essential for conducting free and fair elections, has been delayed multiple times, leading to frustration and criticism from various political groups and civil society organisations.
The most significant delay occurred after the PC Elections were supposed to be held in 2017 but were postponed due to issues surrounding the new electoral system and the failure to finalise the delimitation of electoral boundaries.
This delay has led to a situation where several Provincial Councils, including those in the Northern and Eastern Provinces, have not been fully functional, hindering local governance and development in these regions.
One of the main issues surrounding the delay is the ongoing debate about electoral reforms and the need for constitutional amendments to improve the functioning of the PC system.
In 2018, the Government introduced a proposal to reform the electoral system for Provincial Council Elections, aiming to combine proportional representation with the first-past-the-post system. However, these reforms have faced delays in implementation due to political disagreements and challenges in agreeing on the final structure.
Additionally, there have been discussions about revising or even reducing the number of PCs in Sri Lanka, with some experts advocating the retention of only the Northern and Eastern Provinces’ councils, where ethnic tensions have historically been high. Others argue for strengthening the local government system in the other provinces instead of maintaining the current PC structure.
Govt., Election Commission stance
In this context, when contacted by The Sunday Morning, Election Commission Chairman R.M.A.L. Rathnayake stated that Provincial Council Elections could not be held until a new electoral act was introduced and the delimitation process was finalised.
Rathnayake stressed that the completion of these crucial steps was essential before proceeding with the elections.
Regarding the issue of funding, he explained that the allocation of funds for the elections could only be determined once the election was officially declared.
He noted that, for the elections held recently, the Government had ensured that adequate funds were provided to facilitate the process, allowing the elections to take place smoothly.
When contacted, Ministry of Public Administration, Provincial Councils, and Local Government Secretary S. Aloka Bandara said the Government had waited for the conclusion of the Local Government Elections before deciding on matters related to the Provincial Council Elections, including dates, legal provisions, and delimitation issues.
“The Government, from the outset, intended to hold both LG and PC Elections. With the LG Polls now concluded, we can begin preparations for the PC Elections,” he said.
However, the Secretary noted that no recent discussions had been held regarding the timeline for the election or the required legal amendments.