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The Devolution of Government in Sri Lanka:Legal Aspects of the Relationship Between Central and Local Government an Historical A

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The Devolution of Government in Sri Lanka:Legal Aspects of the Relationship Between Central and Local Government an Historical A THE DEVOLUTION OF GOVERNMENT IN SRI LANKA:LEGAL ASPECTS OF THE RELATIONSHIP BETWEEN CENTRAL AND LOCAL GOVERNMENT AN HISTORICAL AND COMPARATIVE STUDY A THESIS SUBMITTED TO THE UNIVERSITY OF LONDON AS AN INTERNAL STUDENT OF THE SCHOOL OF ORIENTAL AND AFRICAN STUDIES FOR THE DEGREE OF DOCTOR OF PHILOSOPHY. SHIRANI ANSHUMALA BANDARANAYAKE JANUARY 1986 ProQuest Number: 11010518 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010518 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract In the context of recently accentuated communal divisions in Sri Lanka,the thesis seeks to examine how far present schemes for the decentralisation of Government provide for a degree of local autonomy which may be sufficient to accomodate divisive and S£C.£.£>£ionist tendencies. The question is approached through an analysis of the legal elements In the relationships between the central and local government authorities,traced through the historical evolution of the law from ancient times and specially from the early colonial period. The thesis contains eleven Chapters including a general introduction and a conclusion and is divided into three parts. Part One examines the historical aspect of the central-local government relations,with special reference to developments in relations during the colonial and the independence periods. Part Two discusses the legal aspects of the relationship between the Central Government and local authorities,while the era of decentralised administration, and the developments which it introduced in central-local government relations are evaluated in Part Three. The second Chapter attempts to analyse the relationship which existed between the ancient Central Government and local government institutions,such as the Gamsabhawas (Village Councils) and the Rata Sabhawas(District Councils).Chapter Three discusses the developments in central- local government relations as well as in local government institutions during the period 1856 to 1928;while Chapter Four is mainly based on an analysis of the developments during 1928 to 1948 and in the aftermath of independence. The fifth Chapter analyses the powers of the Central Government of the country during this latter period. In Part Two legal aspects of the relationship are discussed. Chapter Six examines the role of the administration with regard to the Central Government and the local authorities of the country while Chapter Seven analyses the role of the courts in central-local government relations. Chapter Eight discusses the impact of finance in central-local government relations. The final Part,which discusses the current era of decentralised administration in Sri Lanka,demonstrates analytically the various political attitudes towards the decentralisation of the administration and the establishment of Development Councils in 1981. The extent of decentralisation in the field of local government by the introduction of Development Councils is assessed and it is argued that the newly introduced Development Councils are under the' direct control of the Central Government.An attempt is made to identify the role of the Development Councils in strengthening the relations between the majority Sinhalese and the minority Tamils in the island;the conclusion is that these Councils could contribute significantly to the improvement of communal relations if the Government sees fit to grant them the full measure of powers anticipated by the legislature. Some minor reforms are identified as essential for the creation of better relations between the Central Government and the local authorities in Sri Lanka. The thesis is mostly based on Sri Lankan experience.However, when appropriate,it has analysed comparatively the particular aspects of local government in other countries,especially in England and India. iv Contents Acknowledgement x Table of Diagrams,Maps and Tables xii PART I.THE DEVOLUTION OF GOVERNMENT:ANCIENT TO THE MODERN PERIOD Chapter 1.INTRODUCTION 2 I .Sri Lanka •* •• « « •• • » 3 l.Its situation,area and climate 3 2 .Population,population density and ethnic and religious composition 6 II.The role of local government in Sri Lanka 8 III.Sources 14 VI.The organisation 15 2.PRELUDE TO THE BEGINNING OF MODERN LOCAL GOVERNMENT IN CEYLON/SRI LANKA 18 I.The ancient period 21 1.The Central Government 22 2.The local government .. 