Saturday, July 14, 2018

Administration and Constitution


Government
o   What are the requirements for formal governance?
1.      The constitution
2.      State enacted legislation
3.      Administrative institutions
4.      State power 

o   What are the main contents of the constitution?
1.      Powers, duties and limitations of the government
2.      Organization and structure of administrative institutions
3.      How administrative inst. integrate with each other
4.      Civil participation in government
5.      Provisions to safeguard law and order
6.      Basic human rights

o   Name the three basic institutions involved in the formal governance of a country.
1.      The Legislature – Framing legislations
2.      The Executive – Enforcement of law
3.      The Judiciary – Investigates violations of laws and metes out justice

o   What is “sovereignty”?
“The supreme power of the state that can be imposed on the subjects, and not bound by any law.” – Jean Bodin

o   Why is it necessary to have good governance?
1.      To maintain peace, law and order
2.      To maintain equality through the promotion of human rights
3.      To have a good social environment
4.      To administer justice
5.      To maintain freedom
 
o   Draw a diagram depicting the structure of a provincial council.

                              Provincial Council


 
Chief Minister                 Governor                Secretary

Ministers                                                         1. Clerks
                                                                       2. Technical officers
Councillors                                                    3. Drivers
                                                                       4. Minor employees
                                                                      
o   What are the functions of a provincial council?
1.      Carry out the administrative activities within the limits of the powers granted by the Central Government
2.      Supervise the activities of the Local Government Institutions
3.      Carry out the development and welfare activities, provide employment, etc.


o   Name the public administration institutions.
1.      Gramaniladhari Office
2.      Divisional Secretariat
3.      District Secretariat (Kachcheri)
4.      Ministry of Public Administration

o   What are the functions of a District Secretary?
1.      Administration of the provincial council
2.      Enforcing government decisions within the district
3.      Conducting elections within the district
4.      Carry out development, welfare, educational, cultural and social activities
5.      Maintain peace and justice
 
o   What are the local government institutions?
1.      Urban Council – 39
2.      Municipal Council –18
3.      Pradeshiya Sabha (1994) –257 (the area of a Divisional Secretariat)
 
o   What is the term of a local government institution? 4 years

o   What is the system of election employed in electing representatives for local government institutions?
Proportional Representation

o   Draw a diagram of the structure of the “Pradeshiya Sabha”.
Chairman

Members                   secretary
 
                            Clerks
                                               Technical officers
                                 Labourers

o   Draw a diagram of the structure of the Urbane Council.
Chairman

Deputy chairman              secretary
 
                                          Council Members                 
                           Clerks
                                               Technical officers
                                                                                 Labourers
o   Draw a diagram of the structure of the Municipal Council.

                                               Deputy Mayor                Municipal Council
Mayor
                                               Municipal Commissioner      Clerks, technicians, Minor staff

o   What are the powers of local governments?
1.      Levying taxes
2.      Issuing street line certificates
3.      Removing illegal constructions
4.      Prohibiting activities that might lead to public health hazards
5.      Initiation of legal actions against those who are involved in illegal or fraudulent activities
6.      Removal of slums
7.      Prohibit businesses, etc. that violate environmental laws

o   What are the functions of the local government institution?
1.      Carry out development activities
2.      Collect rates and taxes
3.      Organize national festivals and functions
4.      Removal of garbage
5.      Supply water, electricity, etc.
6.      Maintaining roads, bridges, culverts, etc.
7.      Maintaining drainage & sewage disposal systems
8.      Conservation of environment
9.      Planning construction
10. Maintaining public places
11. Supervision of places that produce food
12. Maintaining a Fire Brigade

o   How are local government institutions financed?
1.      Central Government grants
2.      Revenue from rates and taxes
3.      Income from leasing and renting property owned by local government institutions
4.      Tax collected from cemeteries
5.      Revenue collected from vehicle parks

o   What are the responsibilities and obligations of the public related to the services provided by the LGI?
1.      Electing suitable representatives
2.      Pointing out shortcomings
3.      Obey and protect rules and regulations
4.      Assist development activities
5.      Make effective use of services and facilities
6.      Pay taxes and rates on time
7.      Protect public property
8.      Protect the environment
9.      Help to keep the area clean

o   Name occasions in which people participate in governance.

