Sri Lanka and its Democracy

A Historical Overview

Sri Lanka, an island nation with a rich cultural, religious, and ethnic diversity, has experienced a dynamic and evolving political landscape. From the colonial era to modern-day governance, Sri Lanka’s journey toward democracy is marked by significant constitutional developments and electoral reforms. This article explores the major constitutions from 1833 to 1978, their amendments, and the critical role of proportional representation (PR) in ensuring that all communities, especially minorities, have a voice in the country’s political process.

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The Colebrooke-Cameron Reforms (1833): Laying the Foundations

The Colebrooke-Cameron Reforms of 1833 were the first significant attempt to formalize governance in Sri Lanka under British rule. These reforms unified the administration and established the Executive and Legislative Councils, marking the beginning of a centralized colonial administration.

• Significance: The Legislative Council, though largely advisory and dominated by British officials, was a crucial first step toward involving locals in governance. However, representation was limited to the elite, leaving the majority of the population, particularly the Sinhalese and Tamil communities, without a significant voice.

The Legislative Councils (1920 & 1924): Gradual Expansion of Representation

Following the Colebrooke-Cameron Reforms, the early 20th century saw further developments in Sri Lanka’s political structure. The Legislative Councils of 1920 and 1924 gradually expanded representation to include more elected Ceylonese members, reflecting the growing demands for self-governance.

• Significance: The reforms of 1920 introduced a limited number of elected representatives, but it was the 1924 Constitution that allowed for more substantial elected representation. However, these councils still functioned under the overarching control of the British colonial government, and communal representation often resulted in divisions rather than unity, as different ethnic and religious groups vied for influence.

The Donoughmore Constitution (1931): The Introduction of Universal Suffrage

The Donoughmore Constitution of 1931 was a landmark in Sri Lanka’s democratic evolution, introducing universal adult franchise and replacing communal representation with territorial representation.

• Significance: This constitution marked the beginning of broader participation in governance, as it allowed all men and women over the age of 21 to vote, making Sri Lanka one of the first countries in Asia to adopt universal suffrage. However, the shift to territorial representation meant that minority communities, particularly the Tamils, felt underrepresented, as the Sinhalese majority could dominate the electoral districts.

The Soulbury Constitution (1947): Setting the Stage for Independence

The Soulbury Constitution, implemented in 1947, laid the groundwork for Sri Lanka’s transition to independence. It established a parliamentary democracy with a bicameral legislature consisting of the House of Representatives and the Senate.

• Significance: The Soulbury Constitution was a significant step toward self-governance, introducing the position of Prime Minister and allowing for greater local legislative control. However, the constitution failed to fully address the ethnic and linguistic tensions between the Sinhalese majority and Tamil minority, leading to ongoing conflicts over representation and rights.

The First Republican Constitution (1972): Centralization of Power

In 1972, Sri Lanka adopted its first Republican Constitution, declaring itself a republic and severing its final ties with the British monarchy.

• Significance: This constitution centralized power significantly, abolishing the Senate and replacing the House of Representatives with a unicameral National State Assembly. The emphasis on centralization and the declaration of Buddhism as the foremost religion alienated the Tamil and Muslim minorities, exacerbating ethnic tensions and contributing to the rise of separatist movements.

The Second Republican Constitution (1978): The Executive Presidency and Proportional Representation

The 1978 Constitution introduced an executive presidency, concentrating significant powers in the office of the President. It also replaced the previous electoral system with proportional representation (PR).

• Significance: The creation of an executive presidency was intended to create a more stable and efficient government, but it also concentrated power in a single office, reducing the role of parliament. The introduction of PR was a pivotal reform that aimed to ensure fairer representation in parliament, particularly for minority groups.

Major Amendments to the 1978 Constitution

Since its adoption, the 1978 Constitution has undergone numerous amendments, each reflecting the evolving political dynamics of Sri Lanka.

