Short Introduction
The 13th Amendment to the Constitution of Sri Lanka (1987) is a major constitutional reform that introduced devolution of power and established Provincial Councils. Enacted after the Indo–Sri Lanka Accord of 29 July 1987, the amendment aimed to address ethnic conflict by transferring certain administrative and legislative powers from the central government to the provinces.
The 13th Amendment remains one of the most debated constitutional changes in Sri Lanka. It introduced a system of provincial governance while maintaining Sri Lanka as a unitary state under the 1978 Constitution.
Key Facts About the 13th Amendment
- Enacted in November 1987.
- Implemented under the Second Republican Constitution (1978).
- Introduced Provincial Councils in all nine provinces.
- Added Chapter XVIIA to the Constitution of Sri Lanka.
- Created a system for devolution of power.
- Established three legislative lists: Provincial, Reserved, and Concurrent.
- Provincial Governors are appointed by the President.
- The Chief Minister leads the Provincial Council.
- Police and land powers are included in the Provincial List (with limitations).
- Sri Lanka remains constitutionally a unitary state.
Important Dates
- 29 July 1987 – Indo–Sri Lanka Accord signed.
- November 1987 – 13th Amendment passed in Parliament.
- 1988 – First Provincial Council elections held.
Background of the 13th Amendment
During the 1980s, Sri Lanka experienced ethnic conflict and political instability. To promote political reconciliation, the Indo–Sri Lanka Accord was signed between the Government of Sri Lanka and the Government of India in 1987.
As part of this agreement, the Sri Lankan Parliament passed the 13th Amendment to introduce a decentralized governance structure. The goal was to provide greater regional autonomy while preserving national unity.
What is Devolution of Power?
Devolution of power refers to the transfer of certain governmental powers from the central government to provincial or regional authorities.
Under the 13th Amendment, Provincial Councils were given authority over specific subjects such as:
- Education
- Health
- Agriculture
- Local government
- Rural development
However, sovereignty remains with the central government, and Sri Lanka continues to function as a unitary state.
Structure of Provincial Councils
The 13th Amendment created Provincial Councils in the following provinces:
- Western
- Central
- Southern
- Northern
- Eastern
- North Western
- North Central
- Uva
- Sabaragamuwa
Each Provincial Council consists of elected members.
Key positions include:
- Governor (appointed by the President)
- Chief Minister (head of the provincial executive)
- Board of Ministers
Provincial Councils have legislative and administrative authority within their assigned subjects.
The Three Legislative Lists
The 13th Amendment introduced three subject lists:
1. Provincial List
Subjects devolved to Provincial Councils (e.g., education, health, agriculture).
2. Reserved List
Subjects retained by the central government (e.g., defense, foreign affairs, national finance).
3. Concurrent List
Subjects shared by both the central and provincial governments.
This structure defines the division of powers in Sri Lanka.
Police and Land Powers Debate
Although police and land powers are included in the Provincial List, their full implementation has been controversial. Political debates continue regarding the extent of devolution intended under the 13th Amendment.
Significance in Sri Lankan Politics
The 13th Amendment is significant because it:
- Introduced constitutional devolution of power.
- Created a provincial governance system.
- Became central to ethnic reconciliation discussions.
- Remains a key issue in constitutional reform debates.
It continues to influence discussions about power-sharing and national unity.
Challenges and Ongoing Discussions
Since its enactment, the implementation of the 13th Amendment has faced challenges, including:
- Disagreements over the scope of devolved powers.
- Political tensions between central and provincial authorities.
- Calls for full implementation or further constitutional reform.
The amendment remains an important topic in Sri Lanka’s constitutional and political discourse.
Conclusion
The 13th Amendment to the Constitution of Sri Lanka (1987) introduced the system of Provincial Councils and formalized the devolution of power within a unitary state framework. As one of the most significant constitutional reforms under the 1978 Constitution, it continues to shape debates on governance, regional autonomy, and national reconciliation in Sri Lanka.
10 Multiple Choice Questions (MCQs)
1. The 13th Amendment to the Constitution of Sri Lanka was enacted in:
A. 1978
B. 1983
C. 1987
D. 1990
Correct Answer: C
2. The 13th Amendment was introduced following the:
A. Kandyan Convention
B. Soulbury Commission
C. Indo–Sri Lanka Accord
D. Donoughmore Constitution
Correct Answer: C
3. The 13th Amendment established:
A. Executive Presidency
B. Provincial Councils
C. Federal Parliament
D. Monarchy
Correct Answer: B
4. Devolution of power means:
A. Centralizing authority
B. Transferring powers to provinces
C. Abolishing Parliament
D. Military governance
Correct Answer: B
5. Sri Lanka remains a:
A. Federal state
B. Military state
C. Unitary state
D. Monarchy
Correct Answer: C
6. Provincial Governors are appointed by the:
A. Prime Minister
B. Chief Minister
C. President
D. Parliament
Correct Answer: C
7. Defense is included in the:
A. Provincial List
B. Reserved List
C. Concurrent List
D. Local List
Correct Answer: B
8. The 13th Amendment added which chapter to the Constitution?
A. Chapter II
B. Chapter V
C. Chapter XVIIA
D. Chapter XX
Correct Answer: C
9. The Provincial List mainly contains subjects related to:
A. Foreign affairs
B. National defense
C. Provincial administration
D. International trade
Correct Answer: C
10. The 13th Amendment is mainly associated with:
A. Economic liberalization
B. Devolution and power-sharing
C. Plantation reforms
D. Colonial administration
Correct Answer: B