1.      Presidential Election
2.      Parliamentary Election
3.      Referendum
4.      Provincial Council Election
5.      Local Government Election 


o   What is “Universal Franchise”?
“The right of every citizen who has fulfilled the required qualifications to be a voter irrespective of sex to be a voter is called Universal Franchise”.

o   When was SL granted Universal Franchise?
In 1931 under Donoughmore Commission
o   When was the eligibility age reduced to 18?  In 1959

o   What are the requirements to be a voter in SL?
1.      Should be a citizen of SL
2.      Above 18 years of age
3.      Should not have been under imprisonment for more than 07 years
4.      Should not have been given Death Sentence
5.      Should not have been punished for election related violence
6.      Should not be stripped of Civil Rights
7.       Should have maintained 6 months of continuous residence in the are within the 18-month period prior to the election
8.      Should not be insane
9.       Voters List

o   What is the importance of “Universal Franchise”?
1.      Give opportunities to be involved in government
2.      An expression of the Sovereign Power of the people
3.      A tool to change ineffective governments
4.      A tool to select a government with a vision
5.      Opportunity to express public opinion – referendums

o   What are the rights of a voter?
1.      Have a fair, just and impartial election
2.      Right to use one’s vote independently
3.      Right to appear as a candidate
4.      Work for the victory of a political party
5.      Organize election meetings, rallies, publicity campaigns

o   What are the duties of the Voters?
1.      Cooperate in conducting a free and fair election
2.       Do not interfere in the processes of voting
3.      Respect the rights of the other candidates
4.      Tolerate the opinions of others and work cordially with the members of the other political parties

o   What are the functions of a political party?
1.      Create awareness about current crises
2.      Guide the government on the correct path
3.      Preserve national unity
4.      Take part in development activities
5.      Direct people to work towards the development of the country
 
o   What are the measures a political party could take to build unity in a multiracial community?
1.      Enrolling members without discrimination
2.      Create awareness on social and political issues
3.      Prevent discrimination
4.      Implement majority decision
5.      Establish policies acceptable to everyone and suitable to the country
6.      Avoid making statements and actions detrimental to national unity
7.      Implement policies irrespective of racial, religious, class and caste differences
  
o   What are the duties of a national leader?
1.      Identify problems
2.      Study national issues
3.      Honest, humble and impartial in the execution of duties
4.      Lead an exemplary life and refrain from activities that may cause embarrassment
5.      Act according to the general policies
6.      Avoid making statements provoking division
7.      Represent all groups of people
8.      Instruct and organize the public to overcome problems
_____________________________________________________________________________________
1.      When was the present constitution compiled? 1978
2.      When was the previous constitution compiled? 1972
3.      When was the chapter on human rights was included in the constitution? 1972
4.      What is the internationally recognized document on human rights? When was it compiled? Universal declaration of Human Rights - 1948
5.      Which chapters of the constitution of Sri Lanka deal with basic human rights of the citizens? Chapter 3: 10-17
6.      What would prevent a citizen of a country from the right to leave and return to his own country? Being wanted for a criminal activity
7.      Why is it necessary to outline the limits of basic human rights?  In order to safeguard public security, racial and religious harmony, and parliamentary privileges.  
8.      What measures could a person take if his human rights were violated? Seek the assistance of the Supreme Courts
9.      What is the role of the “ombudsman”? Mediate in case a government servant is discriminated of his rights are violated
10. When was the Human Rights Commission created? 1996 No.21 SL Human Rights Commission Act
11. What are the conditions under which a person may lose Civil Rights?

Defamation of the judiciary

Violation of election laws

Universal Franchise
1.      Name the three most significant election reforms introduced before independence.
2.      Which reform allowed women the right to vote?
3.      Which reform proposed franchise for educated and landed portion of the population?
4.      Which reform introduced party system to the election procedure?

Proportional Representation
1.      Name the election procedure practiced prior to the introduction of proportional representation? Simple Majority Representative System
2.      When was the proportional representation introduced? 1978
3.      What are the stipulations with regard to proportional representation in the constitution?
o   Determination of the boundaries of the electorates
o   Distribution of the no. of candidates among the electorates according to the demography, etc.
o   The methodology of conducting an election under Proportional Representative System
4.      What is the number of electorates according to the constitution? 20- 24
5.      How many representatives could be elected to the parliament? 196
6.      How many could be appointed from the National List? 29
7.      What are the ways in which a parliament could be dissolved before due time?
o   The president could dissolve the parliament one year after a general election
o   Failure to pass a Finance Bill

8.      What are the duties of an Election Commissioner?
o   Announce the date of election
o   Accept Nominations
o   Conduct elections
o   Announce results
o   Invite the winners to form a government

9.      What is the mechanism of a general election?
o   The process of accepting nominations
o   The process of election
o   The process of announcing the results
o   The process related to the establishment of a new government

10. Name the weaknesses of the proportional representation?
o   High expenditure
o   As there are several representatives for an electorate people are not sure of whom they should approach
o   Some areas with fewer votes would be neglected

11. What were the weaknesses of the previous system of representation?
o   Minorities were neglected
o   When inefficient representative neglected the electorate the voters did not have an alternative

12. What are the positive points of multi-party system?

o   Minorities are represented
Alternative for the public

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