Legislature – the law making body (Parliament)
- Governing party
- Opposition
- Formulates laws to maintain law and order and to fulfil the needs of the general public
- Abolish laws that are outdated
- Reform laws
Executive
1. President and the Cabinet
2.
Assistant Ministers
3.
Secretaries of the Ministries
4.
Heads of Departments
- Courts and judges
- Supreme Court
- Appeal Court
- ________________
- _________________
- District Courts
- Family Courts
- Magistrate Courts
- ________________
Powers of the Supreme Court
· Power to mediate in conflicts of opinions with regard to Bills
· Power to mediate in matters related to human rights
· The right of Final Appeal
·
Advisory power
·
Powers regarding election
petitions
·
Powers to mediate in matters regarding
breach of Parliamentary Privileges
·
Powers regarding matters
appointed or handed over legally by the parliament
Constitution
Contents of the constitution.
- Responsibilities and powers of the public institution and their limits
- Provisions to safeguard law and order.
- Basic human rights
Sri
Lanka was governed under two constitutions since independence.
- 1972 Constitution
- 1978 Constitution
Chapters on basic human rights of the citizens
of the Democratic Socialist Republic of Sri Lanka were a part of the 1972
constitution.
Sri
Lanka is a signatory of the Universal Declaration of Human Rights drafted by
the UNO in 1948. As a result the government is bound by the international law
to incorporate the contents of Declaration into the constitution.
If
a citizen feels at any time that his or her rights were infringed s/he could
seek redress from the Supreme Courts.
There
are limits to personal freedom. Misuse of one’s rights leads to the detriment
of the entire society.
Universal Franchise and its correct
use:
- ……………………… Reforms introduced in 1910 allowed people with a considerable amount of property and some education the right to vote. According to these specifications only …….of the total indigenous population had the right to vote.
- ……………………... Reforms introduced in 1931 introduced voting rights for both men and women above the legal consenting age of 21. Under these reforms 50 MPs were elected to the ………………………through Universal Franchise.
- Solbury Reforms introduced in 1947 introduced ………………………………………………………..
- Under the present constitution all citizens above 18 have the right to vote.
·
It
is instrumental in the selection of representatives or a party to govern the
voter
·
It
is instrumental in removing unsuitable representatives or parties from power
·
It
is instrumental in compelling the elected representatives and the political
parties to work towards the welfare and the development of the constituents.
Simple Majority Representation requires a single representative for each
electorate. It was the system of representation practiced before the
introduction of the present Proportional Representation system. According to
the previous system the candidate to obtain the most number of votes at an
election would be elected as the representative of that electorate for an
agreed upon period of time with provisions for re-election.
There
were several advantages of this system.
·
The
maintenance cost of the representatives was comparatively less
·
The
constituents had a clear idea of who their representative was
·
The
representative had a clear idea about his electorate
·
Campaign
expenses were low
Critics of the Simple Majority Representation system point out the
under-representation of the minorities as a drawback.
Proportional Representation
- The electorate is larger e.g.: district
- Candidates appear as group
- The political party is more important than the candidate
- A group of representatives is elected to each electorate
- The number of representatives for each electorate is predetermined
- The voters have to select the party they wish to vote for and mark their “ preferences”. The number of seats allocated to a party is proportional to the percentage of votes the party has obtained from the total valid votes. For example:
Number of seats for the electorate = 10
Total valid votes =20,000
The number of votes a party
should obtain to secure a seat = 20,000/ 10 = 2000 (10%)
Party A = 6000
(30% = 3 seats)
Party B
=12,000 (60% = 6 seats)
Independent Group =2000 (10% = 1 seat)
According to the number of seats it has
won each party would select the candidates who obtained the most number of
preferences.
o
Minorities
are represented
o
Party
to obtain the highest number of votes is given “bonus” a seat.
Under the Proportional Representation
System introduced in 1978 the minorities are better represented. But a large
number of votes are wasted as the voters misuse their vote intentionally or
accidentally. Many voters do not have a clear idea of marking preferences.
Others refrain from using their vote leading to misuse of vote. Election related
violence has often hindered the right to hold a free and fair election.
In order to prevent election related
violence and to ensure free and fair election many government, non-government
and international agencies have done a considerable amount of work.
·
The
Election Commissioner Department
·
Foreign
observers from the European Union, Commonwealth, UN, and National Democratic
Institute of USA, Embassies and High Commissions etc.
·
PAFFREL
·
The
Centre for Policy Alternatives
·
Media
·
SASANET
The
1978 Constitution make the following provisions for Proportional Representation
System
- Determine the boundaries of the electorates under the provisions made by Chapter 95(1). The number of electorate would be no less than 20 and no more than 24.
