Prelude to Independence

by Aryadasa Ratnasinghe

The Portuguese ruled the maritime settlements of the island for 153 years (1505-1658), the Dutch for 138 years (1658-1796) and the British for 19 years, until the capture of the Kandyan kingdom and signing the Kandyan Convention on March 2, 1815. Thereafter, they continued to rule the whole island up to 1948, as colonial administrators under the British Crown, until the country gained Independence on February 4, 1948, after 443 years of foreign domination.

On February 16, 1796, Colombo was surrendered to the British forces and after capitulation, the country was placed under the Government of Madras and the administration was entrusted to brigadier-general Pierre Frederic de Meuron, assisted by three civil officers stationed in Colombo, Galle and Jaffna.

The sovereignty of Sri Lanka and the government were vested in the British Crown and until further provisions were made for the administration of the country, Frederick North arrived in the island on October 12, 1798 and assumed duties as the King's representative responsible for the Home Government in England. Among other things, he was advised to look into matters connected with trade and commerce. On January 1, 1802, Sri Lanka became a Crown Colony under the Colonial Office in England.

On April 11, 1829, there arrived in Sri Lanka, Lieut. Col. William Macbean Colebrooke,and along with him came Charles Hay Cameron. Both were commissioned by the Home Government to inquire into and report on the administration of the government and on the judicial establishments and procedures of the country. According to William Digby of the Colonial Office, the immediate occasion for the appointment of the Royal Commission, was the financially disastrous situation of the Colony, under the Governorship of Sir Edward Barnes.

The Commission strongly recommended a series of reforms, including the abolition of land tenure by personal service ('rajakariya'), the establishment of Legislative Council and an Executive Council and an independent judiciary and opening the doors of the public service to all classes of the native population, according to their qualifications. Governor Barnes strongly condemned the report of the Commission when nationals were allowed to enter the Ceylon Civil Service, which was a prestigious position exclusively enjoyed by Europeans.

Another important recommendation made by the Colebrooke Commission had far-reaching effects. The first and foremost was to amalgamate the Kandyan and Maritime provinces into one unitary government with an uniform administration, because the maintenance of two separate states was considered most unpolitic, but only conducive to the benefit of the chiefs, though detrimental to the Kandyan people. Next was the division of the island into five provinces with Colombo, Kandy, Galle, Jaffna and Trincomalee as capitals, for easier administration.

The demand for an effective participation in the government of the Colony and the introduction of the elective principle, in filling the seats of the Legislative Council, became more insistent. Chief among the causes that contributed to a desire for reforms, in the existing Council, were the spread of bilingual education, the increase in wealth of the people consequent to the formation of a leisured class, the growth of public opinion aided by a powerful press and general awakening of the people to exert their political rights.

The immediate impetus of the clamour for reforms came as a result of hostility towards the British administrators, consequent on the severity of the repressive measures adopted under the Martial Law, which was imposed when civil riots broke out in Kandy in 1915, during the governorship of Sir Robert Chalmers, between the Buddhist and Muslim communities. It rose from a petty incident in Gampola town when the Muslim traders decided not to allow any procession of Buddhists, to disturb worship at their mosque by the noise of flutes and drums. The Buddhists, on their part, were equally determined that the procession should follow its accustomed route, with drumming and dancing. Feelings ran high on both sides resulting in a pandemonium and hooligans seized the occasion to loot shops and cause havoc in the town.

The Secretary of State for Colonies, Eardley Norton, took a serious view of the uprising and recalled the governor Chalmers, a distinguished British Civil Servant, back to England and the vacancy was filled by the appointment of Sir John Anderson as governor in Sri Lanka.

