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A historical review of the independence

by Aryadasa Ratnasinghe

The last Sinhala king to rule Sri Lanka was Sri Vira Parakrama Narendrasinha (1706-1739), who was known as Kundasale Rajjuruvo. After his death, Malabari kings from South India, who were Hindus, ruled the Kandyan kingdom for 76 years. However, the maritime settlements of the island were administered by the Portuguese for 153 years (1505-1658), by the Dutch for 138 years (1658-1796) and by the British for 19 years (1796-1815). After capitulation of the Kandyan kingdom in 1815, they ruled the whole country, until Sri Lanka gained her Independence on February 4, 1948, and became a Republic on May 22, 1972. Today, we commemorate the 55th year of Independence.

In 1829, Major W. M. C. Colebrooke came to Sri Lanka, having been appointed by a Royal Commission by King George IV of England, "to examine into all laws, regulations and usages of the maritime settlements of the island, and into every other matter connected in any way, with the administration of the civil government". He was followed by another Royal Commissioner, C. H. Cameron, who was directed "to report on judicial establishments and procedures which existed in the country".

The appointment of the Colebrooke Commission was due to the financial failure of the government, because, year after year, the revenue could not meet the expenditure.

On the other hand, the government under Sir Edward Barnes (1824-1831), was found to be arbitrary, weak, unjust, oppressive, the administration of justice defective, trade badly depressed due to state monopolies and people were reduced to destitution and subjected to compulsory labour, ('rajakariya'). Power of the colonial governors varied from time to time, and up to 1830, they were almost despots, and could imprison people or banish anyone out of the country, without trial.

The exercise of these powers was considered unjust and unreasonable.

Two reports of Colebrooke Commission, presented in 1832, made very important and far-reaching recommendations, the majority of which were adopted. Among them, the first was the merger of the Kandyan kingdom with the maritime provinces, to form a unitary government, with equal administrative authority, and to divide the island into five provinces with Colombo (West), Kandy (Central), Galle (South), Jaffna (North) and Trincomalee (East), as their capitals.

The second was the establishment of Executive and Legislative Councils.

The Executive Council was to control the Acts and Proceedings of the Governor, and the Legislative Council was to ensure open discussion of public affairs, and thus protect the people from laws affecting their rights, privileges, interests and liberties.

The Commission also recommended the total abolition of compulsory labour, abolition of monopolies, abolition of the caste system, the admission of natives to the Ceylon Civil Service, which was exclusively for the Europeans.

The establishment of schools for the education of children, and the encouragement of the freedom of the press were also regarded important moves for the progress of the country.

The Commissioner Cameron recommended complete independence of the judicature, the removal of the distinction between courts of law in the Kandyan and the maritime provinces, the extension of jurisdiction to all courts, without any distinction, the establishment of a Supreme Court with right to appeal to the Privy Council in England, and District Courts to supersede all existing courts in the island.

Now, the demand for effective participation in the government, and the introduction of an elective principle, for the filling of seats in the Legislative Council, became more insistent than before. Among the causes that contributed primarily to the desire for a reformed constitution, were the spread of education, the increasing wealth of the people, consequent to the formation of an elite class, and generally, awakening of the people to exercise their human rights and other customary liberties.

The Reforms Commission of 1912, did not, in any appreciable measure, satisfied the political aspirations of the Sinhalese and the Tamil middle-class communities, who formed the backbone of the Reform Movement.

The agitation for reforms continued unabated, with the passage of years.

The immediate impetus of the clamour for reforms was the hostility towards the British, specially, consequent on the severity of the pressure, most repressive, adopted under the Martial Law imposed during the 1915 riots, between the Sinhalese and the Muslim communities, which sparked off in Kandy on May 28 and lasted until August 31, during the governorship of Sir Robert Chalmers (1913-1916). The Governor was immediately called back to England for his inefficiency in curbing the riot.

In August 1920, a new Order-in-Council appeared.

At the outlook, it had the appearance of being liberal, but, in fact, it preserved the dominance of the governor under pseudo-democratic form, and gave no real power to the people to make independent decisions. It only gave extra-ordinary powers to the Governor, and he could even stop the discussion of any Bill or Resolution, limit the time of any discussion or suspend unofficial members at will, if he so desired, using his autonomous authority.

It did not take long for the Constitution to breakdown from its very inception. The public opinion was that it would never work satisfactorily.

Hence, a new Royal Commission, known as the Donoughmore Commission, was appointed, during the governorship of Sir Herbert Stanley (1927-1931), to visit Sir Lanka, and report on "the working of the existing Constitution, and on any difficulties in administration, which may have arisen with it".

The Donoughmore Commissioners found that the principal defect in the existing Constitution, was the result of a breach between the Legislative and Executive Councils, which was inherent in the Constitution itself.

