Looming Cold war between EP Councilors and Governor on its maiden statute

By M. M. Abul Kalam

(January 13, Colombo, Sri Lanka Guardian) The maiden statute of the Eastern Provincial Council (EPC) enacted early November is yet to get the assent of the EPC Governor. As a result the EPC is unable to implement the statute as scheduled with effect from 1/1/9. But the Governor instead of giving the assent has referred this to Attorney General. He has not referred it direct to the AG but through the President.

The governor seems to believe that the statute is inconsistent with the provisions of the Constitution. But the EP Councilors say that the statute is enacted purely on the subjects devolved to the provincial council in the schedule under the 13th amendment to the constitution.
According to article 154H (1) of the constitution, any statute made by a council shall come into force upon such statute receiving assent as provided in sub articles 154H (2), (3) and (4). The four sub articles of article 154H does not speak referring any statute to the President or the Attorney General.

The governor has three options under these articles. He may either give assent or refer back to the PC with his amendments. The PC with without the governor’s amendment may refer it back to the governor for his assent.

When the PC passes the statute for the second time probably without the amendment of the governor he is given the option to refer NOT to the Executive President or to the AG but he may refer it to the President of the Supreme Court that should mean and include the Chief Justice in my view. Article 154H (4).

He has to refer it to the SC within one month of passing the statute for the second time for a determination whether it is consistent or inconsistent with the constitution. If the SC determines that it is consistent, the governor SHALL give the assent. If it is inconsistent, the he SHALL withhold the assent.

What the governor has done to the maiden statute of the EPC is obviously inconsistent with the constitution in terms of the above articles of the 13th amendment. The governor’s delay in giving the assent has derailed the journey that the EPC was planning make with a kick start in the New Year.

The EPC has reached an important milestone in its journey towards acquiring maximum powers under the Constitution within a short period of its formation by passing this statute. The Council has taken all necessary steps to implement the provisions of this statute and to levy stamp duties and other allied revenues that could be levied by the Council with effect from 01/01/2009.

By the passage of this financial enactment the EPC has asserted its devolved power under the 13th Amendment of the Constitution for the first time. Exactly after 20 years of the establishment of the Provincial Council. The formerly merged Northern and Eastern Provincial Council could not even enact single provincial statute within its short life span of two years.

Already the EPC is granted a budgetary allocation of Rupees 1.4 billion. Comparatively this allocation is less than the budgetary allocation granted to other provincial councils. Hence the EPC is compelled to evolve a mechanism to increase its revenues on the devolved subjects under the 13th Amendment.

The EPC from assuming its duties after the provincial council election held in April this year has been agitating for the exercise of devolved powers by the Council under the Constitution.

Only two months ago a Senior DIG of Police in charge of the whole province was designated in terms of the 13th Amendment. This Senior DIG will be in charge of law and order in the province and will function under the Chief Minister of the Eastern Province.

Whilst the EPC Chief Minister S. Chandrakanthan from TMVP and Board of Ministers from UPFA are demanding its due powers to the EPC under the Constitution, another senior TMVP MP V. Muralitharan seems to be lobbying against it, according to media reports. The EPC should not suffer without its legitimate powers devolved under the Constitution merely on account of personal power politics between two aspiring individuals.

The financial statute enacted by the EPC recently is a right step in stabilizing the powers and functions of the EPC under the 13th amendment at a crucial time. There are several other statutes that this Council could enact and generate its own revenues on the devolved subjects. Registration of Motor vehicles under the eastern province has commenced even prior to the election of provincial political authority.

It is important to note that this enactment was passed at the EPC without any objection by the Opposition parties. The Opposition led by SLMC Chairman Mr. Basheer Segu Dawood has abstained from voting. The stand taken by the Opposition for the first statute of the EPC is encouraging. The Opposition of the EPC constituting of mainly the UNP and SLMC are pro-devolution parties. In fact these two parties always demand devolution of more powers than provided under the 13th Amendment. These parties upheld the same position when the provincial budget for 2009 was also passed.

16 members of the ruling UPFA voted in favor of the budget 2009 and the same numbers voted in favor of the first financial statute also. The single member of the EPRLF also abstained along with the UNP and SLMC members. The only member who voted against the budget and against the financial statute is the lone JVP provincial councilor from the Trincomalee district.

JVP is a party that went against the Indo-Lankan Accord and the 13th Amendment that established the provincial council, so the stand of the JVP is obvious. The EPRLF was the first party that reined the first Northern and Eastern Provincial Council in 1987. So the abstinence of the EPRLF is understandable.

Accordingly, the budget and the first financial statute were passed by a majority of 15 votes. The EPC has to enact more statutes on other powers devolved under the 13th Amendment as soon as possible.

When the Chief Ministers of 8 provinces met at the Chief Ministers’ Forum held in the middle of this year they unanimously decided to demand maximum powers devolved under the 13th Amendment from the Central Government.

The other 7 provinces in the country have enacted their provincial financial statutes nearly 15 years ago. Accordingly, they collect stamp duties and other revenues to the Council and have stabilized the financial status of those councils. There have better working relationship between the PCs and the Governors of the respective provinces.

The people of the Eastern province, the whole country and the international community eagerly wait for the successful functioning of the EPC without any bureaucratic or any other hindrance. The powers devolved to the EPC will be better tested only in the EPC.

This could be quoted as model to the Northern Provincial Council when the North is liberated and the provincial election is held next year as per the govt.’s plan.

Therefore, it is high time the looming cold war is brought to an end an the EPC and the governor work hand in hand in the interest of the people of the East.

The EPC should not suffer on account of undue delay any more and must be allowed to enact the other important statutes that it plans to enact and make it operative from the beginning of the New Year. - Sri Lanka Guardian