- Distribute the number of representatives to be elected among the electorates taking into consideration the demography and the extent of the electorates.
- The …………………………………………………………………………………………………….
According
to Chapter 98 of the constitution the total number of representatives to the
legislature would be ---------- Out of this -------- Should be elected through
Popular Vote and ---------Would be selected from the National List. Each party
would get a share of the National List seats. The number of seats would be
proportional to the percentage of votes the party has obtained from the total
valid votes.
- The President could dissolve the Parliament at any time after one year following a general election.
- The parliament could also be dissolved if a Finance Bill submitted is defeated.
- After a parliament is dissolved the Election Commissioner would announce the date of the next general election.
Procedures related to a General Election:
- The practices related to Nomination Lists
- The process of conducting a General Election
- Announcing results
- Establishment of government according to the Election Results
- Presidential election is held using the provisions made in the _____________of 1981 by the Election Commissioner. At a Presidential Election, the entire island becomes a ________________________.
- If there were three candidates preferences could be marked as 1, 2, and 3. The candidate to obtain more than 50% of the valid voted would be appointed as the next president.
- In case non of the candidates were able to secure more than 50%, then the candidate in the third place would be removed from the contest. The second preference in his votes would be added to the votes of the first two places. The candidates to obtain the highest percentage would win the election.
Total
no.of votes =
100,000
Candidate
1 = 38,000
Candidate
2 = 31,250
Candidate
3
=30,750 2nd preference
for Candidate 1= 25, 500 Candidate 2 = 5,250
Total
votes of C 1 =38,000
+ 25,250 = 63,500 =63.5%
Total
votes of C2 =31,250
+5,250 = 37,550 = 37.55%
*Candidate
1 would be the next president.
·
In case the
number of candidates exceed three and non of the candidates were able to secure
more than 50% , 2nd and 3rd preferences too would be
counted.
According to Chapter 30(2) of the
present constitution the tenure of a president is restricted to 6 years from
the date s/he swears into the office. The term could be extended for another 6
years through a referendum or a general election.
- A candidate for a presidential election should be over 30 years
- Should possess all the requirements necessary to be elected as an MP
- Should not have been elected twice as a president by the general public
- Should not be a former president legally expelled from his post
The new president would assume duties after a swearing in, in front of
the Chief Justice to uphold the Constitution.
Duties and responsibilities of the President:
·
Assembling, adjourning,
postponing or dissolving a parliament
·
Under chapter 33 (a) and (b) of
the Constitution the president could attend _____________________
_________________________________
and send _____________________________________to be read at the parliament on
his/her behalf.
- S/he enjoys all the privileges and rights of an MP
- Presents the _____________________________________________________________________________
- Chairs the inauguration session of the ______________________________________________________
- The president is accountable to the legislature
Executive Powers of the president:
- Functions as the head of the Cabinet.
- Conduct the Cabinet meetings
- Appoints the Prime Minister
- Appoints Ministers and _________________ _______________________
- Introduce Cabinet reforms
- Declare war and_______________________________________
- The State Seal
Appointments made by the President:
- Appointment of High Commissioners and Ambassadors
- Appointment of the chiefs of the three Forces and _____________________________________
- Appointment of the Auditor General, Judges of the Supreme Court and the Secretaries of the Ministries
- Appointment of the Chief Justice, judges of the Supreme Court, Chairman of the Appeal Court and judges, judges of the ______________________________________
- Appointment of_____________________________________, Solicitor General and the chairman and the members of the Presidential Commissions
- Appointment of ______________________________ for Provincial Councils
- Appointment of the Chairmen and members for _______________________________Commission and ___________________________________ Commission.
- Appointment of the _____________________ and the members of the University Grant Commission and the __________________ and vice chancellors of the universities
The Judicial Powers of the President:
·
The
president could _______________ , __________________, ____________________,
_________________, _____________________, or ______________________________ a
sentence given by the judiciary to a person convicted of a crime.
Composition of the Parliament
·
The day-to-day activities of
the Parliament are governed by the Standing Orders
·
Various committees carry out
functions within the parliament.
·
The Parliament is responsible
for all the legislative activities of the country
- The tenure of a parliament is limited to 6 years. The term could be extended by ________________________ or through a referendum. If not the parliament would be dissolved and a general election would be called at the end of 6 years.
- According to _________________ of the 1978 constitution a Speaker, an Assistant Speaker and a ______________________________ would be appointed on the first day of the new parliament. If they do not resign the term of their offices would be ________________.
- The Speaker is appointed by a majority vote by the MPs
- He occupies a raised seat facing the isle between the Opposition and the Government Sides of the Parliament.