The Governor, Sir Herbert Stanley, was able by his wit and tact, to support the Donoughmore Constitution, which introduced adult franchise (the right to vote after 21 years of age), abolished communal representation in the Legislature, and made provision for the appointment of native Ministers. From a diagnosis into the defects of the existing Constitution, the Donoughmore Commissioners drew the conclusion that "further constitutional development must be on the road to responsible government".

This was the first hint for freedom made during the colonial regime.

The Donoughmore Constitution was designed to provide the training ground for the future when the country would be able to run her own affairs independently. This Constitution, which came into force in 1931, "gave Sri Lanka internal self-government, with an elected State Council".

It was largely characterised by attempts to introduce amendments to the earlier Constitution, and further the advance towards full self-government.

In October 1941, the Government in England, issued a Declaration, recognising the urgency and importance for constitutional reforms for Sri Lanka, and suggested that the position would be examined after the World War (which ended in 1945).

By the Declaration of 1943, it was made clear that post war examination for reforms would be directed towards granting Dominion Status to Sri Lanka, by Order-in Council, of full responsible government under the British Crown, in all matters of internal civil administration, subject to certain conditions.

The Board of Ministers, at once, made a statement setting out with clarity, how they understood the offer, and stating that they were proceeding to prepare a new constitution, according to their interpretation.

There followed a period of rather uncertain exchange of views between the Sri Lankan leaders and the Colonial authorities in England, culminating in the appointment of a new Commission with Lord Soulbury as its Chairman.

Sir Henry-Monck Mason Moore, the governor, was briefed by Oliver Stanley, the Secretary of State for Colonies, in regard to the proposed constitutional reforms. The Soulbury Commission arrived in Sri Lanka in December 1944, and submitted their report in 1945.

Besides Lord Soulbury, there were two other who were assigned with the task. They were Sir Frederick Rees, Principal of the University of South Wales, and Sir Frederick Burrows, President of the National Union of Railway men (later Governor of Bengal).

The new Constitution was to provide full opportunity for consultation to take place with various interested parties, including the minority communities, concerned with the subject of reforms.

The new Constitution for Sri Lanka was contained in two sets of documents, i.e., the Ceylon Independence Act, 1947, and the Orders-in-Council of 1947, known collectively as the Ceylon (Constitutional and Independence) Orders-in-Council, 1947. These documents contained the legal powers for full Dominion Status, meaning that Sri Lanka had, after years of subjugation to foreign rule, emerged as a free nation within the British Commonwealth of Nations.

The final draft of the new Constitution was prepared by the legal advisers to the Secretary of State, of whom Sir Kenneth Roberts-Wray was the chief. They were assisted by two officials from Sri Lanka, i.e., Sir Barclay Nihill, the Legal Secretary, and Sir Oliver Goonetilleke, the Financial Secretary.

The Constitution was assented to by the King of England, after approval by the King's Counsel on May 15, 1946.

The ceremonial opening of the first Parliament of Sri Lanka, on February 10, 1948, was an occasion of great historical significance.

Formal announcement was made that February 4 would be the 'Appointed Day' under the Ceylon Independence Act, 1947. The ceremonial opening was performed by HRH the Duke of Gloucester (the brother of King George VI of England), who arrived in the island to participate in the opening ceremony, accompanied by the Duchess of Gloucester. The Duke delivered his speech from the Throne, while Sir Oliver Goonetilleke, Leader of the Senate, and Hon. S. W. R. D. Bandaranaike, Leader of the House of Representatives, spoke on behalf of the two Houses. The Duke, as representative of his brother, conveyed the following message from the King.

"I know that my people in Ceylon are ready to make a full and rich contribution, to the association of free peoples, and I am confident that you will carry your responsibilities ably to this end.

My good wishes go out to you on this great day, and I pray that Ceylon may enjoy peace and prosperity in full measure in the years to come. May God bless you all". (Had he been alive today, he would think that his judgment was wrong and his prediction false).The Rt. Hon. D. S. Senanayake, Prime Minister and Leader of the State Council spoke saying "Today we celebrate a momentous event in the history of the island. It will mark the birth of our freedom.

To my countrymen I would say that the dawn of freedom has just begun and so strive hardly to the opportunities that lie ahead".

Hon. S. W. R. D. Bandaranaike, Leader of the House, spoke thus: "I have the honour to thank you (the Duke) for opening the Parliament.

This occasion not only makes the opening of a new session of Parliament but also to remember an event of the highest importance in the long and chequered history of the island. Once again we are free and at liberty to enjoy the freedom so gained".

At 7.30 a.m. on February 4, 1948, Sir Henry Monck-Mason Moore, whose office as Governor ceased to exist by midnight, took his oaths as Governor-General of Sri Lanka.

The British Parliament presented to the House of Representatives, a Speaker's Chair and Mace. This is how we won our Independence from the British Raj, we commemorate on February 4.

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