29 II.The Portuguese,Dutch and the early British periods .. 43 1.The Portuguese period 44 2.The Dutch period 50 3.The early British period:1796-1836 53 3.DEVELOPMENTS IN LOCAL GOVERNMENT WITH SPECIAL REFERENCE TO THE DEVELOPMENTS IN CENTRAL-LOCAL RELATIONS:PART ONE,1856 to 1930 60 I .Developments in local government:1856-1930 62 1.The recommendations by the Colebrooke-Cameron Commission 62 2.The Paddy Lands Irrigation Ordinance .. 64 3.The developments of local government in England 72 II.Some salient features in the development of local government during 1861-1930 73 1.Public Thoroughfares Ordinance 74 2.The Municipal Councils Ordinance 78 3.Village Communities Ordinance 84 III.Developments of local government in England: its1' influence in British Ceylon 90 1.Local Boards of Health and Improvement 92 2.Small Towns Sanitary Boards Ordinance 93 Concluding remarks 105 v 4.DEVELOPMENTS IN LOCAL GOVERNMENT WITH SPECIAL REFERENCE TO DEVELOPMENTS IN CENTRAL-LOCAL RELATIONS: PART TWO,1928-1983 .. .. .. .. ..108 I.The period leading to independence:1928-1948 109 l.The Donoughmore Commission 110 i.The position of the Central Government 111 ii.Reform of the Central Government 114 iii.The recommendations made by the Donoughmore Commission and the reforms in local government 118 a.The Donoughmore recommendations 119 b .Implementation of the Donoughmore recommendations 122 c .Developments in local government:1931-1948 .. 125 c(i).The amendments to the Village and Municipal Councils Ordinances .. 126 c(ii).The establishment of Urban and Town Councils 129 c(iii).The enactment of the Local Government Service Ordinance,the Local Authorities Elections Ordinance and the Local Government(Administrative Regions) Ordinance 134 II.The post-independence period:1946-1984 138 1.1946-1948:The eve of independence 138 2.1948-1983:Consolidation of independence 140 i.Developments in local government between 1948 and 1955 142 ii.The aftermath of the Choksy Commission 146 iii.The era of decentralised administration: The establishment of Development Councils 155 Concluding remarks 158 5.THE ROLE OF THE CENTRAL GOVERNMENT IN CONTROLLING LOCAL ADMINISTRATION 161 I.The ministerial and departmental administration of local government 162 1.The Kachcheri administration 163 i.Introduction 163 ii.The role of the Government Agent in relation to local authorities 166 2.Departmental administration 168 i.Introduction 168 ii.The Ministry and the Department of Local Government 171 IliThe other agencies concerned with local government 179 1 .Local - Government Service Commission 180 i.Introduction 180 ii.Local Government Service Advisory and Disciplinary Boards 184 2.Local Loans and Development Fund 185 vi III.A comparative analysis regarding the extent of centralisation .. 189 1.The English educational administratve structure 190 2.The Sri Lankan educational administrative structure 199 i.The system of education under the Central School Commission 200 ii.The system of education under the Department of Public Instruction 202 iii.The system of education under the Education Ordinance,1939 207 Concluding remarks 215 PART II.LEGAL ASPECTS IN CENTRAL-LOCAL RELATIONS Chapter 6.THE ROLE OF THE ADMINISTRATION IN CENTRAL-LOCAL RELATIONS .. .. .. .. .. 219 I,.Legislative supervision:Control of by-laws .. 221 1.Approval by the Minister and confirmation by Parliament .. .. .. .. 225 2.Standard by-laws .. .. .. .. 227 II.Executive controls:The inquiries and investigations .. .. .. .. 229 1.Recommendations and approvals granted by the Minister .. .. .. .. .. 229 2.Inquiries and investigations conducted by the Minister .. .. .. .. 236 III.Dissolution of local authorities and removals of Mayors/Chairmen and councillors .. .. 240 1.Dissolution of local authorities .. .. 240 2.Removals of Mayors or Chairmen by the Minister .. .. .. .. .. 247 Concluding remarks .. .. .. .. 256 7.THE ROLE OF THE JUDICIARY IN CENTRAL-LOCAL ' / J ! : RELATIONS .. .. .. .. .. 259 I.The legal status of local authorities .. .. 261 Ii.The role of the courts .. .. .. 263 Iii.The doctrine of ultra vires .. .. .. 270 1.Application of the doctrine of ultra vires: Substantive ultra vires .. .. .. 272 2.Application of the doctrine of ultra vires: Procedural ultra vires .. .. .. 284 IV.Judicial review .. .. .. 289 l.The attitude of the courts towards a decision of the Minister:Durayappa v Fernando .. 293 i.The question of locusstand"! . .. 294 ii.The I.R.C. case .. .. .. 298 vii 2.The inadequacies and weaknesses in the process of judicial review .. .. .. 306 Concluding remarks .. .. .. .. 312 8.THE IMPACT OF FINANCE IN CENTRAL-LOCAL RELATIONS .. 313 I.The problems in central-local financial relations and
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