Soon after, in 1920, a new Order-in-Council appeared. It had the appearance of being liberal in outlook, but, while erecting a facade of representative government, in actual fact, it preserved the dominance of the Colonial government under pseudo-democratic forms, and gave no real power to the Council. A new Legislative Council met in June 1921. It was about this time that ethnic split arose when the Tamils broke away from the National Congress and supported the demand for reserved seats for Tamils in the legislature, despite promises made by the Congress that it would look into their grievances with justice. The real causes were, however, deeper than ethnic feelings and rose principally over the struggle for avenues in the Public Service and for a proportionate share of whatever political power passed into the hands of the people, without racial discrimination.

The political strategy of the Tamils, naturally, underwent a change. They now began to join other minorities and to flirt with the British government for support of their demands and their tactics took the form of withdrawal of the support they had so long given to the policy of territorial representation, which they felt gave the Sinhalese a definite advantage over them. It did not take long for the people to realise that the Constitution of 1924, would never work satisfactorily.

In 1931, the Donoughmore Commission was appointed, "to visit Sri Lanka and report on the working of the existing Constitution and on any difficulties of administration, which may have arisen in connection with it, to consider any proposals for the revision of the Constitution that may be put forward and to report what, if any, amendments of the Order-in-Council now in force should be made".

In October 1941, the Colonial Government issued a Declaration, recognising the urgency and importance of constitutional reforms and suggesting that the possibility would be examined after the War. The Donoughmore Commission drew the conclusion that the further development of constitutional reforms for Sri Lanka, must be on the road to responsible government. The Donoughmore Constitution gave Sri Lanka internal self-government with an elected State Council to further the advance towards full self-government.

There followed a period of rather uncertain exchange of views, between the political leaders of the country and the Colonial authorities, culminating in the appointment of a Commission with Lord Soulbury as Chairman and assisted by Sir Frederick Rees and Sir Frederick Burrows, to examine the proposals of the Ministers for self-government. Shortly after the completion of the Soulbury Commission report, Sri Lanka received her independence by the Independence Act of 1947, passed in the House of Commons in England.

It is interesting to note some historical facts that took Sri Lanka on the road to Independence. A series of motions were placed before the State Council by the Legal Secretary, J.C. Howard, to enable the proposals of the governor, Sir Andrew Caldecott, to discuss constitutional reforms. A Bill titled 'An Ordinance to provide a new Constitution for Sri Lanka, known as the Free Lanka Bill, was introduced in the State Council on January 19, 1945. The Bill was then referred to a Committee of the whole House and passed by a majority of 33 votes.

On July 17, 1945, a message from the Governor was read in the State Council, intimating that the Secretary of State for the Colonies felt unable to advise His Majesty the King of England to assent to the Bill to Provide for a new Constitution. The Council protested against the rejection as a denial of the rights of the people to freedom and to determine their own Constitution.

D.S. Senanyake, Minister of Agriculture and Lands and Leader of the State Council, on his return from England, having discussed reforms, moved in the State Council that His Majesty's Government has deferred the admission of Sri Lanka to full Dominion Status, but in view of the assurance contained in the White Paper of October 31, 1945, such status may be attained in a comparatively short time. Accordingly, formal announcement was made that February 4 would be the 'Appointed Day' under the Ceylon Independence Act. On February 4, 1948, Sir Henry Monck-Mason Moore, was sworn in as the new Governor-General under the Constitution. The Colourful opening of Parliament in the Assembly Hall in Torrington Square was done on february 10, 1948, by HRH the Duke of Gloucester, which coincided with the hoisting of the Lion Flag over the 'pattirippuwa' at the Dalada Maligawa in Kandy.

The Duke, as representative of his brother, King George VI of England, conveyed the following message from the King. "I know that my people in Ceylon are read to make a full and rich contribution to the association of free peoples, and 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. May God bless you all and guide your country through the years that lie ahead".

On May 22, 1972, the Soulbury Constitution was abolished and a new Republic of Sri Lanka was established under a new Constitution. On August 31, 1978, this Constitution was replaced by another Republican Constitution (The Democratic Socialist Republic of Sri Lanka) which still exists.

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