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PUBLIC

PECORD

OFFICE

ITT

Reference -

C.O.882/12

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOI TO|

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policies and framing the Budget after taking a comprehensive view of the needs of the country and the financial situation.

5. We have given anxious and prolonged consideration to the method of election of Ministers, which, a majority of us agree, is unsatisfactory. The views of the Hon. Mr. Panabokke, who is not in entire agreement with the majority, are given in a statement annexed to this letter. The Hon. Mr. Macan Markar and the Hon. Mr. Peri Sundaram, maintain that the present method ought to be continued as it is in their opinion the only available means by which members representing minority communities can hope to be chosen to Ministerial Office. The rest of us who are not of this view recognize fully the fears and apprehensions of the minorities on this point, but under the method we propose we have every reason to think that the interests of the minority communities would be more secure than under the present method. Those of us who hold the majority view on this point are of opinion that the Chief Minister or the Leader of the Council should be elected by the Council and that thereafter he (the Chief Minister) should nominate his Ministerial colleagues who, if appointed by the Governor, would be assigned to and become Chairman of the various Executive Committees into which the Council would thereafter divide itself as at present. We have no doubt that in making his choice the Chief Minister will bear in mind the necessity for gaining the confidence and support of the whole Council by doing justice to the claims of members of minority communities that deserve recognition.

6. We now come to the question of the Public Services. We do not propose any alteration in the present arrangement by which the appointment, promotion, transfer, dismissal, and disciplinary control of public officers are vested in the Governor, but we consider that the powers vested in the Governor in these matters should be administered by a Public Services Commission entrusted with the powers and duties of corresponding Commissions which have been established in the self-governing Dominions. We have stated in, our memorandum our objections to the present Constitution of the Public Services Commission. Our recommendation is that it should be an independent body composed of three persons unconnected with the Public Service or the State Council and selected and appointed for a definite period, say five years, by the Governor from among prominent public men in the Island. With the appointment of such an independent body to deal with all matters connected with the Public Service, the practice of referring recommendations for appointments to Executive Committees might with advantage be abolished. It should, however, be laid down that the Heads of Departments should make their recommendations through the Ministers concerned.

7. We also consider that the provision in Article 87 (1) of the Order in Council under which the Governor's sanction must be obtained before certain Bills, Motions, &c., affecting the Public Services are introduced into Council should be deleted.

8. Finally, it is our considered opinion that the Constitution should be amended so as to curtail the special powers vested in the Governor. The position of the Governor must be consistent with the type of Constitution granted to the people. Our apprehen- sions of the grant of unlimited special powers to the Governor have been increased by the recent use of this power for certifying as a matter of paramount importance the Supplementary Estimate in respect of the salary payable to an officer on temporary agreement in the Printing Department. We are firmly convinced that, by no stretch of imagination, can such a case be brought under the category of matters of "Para- mount importance to the public interest," and we consider that the existence of undefined and unlimited reserve powers of this nature are liable to be misused and become productive of friction which is not in the best interests of the country. We consider, therefore, that these special powers should be defined and restricted within specified limits and that they should be invoked only in an emergency. We accordingly recommend the amendment of Article 22 of the Order in Council to secure this end in view. In this connexion we would also urge the repeal of the proviso to Article 72, which reserves to His Majesty the right to make laws for the peace, onder, and good government of the Island, as the existence of such a provision is inconsistent with the grant of responsible Government. The Hon. Mr. Panabokke reserves to himself the liberty to submit a separate memorandum on the necessity for the institution of a Second Chamber in the event of the Governor's powers being curtailed.

9. To summarize our proposals, our scheme for the reform of the Constitution consists of the following amendments :-

(a) The removal of the Officers of State, and their substitution by Ministers

and Executive Committees of the Council.

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(b) The strengthening of the position of the Board of Ministers by enabling

them to initiate and carry out their financial policies.

(c) Alteration in the method of election of Ministers-on this point only a majority of us are agreed, the minority holding the view that the present method needed. no change.

(d) The reconsideration of the Public Services Commission.

(e) The deletion of the provision for obtaining the prior sanction of the Governor in the case of bills, motions, resolutions, or votes affecting officers in the Public Service.

(The curtailment of the special powers of the Governor.

10. We trust that the above scheme will commend itself to Your Excellency and that Your Excellency, will be pleased to forward the same and the memorandum attached to this letter to the Secretary of State for the Colonies. We would welcome an opportunity of discussing this important question with Your Excellency at any time convenient to you before the final proposals are submitted to the Secretary of State for his consideration. We have had the opportunity of discussing these proposals with the Hon. Mr. D. S. Senanayake, the Minister for Agriculture and Lands, before he left the Island on leave, and he is in full agreement with us. by the Hon. Mr. H. M. Macan Markar reserving to himself the right to express his A rider submitted personal views on certain points is annexed to this letter.

On behalf of the Ministers,

His Excellency

I have, &c.,

D. B. JAYATILAKA,

Board of Ministers.

Sir Graeme Thomson, G.C.M.G., K.C.B.,

Governor.

Vice-Chairman,

RESOLUTIONS PASSED IN THE STATE COUNCIL ON THE SUBJECT OF CONSTITUTIONAL REFORMS.

1. This Council claims the exclusive control of the Public Purse as an inalienable constitutional right of the people of Ceylon and demands the immediate repeal of Articles 22, 61, 87 (1) and (4), and 9,1 of the Ceylon (State Council) Order in Council, 1931, as contravening that right.

2. This Council demands the withdrawal of the requirement under Article 87

of the Ceylon (State Council) Order in Council. 1931, of the Governor's sanction for

the discussion of such matters affecting Public Officers as are referred to therein as

an unwarranted interference with the rights of the Legislature.

3. This Council claims the exclusive right of legislation for the peace, order, and good government of the Island and demands the deletion of the proviso to Article 72 of the Ceylon (State Council) Order in Council, 1931.

4. This Council condemns the division of the subjects and functions of Govern- ment into two classes in respect of one only of which the State Council is charged with the administration, and demands the amendment of the Constitution so that all subjects and functions of government may be placed within the administration of the State Council.

5. This Council declares that the addition of the subjects in the Royal Instruc- tions of 22nd April, 1931, in respect of which the Governor's assent may be refused to legislation, except in so far as may be necessary to render discrimination against communities or religions impossible, is unnecessary and retrograde, and that the same should be repealed.

That provision for requiring the previous consent of the Governor or the Secretary of State for any class of legislation is objectionable in principle, calculated to subvert the authority of the legislature and should be withdrawn.

6. This Council declares that the enhanced powers granted to the Governor under the Ceylon (State Council) Order in Council, 1931, such as the power to enact laws himself, and to suspend laws passed by the Council are in derogation of the rights of the Legislature and reactionary in character and ought to be repealed.

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