13th Amendment in Sri Lanka’s Constitution

The 13th Amendment to Sri Lanka’s Constitution, enacted in November 1987, stands as the sole legislative guarantee of power devolution to the country’s provinces. The amendment aimed to establish provincial governments throughout the nation, recognizing Tamil as an official language alongside English as a link language. In many ways, it served as an antidote to the discriminatory “Sinhala Only Act” of 1956, which targeted the Tamil minority population. However, despite its significance, successive governments have shown reluctance to fully implement power devolution as outlined in the 13th Amendment, especially in the Tamil-majority regions of the north and east.

Background

The 13th Amendment was passed following the signing of the Indo-Lanka Accord between Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene. It aimed to address the growing demand for Tamil self-determination, which had gained considerable political momentum by the 1980s. The 1983 anti-Tamil pogrom exposed the violent nature of Sinhala majoritarianism and racism, making it difficult for the international community, including India, to ignore the legitimate aspirations of the Tamil population.

Problems with Implementation

Despite public assurances, leaders from the Sinhala-majority south have failed to fully implement the provisions of the 13th Amendment, both in letter and spirit. Detractors often label the amendment as an “Indian imposition,” disregarding the fact that it resulted from a bilateral Accord signed by J.R. Jayewardene, one of the most influential Presidents in Sri Lanka’s history. Although the provincial councils were established, their functionality remains nominal at best.

Limited Legislative Power

The 13th Amendment grants provincial councils legislative power over various sectors, including agriculture, education, health, housing, local government, planning, road transport, and social services. However, the actual exercise of these powers has been undermined by the central government’s reluctance to devolve authority to the provinces. Consequently, many key decisions and policies continue to be made and implemented at the national level, limiting the true autonomy and effectiveness of the provincial councils.

Inadequate Financial Resources

Another major hurdle to effective devolution is the inadequate allocation of financial resources to the provinces. While the 13th Amendment envisioned a substantial transfer of financial powers to the provincial councils, the central government has retained significant control over fiscal matters. Insufficient financial resources hinder the provincial governments’ ability to address the unique needs and aspirations of their respective regions, undermining the purpose of power devolution.

Security Concerns and Centralized Control

The issue of security has often been cited as a justification for maintaining centralized control and curtailing the powers of provincial councils. The decades-long conflict between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) has heightened concerns over potential separatism and national security. This has led to a reluctance to grant meaningful devolution, as the central government seeks to maintain control to ensure territorial integrity and stability. However, the overreliance on security concerns as a reason for centralization undermines the principles of democracy and inclusive governance.

Ethnic Polarization and Political Will

Ethnic polarization remains a significant factor hindering the implementation of the 13th Amendment. The issue of power devolution has become deeply entwined with ethnic identity and political dynamics. Successive governments have lacked the political will to tackle the issue comprehensively, fearing a backlash from Sinhala nationalist groups. The lack of consensus and genuine dialogue on power-sharing mechanisms has perpetuated a cycle of mistrust and stagnation.