Constitutional Evolution of Sri Lanka

From 1796 to the Second Republican Constitution

PEACE BUILDING UNIT
MINISTRY OF CONSTITUIONAL AFFAIRS AND NATIONAL INTEGRATION

Compiled by

Godwin Perera, B.A, LL.B
Post Graduate Diploma
Attorney at Law

Colonial Era
1505 - 1948

The First Europeans to gain foothold in Sri Lanka (Ceylon) were the Portuguese who making the use of the weakness of the Country due to civil strife gained control of the coastal provinces. They retained control over these provinces for a period of 150 years from 1505 up to 1656.

They were replaced by the Dutch whose rule over these areas lasted some 140 years.

The Maritime Provinces were ceded by the Dutch to the British on February 16, 1796.

The British first attempted to govern the said provinces from Madras as a part of their South Indian Dominions. But, after a period of unsuccessful rule by the East India Company, the British Government decided to administer its territory in the Island as a separate unit, under a form of Crown Colony government which came into existence in 1802.
The form of Government that was established under this dispensation was one of the more authoritarian forms of Crown Colony Government and under it Legislative, Executive and Judicial powers were vested and concentrated in the Governor. To advice him in the exercise of these powers he had an advisory council consisting not more than five officials. The Governor was not compelled to follow advice of this Council.

The rule of the Governor and the Advisory Council unto 1815 applied to the Maritime Provinces only. That year as a result of civil strife and clashes between the King and his Chieftans the British were able to invade the Kandyan territory and bring it under their suzerainty, banishing the King to South India.

The Kandyan Convention

After the British occupation of the Kandyan Kingdom an Act of Settlement was read at the Kandyan Convention of March 02, 1815.The more important provisions of this act included a promise by the British Government to safeguard the interests of the Buddhist Religion, to administer  civil and criminal justice over the Kandyans according to the prevailing forms and to permit the various chieftans to exercise their rights and privileges insofar as they did not come into conflict with the new administration.

The Upcountry Chieftans along with certain sections of the people and the Buddhist clergy rose in rebellion against the British in 1818 due to several irritants. The rebellion was crushed and the immediate result of it was a reform of the administration and the Chieftans loosing much of their privileges secured under the Convention.

The Colebrook Reforms

Colebrook was appointed to investigate and recommend on the constitutional and administrative systems of the Island. Both Colebrooke and Cameron, who were inspired by Liberal thinking, recommended the following which laid down the embryo for further constitutional development much later.

Main recommendations of Colebrooke Commission

• Abolition of the Rajakariya System
• Unification of Kandyan and Maritime Provinces
• Introduction of the English education and introducing the Civil service to locals
• Continuation of the Gam Saba System
• Cameron's contribution was the introduction of a common legal system for the entire country
• A Government by the Governor and Legislative and Executive Councils was introduced
  
  

The Legislative Council was to consist of nine officials and six unofficials, all official members nominated by the Governor. One half of the unofficial members were natives representing one low country Sinhalese, one Burgher and one Tamil.

This unhealthy practice of the selection of representatives on Racial Basis at this early date paved way for communal rivalries in politics of Sri Lanka much later

Though there were disputes between the unofficial members and the Government specially on military spending, the Colebrooke Reforms continued to hold ground till the dawn of the 20th century.

Reforms of 1910 (McCallum Reforms)

The last years of the 19th Century and the first years of the twentieth century saw considerable economic prosperity in the Island and the rise of the prosperous native middle class educated on English lines and anxious to secure a larger share in the government. As a result of their agitation a substantial measure of reforms were granted. The Legislative Council was to consist 11 official and 10 unofficial members of whom only 4 were elected.( 2 Europeans, 1 Burgher and the new member that was called the ": Educated Ceylonese Seat") The electors for that seat were drawn from the whole Island and from every community and had to satisfy a high educational qualification. The other six unofficial members were nominated on a racial basis. (two low country Sinhalese, two Tamils, one Kandyan and one Muslim)

The real significance of these changes was the introduction of the elective principal and this led the educated middle class to demand for further reform.

Reforms of 1920 (Manning Reforms)

The next important constitutional change occurred in 1920 when the Legislative Council was further reconstituted. Under this the Legislative Council was to consist of 14 Official
Members and 23 Unofficial members, 16 of whom were to be elected.( Eleven to be elected on a  territorial basis and five to represent special constituencies) For the first time there was a unofficial majority in the Council.