• 13th Amendment (1987): Introduced as part of the Indo-Lanka Accord, this amendment was aimed at addressing Tamil demands for greater autonomy. It created Provincial Councils, giving some degree of self-governance to regions, particularly in the Tamil-majority Northern and Eastern provinces. The amendment also made Tamil an official language alongside Sinhala, which was a critical step in addressing some of the linguistic grievances of the Tamil community.
• 16th Amendment (1988): This amendment further strengthened the official status of the Tamil language, reinforcing the bilingual nature of the state. It was an important symbolic and practical move towards accommodating Tamil linguistic rights within the framework of the state.
• 17th Amendment (2001): The 17th Amendment aimed to reduce the excessive powers of the executive presidency by establishing independent commissions to oversee the police, public service, and the judiciary. These commissions were designed to depoliticize key state institutions, ensuring that they operated independently of the ruling party’s influence.
• 18th Amendment (2010): This controversial amendment removed the two-term limit for the President, allowing the incumbent to potentially remain in power indefinitely. It also weakened the independent commissions established by the 17th Amendment, concentrating power back into the executive, raising concerns about the erosion of democratic checks and balances.
• 19th Amendment (2015): In response to growing concerns about the concentration of power in the presidency, the 19th Amendment sought to curb the powers of the executive. It reintroduced term limits for the President, reduced the President’s ability to dissolve parliament, and strengthened the independence of public institutions.
• 20th Amendment (2020): Reversing many of the reforms of the 19th Amendment, the 20th Amendment restored many powers to the executive presidency. This included the ability to dissolve parliament after just one year, appoint and remove ministers at will, and have a decisive influence over the judiciary and other independent institutions. The amendment sparked widespread debate and concern about the potential for authoritarian rule.

Proportional Representation and Minority Rights

Proportional representation (PR) plays a crucial role in protecting the rights of minority groups within Sri Lanka’s diverse society. This system ensures that all communities, including religious and social minorities within larger ethnic groups, have a voice in the political process.

Religious Minorities within Ethnic Groups

Sri Lanka’s ethnic groups are internally diverse, particularly in terms of religion. For instance, within the Sinhalese majority, there are both Buddhists and Christians, while within the Tamil community, there are Hindus, Christians, and Muslims.

• Representation of Religious Diversity: PR ensures that religious minorities within ethnic groups are not overshadowed by the majority. For example, Sinhala Christians and Tamil Muslims can secure representation in parliament proportional to their share of the vote, ensuring their concerns are addressed in the legislative process.

Social and Caste-Based Minorities

Caste and social stratification are significant factors within Sri Lanka’s ethnic groups, especially among Tamils. PR allows marginalized groups within these communities to gain political representation.

• Inclusivity for Marginalized Groups: By enabling parties or candidates representing lower-caste or economically disadvantaged groups to secure seats in parliament, PR promotes social justice and addresses inequalities that might otherwise be ignored in a majoritarian system.

Preventing Dominance by Majoritarian Narratives

PR prevents any single group from monopolizing political power, ensuring that the diverse voices within each community are heard.

• Balanced Representation: In a majoritarian system, the dominant group within an ethnic or religious community might overshadow smaller groups. PR ensures that these smaller groups, whether defined by religion, caste, or social status, have a voice in governance, leading to more balanced policy outcomes.

Fostering Coalition Governments and Inter-Ethnic/Inter-Religious Alliances

PR often requires political parties to form coalitions, encouraging cross-community cooperation and fostering inclusive governance.

• Promoting Cross-Community Cooperation: Coalition governments formed under PR must consider the interests of all their partners, including those representing minorities. This leads to more inclusive policies that reflect the diverse needs of Sri Lanka’s society.

Sri Lanka’s democratic journey, marked by significant constitutional developments and electoral reforms, reflects the country’s complex and diverse society. The introduction of proportional representation in 1978 was a critical step toward ensuring that all communities, particularly minorities, are fairly represented in the political process. By allowing smaller groups within larger ethnic, religious, and social communities to have a voice in parliament, PR has helped create a more inclusive and balanced democracy. As Sri Lanka continues to evolve, the principles of proportional representation will remain vital in promoting social cohesion and ensuring that all citizens, regardless of their background, are heard in the governance of their country.