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FORLIC RECORD OFICE

Reference

TLC.O.882/12

COPYRIGHT PHOTOGRAPH-NO1 TO|

RI

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE REPRODUCED PHOTOGRAPHIC-

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MEMORANDUM ON THE WORKING OF THE PRESENT CONSTITUTION.

The present Constitution is the outcome of recommendations contained in the Report of the Special Commission on the Ceylon Constitution. It is not the purpose of this memorandum to criticize the Report or to animadvert on the wisdom or un- wisdom of accepting the reform proposals of the Commissioners subject to minor modifications made by Lord Passtield's despatch of 10th October, 1929. It must, however, be noted that there was and is a considerable and influential body of public opinion in the country that the scheme is not acceptable as falling far short of full responsible government. Apart from this main objection, other objections raised to the scheme were, inter alia, (1) the grant of unnecessarily enhanced powers to the Governor, (2) the creation of the Committee system, (3) the abridgement of the powers of control of the purse exercised by the Council, and (4) the absence of provisions for the revision of the Constitution after a specified period of time. The outstanding features of the proposed Constitution which were regarded by certain sections of the public as valuable assets in shaping the future political advancement of the country were the distinct advantages to be gained by (1) the abolition of communal represen- tation, (2) the transfer of Executive authority, to elected representatives of the people, (3) the grant for the first time of the power of initiation, however limited in scope, arising from the creation of seven Ministries responsible to the Legislature, (4) the grant of universal suffrage, and (5) the acceptance of "domicile " as the standard test for inclusion in the register of voters. It was recognized that the proposed Con- stitution was a temporary one, and that therefore, in the transitory stage of Ceylon's political career, the advantages offered by the scheme might be utilized as a vantage- ground from which it may be possible to advance towards full self-government. The tone of Lord Passfield's despatch wherein the admission was made that "the scheme is a novel one and its adoption is admittedly in the nature of an experiment " and the statement made by Sir Herbert Stanley in his despatch that it would be fair, however, to recognize that diffidence in regard to the Committee System had been strongly felt and emphatically expressed, and that an eventual failure of a genuine attempt to overcome its difficulties would not necessarily imply unfitness for self- government contributed, in no small measure, to the ultimate decision in favour of the acceptance of the scheme; and the scheme of reforms was, after a full and protracted debate in the Legislative Council, accepted on 12th December, 1929. by a majority of two votes (19 to 17).

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2. The State Council.-The Ceylon (State Council) Order in Council, 1931, was then passed on 20th March, 1931, and the newly constituted State Council met on 8th July, 1931. The most striking feature of the new Constitution was the power of the State Council to deal with administrative as well as legislative matters, but its exercise of executive functions, however, was limited to the administration of subjects and functions of Government not allotted to the State Officers. The Depart- ments of Government were arranged into ten groups in charge of Ministers, of whom seven were elected Members of the Council and the remaining three were Public Officers who are ex officio Members of the Council and styled "Officers of State." The Council, excluding the Speaker, Deputy Speaker, Deputy Chairman of Com- mittees, and the three Officers of State, was divided into seven groups styled Executive Committees associated with each of the seven elected Ministers in the administration of the departments allotted to the State Council The Officers of State had no Members of the Council associated with them in the administration of their Departments. The old Executive Council which acted in an advisory capacity to the Governor was abolished, and a Board of Ministers performing different functions was created. It was composed of the seven elected Ministers and the three Officers of State, and had ultimate collective responsibility for the annual Budget and Estimates, Supplementary Estimates and consequential financial measures. The appointment, promotion. transfer, dismissal, and disciplinary control of public officers was vested in the Governor (with power of delegation to Heads of Government Departments), and the Order in Council contains clauses for the protection and preservation of their con- ditions of service.

3. Duties and Powers of Ministers and Executive Committees. Constitution the duties and powers of elected Ministers and their Executive Com- Under the mittees are:-

(1) The preparation of the annual estimates of expenditure of the Depart- ments under their control for submission to the Board of Ministers.

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(2) Similarly, the preparation of Supplementary Estimates.

The consideration of executive business and decision on matters of policy relating to their own subjects and functions whether laid before them by their Chairmen or by private members or referred to them by the Council. or the Board of Ministers.

(4) The considération of proposed legislative measures falling within their

scope.

Decisions of Executive Committees involving directions to any Government Department concerned with subjects or functions in the Committee's charge are sub- ject to the prior or subsequent approval of the Council and the ratification of the Governor.

A Minister acts as the monthpiece of his Executive Committee and has no stand- ing of his own apart from his Committee.

4.

Duties and Powers of the Officers of State.-The duties of the Officers of State are similar to those of Ministers and their Executive Committees in so far as their own subjects and functions are concerned, but their decisions are not reported to the Council for its approval.

5. Duties and Powers of the Board of Ministers.--The Board of Ministers is in the position of a Committee of management of the finances of the Island and the busi- ness of the State Council. It is in no sense a Cabinet.

6.

(1) It regulates the order of business for the State Council both in executive

and in legislative session.

(2) It determines the procedure by which matters which concern more than

one Standing Committee could most conveniently be arranged.

(3) It has ultimate collective responsibility for the presentation of the annual Budget and Estimates, and Supplementary Estimates, affecting all Depart- ments of Government, to the State Council. No financial measure can be introduced in the State Council except by a Member of the Board and with the approval of the Board of Ministers.

Powers and Duties of the Governor.-(1) The Governor possesses the general right to make laws with the advice and consent of the Council and to refuse or reserve assent to Bills passed by the Council, but he should not normally exercise this right unless the Bills contain provisions of such a character as to bring them within the categories of Bills to which he is bound to refuse or reserve assent. He has also

the power to postpone the operation of any Bill for a period not exceeding six months, or to return a Bill to the Council for further consideration, or when a Bill involves an important question of principle to require that it be passed by a two-thirds majority of the Council.

(2) The Governor is vested with powers to enact laws himself or to give any effect to any motion, resolution or vote without the assent of the Council if the Council refuses its co-operation in matters which he considers of paramount importance to the public interest, or essential to give effect to any of the provisions of the Order in Council. Certain emergency powers are also vested in him under Article 49 (1).

(3) The Governor has the power to ratify or decline to ratify reports of Executive Committees approved by the State Council or otherwise deal with such reports in the same manner as with Bills passed by the Council.

(4) The appointment, promotion, transfer, dismissal, and disciplinary control of public servants is vested in the Governor under the Constitution as before.

7. Public Services Commission. This is composed of the three Officers of State and acts as a permanent body, advising the Governor in the powers conferred upon the Governor in the appointment, promotion, transfer, dismissal, and disciplinary control of public officers.

8. Secretary of State.—(1) The exercise of the reserve powers of the Governor in enacting laws or in giving effect to motions, resolutions, or votes (without the assent of the Council) considered to be of paramount importance to the public interest, or essential to give effect to any of the provisions of the Order in Council, is subject to revision by the Secretary of State.

(2) When the decision of an Executive Committee approved by the Council is submitted to the Governor for his ratification he may, instead of ratifying or refusing to ratify the report, refer the same to the Secretary of State for his final decision.