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CONSTITUTIONAL HISTORY
 
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1924 Reforms

As Manning Reforms did not satisfy the Ceylon National Congress and other organizations agitating for reform, further reforms were affected in 1924 and the composition of the Legislative Council was again altered. It was now to consist of twelve officials and thirty seven unofficials. Twenty three of these unofficials were to be elected as members of territorial constituencies, while eleven were to be elected as members of specially created communal electorates and the remaining three to be nominated. Provision was provided for a elected member of the Council to preside at its meeting.


 
 
1924
49

12 official

37 unofficials

23 Elected on
territorial basis  

11 Elected on
communal basis  

3 nominated by
the governor   



 
 

The reforms of 1924 did not work satisfactorily as members of the legislative council denied of responsibility tended to act in a manner which proved embarrassing to the Government.

The defects of the existing constitution led the Governor of the time Sir Hugh Clifford to appoint a committee to correct the existing impasse. The Commission under Earl of Donoughmore came to Sri Lanka in 1927 and it recommended a unique type of a constitution.

The Donoughmore Constitution

The Commissioners were quick to discover that the fundamental defect of the legislative council was that its members enjoyed power without responsibility. Donoughmore Commissioners formulated a scheme which attempted to combine a certain measure of power with responsibility. They were further desirous of giving the unofficial members training in administration and with this in mind they recommended a system of government by Executive Committees.

The most important feature of the new reforms however was the grant of Universal Franchise to all persons over twenty one years of age.

The other important change recommended by the commissioners was the abolition of communal representation.

Though some progress had been made in the field of responsible government, the Governor continued to have certain important powers which would in the last instant act as a check on the freedom of action of the new council. Most important was the provision vesting control of the vital departments of the state in the hands of the three officials.

Main feature of the new constitution may thus be summed up as follows.

State Council

There was to be a legislature called "State Council" consisting 61 members, presided by a Speaker.

 
 
STATE COUNCIL
61

50 popularly elected

8 nominated

3 officers of state

  4 Europeans 

1 Burgher

1 Sri Lankan Moor

1 Indian mercantile Interests

 
 

Executive Committees

After elections the State Council was to divide itself into seven Executive Committees. Each Executive Committee was to consist of not more than eight members and not less than seven members.

Following are the Executive Committees

1. Home Affairs
2. Agriculture
3. Local Administration
4. Health
5. Labour, Industry and Commerce
6. Education
7. Communications and works.

Officers of the State

The officers of the State were in charge of what were known as the "Reserved Subjects". There was the Chief Secretary who was the ex-officio chairman of the Board of Ministers. He was in charge of the Public Service and was responsible for the defense of the country.

Then there was the Financial Secretary. He was in charge of the Treasury, the Government Stores and the Printing Department. His approval was necessary for the State Council or ministers to go ahead with any development scheme.

Finally there was the Legal Secretary. He was in Charge of the Judicial Services of the Country and was responsible for the conduct of elections to the State council. He was the advisor on Legal matters to the Council.

The Board of Ministers

The three Officers of State and the elected Chairmen of the Seven Committees formed the Board of Ministers. The Chief Secretary by virtue of his office was the Chairman while the ice president was the Leader of the State Council.

The functions of the Board of Ministers were to arrange the programme for the session of the Council and to decide on the order of Business. Their most important function was the planning and drawing up of the Annual Budget for which all of them were collectively responsible.

Governor's Powers

It was necessary to reduce the Governor's powers in direct ratio to the advance made towards Responsible Government. In conduct of matters especially left in charge of the Officers of State, which were centred on the public service, defense external affairs, law and finance; they were directly responsible to the Governor. In regard to all other matters, the Governor's were only indirect control of these matters being with the seven ministries and the Executive Committees.

Defects of the Donoughmore Constitution

This Constitution was never intended to be a lasting one. It should be remembered that this constitution proved workable and was worked without causing serious deadlocks for sixteen years, and it withstood the strains of a World War.

It is true that the Executive System gave the private member a much needed insight into public administration. But it also happened to be the most unsatisfactory feature of the said constitution.
This constitution provided the private member a pride of place in the political landscape. But he did not care to exercise his powers with moderation. He became too meddlesome in administration. The right that the Executive Committees had to make recommendations for appointments to the Public Service in some degree of nepotism and favoritism. Officials who were appointed to leading positions in the public service against of the Executive Committee were given a miserable time by the members of the Executive Committee directly concerned.

The minorities too did not give their whole hearted support for the smooth functioning of the constitution as they were deprived of the privileges of special representation they enjoyed under the previous dispensation. There was a boycott of the election in the Jaffna Peninsula in 1931 and as a result four seats were left vacant.

The Executive Committee system in addition retarded the development of a healthy party organizations based on political, economic and social issues. This was because it conferred a definite uniqueness on the private member.

 
     
 
 
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