Federalism can be a viable solution for the ethnic conflict in Sri Lanka

8/4/2019 Federalism can be a viable solution for the ethnic conflict in Sri Lanka

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TOWARDS A FEDARAL STATE AND A POLITICAL SOLUTION FOR THE

CONFLICT IN SRI LANKA

Federal' is a somewhat sensitive word in this island devolution' on the other hand seems

more acceptable.

INTRODUCTION

1. Federalism is the theory or advocacy of federal political orders, where final authority

is divided between sub-units and a center. Unlike a unitary state, sovereignty is

constitutionally split between at least two territorial levels so that units at each level have

final authority and can act independently of the others in some area. Citizens thus have

political obligations to two authorities. The allocation of authority between the sub-unit and

center may vary, typically the center has powers regarding defense and foreign policy, but

sub-units may also have international roles. The sub-units may also participate in central

decision-making bodies. Much recent philosophical attention is spurred by renewed political

interest in federalism, coupled with empirical findings concerning the requisite and legitimate

basis for stability and trust among citizens in federations. Philosophical contributions have

addressed the dilemmas and opportunities facing Canada, Australia and Europe, to mention

just a few areas where federal arrangements are seen as interesting solutions toaccommodating differences among populations divided by ethnic or cultural cleavages yet

seeking a common political order.

2. Most of the countries are threatened by a new upsurge of ethnic nationalism. Ethnic

rivalry has now acquired a new and vitally important dimension in the crisis of Sri Lanka.

The nature of the ethnic strife in Sri Lanka, as in other parts of the world, is a part of the same

world phenomenon of the desire of the ethnic group to achieve either supremacy or equality.

3. Since the 1990s ethnic violence within states has become much more common than

interstate violence and tends to be harder to stop, leading to the question, how states can

avoid ethnic violence and best accommodate multiple ethnicities within their boundaries.

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4. The problem in Sri Lanka, therefore, is to make the State a nation as the former now

consists of segmental polities with different loyalties. The aim of this study, therefore, is to

seek an investigation into competing demands and responses in order to straighten the issue

with a view to finding a durable solution to the ethnic conflict which, within two decades, has

totally de- stabilized the country. The conflict in the last decade, involved physical violence,

and it began to escalate with the growth of competing demands of the two major ethnic

groups. The nature of the relationship between the conflict and violence is complex, and it

has escalated largely because of the perception that politicized ethnicity needs to be linked

with a struggle for national liberation.

4. The evolution of Sri Lankas ethnic conflict can be likened to a snowball rolling down

a hill. At the beginning it is small, but as time passes, it develops a momentum of its own,

becomes larger and more complex, absorbs other elements, thereby making it more difficult

to respond to. Sri Lankas ethnic conflict has evolved from one based on questions of

representation, grievances based on discrimination and language to a demand for

decentralization to autonomy to devolution. More recently the focus has been on Tamil

aspirations including nationhood, self-determination and confederation.

6. The negotiation process between the Sri Lankan government and the Liberation

Tigers of Tamil Eelam (LTTE) has reached a new stage with the agreement in Oslo to settle

the ethnic conflict through a federalist solution. In the light of the history of the ethnic

conflict and the debate on its possible settlement, this can be seen as a major breakthrough,

both from the side of the LTTE as well as the Sri Lankan government. The peace talks and

the process of negotiating a settlement of the 20 year old ethno- political war in Sri Lanka

will require ideas for the reformation of the political system of Sri Lanka, which are suitable

to accommodate the interests and grievances of the two conflict parties as well as other

identify groups, like the Muslim community.

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7. As a result of above, the liberals of major ethnic groups have seen federalism as a

viable solution to Sri Lankan context as in many countries in the world with diversified

ethnic communities.

HYPOTHESIS

8. Federalism can be seen, as the only alternative one can perceive as the optimum

solution to the ethnic conflict in Sri Lanka

9. Oslo Peace Talks GOSL & LTTE. The 1 statement issued in Oslo by the Royal

Norwegian Government at the conclusion of the third session of peace talks between the

GOSL and the LTTE on December 05, 2002 read as follows,

Responding to a proposal by the leadership of the LTTE, the parties agreed to explore a

solution founded on the principle of internal self- determination in areas of historical

habitation of the Tamil- speaking peoples, based on a Federal structure within a united Sri

Lanka. The parties acknowledged that the solution has to be accepted to all communities

10. The above statement bears testimony to the timely need of search for a solution within

the meaning of federalism.

11. Oslo Statement. Some 2 of the important decisions reached at the third round of talks

held in Oslo Norway from 2-5 December 2002 to the final round held in Japan are as follows:

a. Explore a solution founded on the principle of internal self deter ministration

in areas of historical habitation of the Tamil speaking peoples based on a federal

structure within a united Sri Lanka.

1Sri Lanka Etnic Problem & Solutions -By Mr Lionol Guruge

2Sri Lanka Etnic Problem & Solutions -By Mr Lionol Guruge

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b. Establishment of a northeast reconstruction fund.

c. LTTE in partnership with UNICEF to draw up an action plan for restoring

normalcy to the lives of children (Since the Sub-Committee on prevention of Disputes

in High Security Areas and Restoring of Normalcy had been rendered inactive, the

LTTE decided to leave the committee)

d. Immediate establishment of U.N. Fund for the reconstruction of the eastern

province and World Bank being recommended as its custodian.

e.

