Wednesday, 3 December 2003  
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Amended recommendations to the constitution of Sri Lanka

by the National Democratic Party

Our party recommends that people of Indian origin have representation in the Parliament at least in 22 electoral seats and in such seats only people of Indian origin be elected.

In 1948 the people of Indian origin were deprived of their Sri Lankan Citizenship as well as their voting rights and thereafter they did not have proper representation in the Parliament. To solve this problem we urge that 22 seats be reserved for this community.

Clause 12/1 and 2 of Sri Lankan Constitution of 1978 guarantees equal protection by law and practices without any distinction. In keeping with this principle our representation in the Parliament is not available after 1st Parliament in 1947.

Deprival of rights to representation in the Parliament after enactment of Citizenship Act in 1948, our representation in the Parliament can be ensured only by creating reserved seats for the people of Indian origin.

In 1978 Constitution Government's obligation under Clause 27/6, State is obliged to provide equal opportunities for all citizens of Sri Lanka irrespective of race, religion, caste, sex, political opinion or occupation.

Therefore we will enjoy benefits of this clause by providing reserved seats.

The Soulbury Commission Report provided a member to the Parliament for 25,000 voters. On this basis, we request that reserved seats be created for the persons of Indian origin in areas where 30,000 and more voters are resident. As such we identified the following areas.

On the recommendation of the Soulbury Commission Report 10 candidates of Indian origin contested in 10 electoral districts namely Badulla, Haputale, Nuwara Eliya, Talawakelle, Kotagala, Nawalapitiya, Maskeliya, Matale, Maturata and Aluthnuwara. 07 candidates were elected in the districts namely Badulla, Nuwara Eliya, Kotagala, Talawakelle, Maskeliya, Nawalapitiya and Aluthnuwara.

Out of the 95 elected members to the Parliament, 07 of the Indian origin were elected as stated herein. The Indian origin voters supported the Leftist candidates in Ruwanwella, Dehiowita, Kandy, Colombo Central and similarly in the other places as well.

Consequent to the deprival of the voting rights from 1948 to 1977 the persons of Indian origin did not have elected representatives except members nominated by the ruling parties. Nuwara Eliya and Maskeliya electorates were combined and provided 03 multi member seats.

Thereby it was the Soulbury Commission report providing a member for an area of 1000 sq. miles was contravened.

Although the proportional representation of voting system was enacted by Act. No. 99 of Chapter 15 of Sri Lankan Constitution of 1978 the people of Indian origin have not been benefitted in any way by this change of enactment.

For an example in 2001, 05 members of Indian origin were elected to the Parliament. However in 2002 this was reduced to 03 members. Therefore it is impossible to have proper representation for the persons of Indian origin. Hence we wonder how far it will be possible to have representation in areas where there are less number of voters of Indian origin.

The Soulbury Commission recommended multi member seats in 1947 to help the persons of Indian origin in particular as well as the other minority communities in general. To ensure representation of persons of Indian origin, 23 seats mentioned in our report be considered as seats reserved.

Our recommendation is to solve the problems of the persons of Indian origin which should not be construed as privilege but as fundamental rights.

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