Our independence and the transitional legislature

Miran Perera

It is widely accepted that Parliamentary democracy is a system of governance which has to evolve and grow taking into its fold the native realities and aspirations. It necessarily involves certain broad parameters of working and envisages certain principles and policies of public ethics as its functioning base.

The character and quality of Parliamentary democracy depend on the quality and calibre of persons who man the parliament. Their behaviour should be such as to enhance the dignity of Parliament and its members in general. The degree of esteem in which the people of a country hold its Parliament is a sign of the success and maturity of its democratic process.

On February 16th in 1796 the Dutch finally surrendered Colombo to the British forces. Thereafter the maritime settlements in Ceylon were first attached to the Madras presidency, and were administered through military governors.

Madras civil servants were brought to the island to carry on the civil government. Because in 1797 a formidable revolt among the people, the Secretary of State in England in order to avert the situation decided to place the country under the British Crown with the result Sri Lanka became a crown colony on the 12th of October, 1798.

Yet at this juncture of time our country did not have a significant legislative body such as the Parliament as we have now. It all began when the first British governor Frederick North later Earl of Guildford assumed office displacing Brigadier Fredrick de Meuron who was the military governor of the time.

The first step taken by Governor North as authorised was to nominate a council of advice and to form a civil establishment for the island. This Council was known as His Majesty's council and it was composed entirely of civil servants presided over by the Governor. It formed the legislature of the island.

Over the past many decades the face of our Parliament has undergone a dramatic transformation reflecting the socio-political development of the nation as a whole.

With our rich heritage spanning over two thousand years Sri Lanka has been a crucible of many cultures as also systems of governance. After achieving independence we opted for a parliamentary form of government. We have amply proved our inherent democratic credentials by successfully conducting as many as twelve general elections to the Parliament and many more to other legislatures.

In spite of many trials and tribulations democracy has struck deep roots in our country. The evolution of the present Parliament since the time of our independence is a fascinating tale. In 1832 two reports of the Colebrooke Commission presented made very important and far reaching recommendations, the majority of which were adopted.

One was the establishment of a legislative council. It was to ensure open discussion of public affairs and thus protect the people from laws affecting their rights, privileges, interests and liberties.

During this time 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.

Our post independence history tells us that much of the problems in the smooth functioning of the parliament arose when ruling parties behaved arbitrarily, tried to impose their will without discussions and considered dissent as anti-national and approached the issues with closed minds.

A new Royal commission known as the Donoughmore Commission was appointed during the governorship of Sir Herbert Stanley (1927-1931) to visit Sri Lanka and report on the working of the existing constitution and on any difficulties in administration which may have risen with it.

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 or the right to vote after 21 years of age and abolished communal representation in the legislature and made provision for the appointment of native Ministers.

The constitution recommended by the Donoughmore Commissioners in 1928 were revolutionary in certain aspects as it made the State Council to be elected by adult franchise.

The Soulbury Commission then arrived in Sri Lanka in December 1944 and submitted their report in 1945 recommending a new Constitution. The new constitution for Sri Lanka was contained in two sets of documents. (1) 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. With the gaining of Independence the ceremonial opening of the first Parliament of Sri Lanka on February 1948 was an occasion of great historical significance.

The Rt. Hon. D. S. Senanayake became the first Prime Minister and leader of the first Parliament constituted similarly more or less to the Westminster system of the British.

The ceremonial opening was performed by the Duke of Gloucester the brother of King George VI of England. This occasion not only makes the opening of a new session of a new Parliament but also to remember an event of the highest importance in the long and chequered history of the island.

Once again we were free and at liberty to enjoy the freedom so gained. The British Parliament presented to The House of Representatives a speakers chair and mace.

Parliamentarians are expected to seriously take up the basic questions and problems of the people and seek solutions to these problems through serious and sober debate.

It is accepted that the governments must govern but they will govern better if subjects to a scrutiny and criticism which is in fact performed by Parliament and this role cannot be organised in an unsystematic manner.

To make it systematic and thorough the procedural methods are necessary and the parliamentary control of matters realistically conceived is for the purpose of informing the electorate through inquiry debate and scrutiny of the administration. This process has an indirect but powerful effect on the electorate.

In the world parliaments are not seen as governments or rivals to governments but as political communication systems linking governments and electorates.

It is for this purpose that the various instruments of Parliamentary control have been devised and it is on the basis of the utilisation of these instruments by the members of Parliament that the true functions of Parliament could be realised for which the procedure has to be adjusted without them being diluted in their essentials.

On May 22, 1972 the Soulbury Constitution was abolished and a new Republic of Sri Lanka was established under a new constitution.

This Republican Constitution was replaced by another similar constitution drafted by the United National Party which came in to power in July 1977 and it still continues as the Democratic Socialist Republic of Sri Lanka and the Parliamentary system of government skill continues.

The members of the present Parliament have the solemn responsibility of launching our country in to a new horizon. They have to realise the ideals and goals enshrined in our constitution and to collectively endeavour to set new standards and reach higher levels of Parliamentary conduct. It is said that any institution is as good as its members choose to make it.

It is thus that the members have to live up to the people's expectations in heralding a new era in our Parliamentary polity. After more than half a century since gaining independence the nation usually wakes up to face February 4th like any other day.

Nowadays it is ushered in silently and quietly without much fanfare except for the pageantry organised by the State one does not experience a sense of elation or see excitement or joy on the faces of the people on this day which is a significant national day.

But just imagine how the people of our land would have felt on February 4th, way back in 1948. The great day of Freedom, the day of victory to our little nation which was under foreign rule for more than four centuries.