In an opinion piece written for the Hindu, TNA parliamentarian, M.A Sumanthiran, made a long awaited response to the recent Supreme Court Judgment on the devolution of land powers.
Extracts reproduced below.
“The timing of a judgment by Sri Lanka’s Supreme Court recently on devolution of land powers — just two days after a historic election for the Northern Provincial Council — is of great significance.”
“Now, in a sudden instant, the Supreme Court tells us that these powers were in fact never devolved; that the way in which the Thirteenth Amendment has been understood for 25 years was erroneous; that the Thirteenth Amendment only meant for the Province to administer whatever land the Centre — in its beneficence — thought fit to give away.”
“The timing of the judgment is critical. The fact that it came two days after the historic election for the Northern Provincial Council where the people overwhelmingly voted for devolution and self-governance, but before the Council became functional, has received much comment. More critically however, the judgment arrives at a juncture where the government has explicitly committed to denying the Northern Provincial Council constitutionally mandated powers over land and law and order.”
“The government has now constituted a Parliamentary Select Committee — composed primarily of members opposed to any meaningful devolution — ostensibly to recommend a further weakening of devolution. The arrival of this judgment may be perceived by the government as easing its own burden and enabling it to hide behind a judgment of the Supreme Court. The government should be clearly told that this position is untenable and that it has a duty to make good on its promises of extensive devolution made to India and the international community.”