- As the chairperson of the assembly he directs both governing and the opposition side of the parliament
- He should be impartial in mediating disputes and conduct the meetings according to the Standing Orders.
- In his absence the Assistant Speaker, _______________ or _____________________ would chair the session.
- The Speaker could postpone a session if needed.
- Speaker’s signature is needed for a bill adopted by the parliament to be a Law.
- If an MP behaves inappropriately the Speaker could order him to be escorted out of the premises
- The post of the __________________________ is defined by the section 65(1) of the constitution. His responsibilities encompass organization and maintenance of parliamentary affairs. A staff would be appointed to assist him with permission from the Speaker. This position occupies a seat below the Speaker’s Chair in the parliament.
- The _______________ is carried by ________________ who walks in front of the Speaker as he enters or leaves the parliament.
- The opposition side of the parliament consists of the MPs of the party or parties that ___________________________________. The ________________________ is made up of the MPs of the party that won the general election.
- The president appoints Ministers and Cabinet Ministers from the MPs of the government side. The Cabinet ministers assist the Legislature as well as the Executive.
- Participate in parliamentary debates on issues important to the country and bills
- Support to pass bills favourable for the future of the country
- Engage in constructive criticism with the intention of guiding the government along the correct path
Process of adopting a Bill
- First Reading - A Cabinet Minister, an Assistant Minister or an MP would present the Bill to the parliament. The Secretary would read out the ___________________________________________.
- Second Reading – A debate could arise on the ________________________ and __________________ of the Bill. The Bill would be directed to _______________________________________ after that. Each sentence of the Bill would be taken under consideration and necessary ratifications would be proposed.
- Third Reading – No ratification could be made during the Third reading. The Bill would be adopted subjected to a majority of votes.
- Once a Bill is adopted it becomes a law after the Speaker signed it
- Administration of the fiscal affairs of the country and _______________________________ too are responsibilities of the parliament
- The Auditor General submits a report on public spending at the end of a fiscal year. This also will be debated.
The Cabinet and the Collective
Responsibility of the Cabinet:
- Modern Parliamentary System originated in England.
- In the past the King and the ministers met to make executive decisions.
- As time went by the powers of the king waned. The powers of the parliament rose in proportion.
- The Prime Minister and the Cabinet became the chief executive.
- The 1st Prime Minister of Britain was ______________________________.
- The Cabinet System was introduced to Sri Lanka in _________ by ______________________________.
- According to Chapter 43(4) of the Constitution the Cabinet is in charge of the Executive and responsible for the administration.
- The President is a member as well as the head of the Cabinet.
- The President appoints an MP who is capable of winning the trust of the Parliament as the Prime Minister.
- The cabinet ministers and Non-cabinet ministers too are appointed by the President.
- The composition of the Cabinet comprises of the number of Cabinet Ministers and their responsibilities (Portfolios).
- The president can take over certain executive functions. A portfolio of a minister too could be taken over by the president.
- According to the Constitution the Cabinet is collectively responsible to the parliament.
- The president could appoint Assistant Ministers to help a Minister.
- MPs could demand the cabinet ministers for clarifications on matters related to their portfolios.
- Bills are presented to the Executive by the Ministers and the MPs to be ratified and adopted.
- Enforce laws passed by the legislature
- Preparing the budget of the ministries
- Preparing ancillary budgets
Provincial Administration
Provincial Councils were established with
the intention of finding a solution to the ethnic conflict and to decentralize
power.
- In 1931 according to the recommendations of the _________________________ 19 districts were established within the 9 provinces.
- According to the changes made in the Public Administration Sector in 1955 the District was the administrative area of a Government Agent. There were 20 such districts.
- 1959 –Monaragala, 1961 – Ampara, 1978 – Gampaha & Mullativ, 1984- Kilinochchi too were declared as districts.
- By 1984 the number of districts has increased to 25.
- The sub administrative units of a district are Divisional Secretariat Division and the Gramaseva Niladhari Division.
- District Secretary – District, Divisional Secretary – Division
- Under Chapter 13 of the Constitutional Reforms made in 1987and the Provincial Council Act of 1987 Provincial Councils were established and the Divisional Secretariat became a chief administrative unit of a province.
- According to the Provincial Council Act of 1987 provincial council could be established for each province or several provinces could be united to form a single provincial council.
- A governor is appointed to each province by the President for a period of 5 years.
- According to the ____________________________ Act, Mps for a provincial council would be selected through a Provincial Council Election.
- The Chief Minister is appointed from the party that won a majority of seats.
- Four ministers are appointed from the remaining MPs of the winning side.
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