Invite Amnesty International ex-Secretary General, Ian Martin to initiate on

human rights in the context of the peace move.

f. LTTE undertook to abandon conscription of children soldiers.

g. The two parties mutually agreed to reactivate the Committee on Ceasefire

Agreement and prevent confrontation in the seas after the Sri Lankan Navy destroyed

a trawler suspected to be an LTTE craft transporting arms.

h. LTTE expressed its dissatisfaction over the governments decision to hold

local government elections in the north- eastern provinces.

CHAPTER ONE

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HISTORICAL BACKGROUND OF THE ETHNO- POLITICAL CRISIS IN SRI

LANKA

12. The malfunction of the provincial Councils scheme, which, in fact, had quite a few

features of a quasi-federal scheme of government, and the resumption of military operations

against the Tamil separatists have prejudiced a certain part of the political opinion in the

country to observe the option of introducing a federal system of government for Sri Lanka.

The Tamil United Liberation Front (TULF), which discarded the idea of federalism in 1972,

has renewed its demand for a federal state and a few minor parties have begun to discuss the

federal status as a solution to the ethnic issue. India seems to support the idea, and the Indian

analysts considered the provincial Councils scheme as a basis, which eventually could pave

the way for a federal status. The proposal for a federal scheme of government, as all previousattempts at such a solution, is specific to be disruptive in Sri Lanka and the manifestations of

such a controversy has already begun.

13. The representatives 3 of Kandyan interests demand for a federal state was first made

before the Donoughmore Commission in 1929. The Kandyan National Assembly, which was

an elite political organization consisting of the traditional upper-class elements of the

Kandyan Sinhalese, went before the Donoughmore Commission and demanded federal status

for the Kandyan areas. They placed a document titled Detailed Proposals for the Reform of

the constitution before the Donoughmore Commission and demanded the division of the

country into three different states:

3Devolution and Development in Sri Lanka 1994 Welikala, Asanga- (Discussion Paper)

3Devolution and Development in Sri Lanka 1994 Welikala, Asanga- (Discussion Paper)

a. One state for the Kandyan areas;

b. Second state for the low country Sinhalese areas.

c. The third state for the Tamil provinces.

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14. The Kandyan National Assembly, on the basis of this division, wanted the Kandyan

state to be given recognition as a national unit, and it was to consist of the five provinces:

Central, North Central, North Western, Uva and Sabaragamuva Provinces. This was

primarily a strong appeal for self- government for their provinces to which they claimed are

entitled under the Kandyan convention of 1815.

15. The Kandyan 3 claim for a separate state was again revived in 1944 before the

soulbury Commission, which, as its predecessor, rejected the demand on the ground that the

need of the situation is to rise above differences of community They, however, thought that

a scheme of provincial councils as an extension of local government would provide

favorable opportunities for the Kandyan provinces to undertake programmes of rehabilitation

and development. This showed that the colonial authorities never considered a federal system

of government as an alternative applicable to the conditions of the island. The then existing

socio- economic conditions and the level of ethnic division provided no basis for such a

scheme of government.

16. It was at this time that the late Pri Minister Mr S.W.R.D Bandaranaike began

discussing the applicability of the federal system of government for Sri Lanka. Since his

views on this subject, the present day advocates of federalism to find a justification for the

demand have used which he expressed at the beginning of his political career and they

deserve to be examined in detail. This is relevant to the current discussion in the country.

Bandaranaike, speaking on the subject federation as the only solution to our political

problems (1926), discussed the applicability of the federal model of government. His views

were endorsed by the Kandyan National Assembly, which demanded a separate State for the

Kandyan provinces.

17. Bandaranaike framed his ideas on the question of federalism in the broad context of

constitutional reforms; in other words, he referred to an alternative scheme of government

that deserved consideration. Basing his arguments on the islands unique experience in the

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ancient past, he stated, There were two forms of government in the island- the ancient

system of land tenure and the Headman system of provincial administration. Under this

system of government, the country remained divided into various units up to the level of the

Gamsabhawa - the village council composed of the head of each family in the village.

Bandaranaike saw this structure of both the social and political organization as a form of

loose federation bound by one common oath to the King This form of government

disappeared with the establishment of a centralized administration by the British and this, as

Bandaranaike stated, was a bureaucratic from of government.

18. Federal Demand. The4 need for a federal solution to the Sri Lankan problem of

majority- minority relations surfaced with the formation of the Federal party in December

1949, and at the very inception itself, it designated itself as the Federal Freedom party of the

Tamil- speaking people of Ceylon. The aim of the Federal party, as has been authenticated

by professor A.J Wilson, was to advocate the formation of a Ceylon Tamil State, and it,

therefore, appealed to the nationalism of the Tamil people with a view to rousing them on the

basis of the recognition of the existence of a separate Tamil Kingdom in the North of Sri

Lanka, before the coming of the Portuguese in the Sixteenth century There were attempts, at

the very initial stage of the formation of the Federal party, to think in terms of separate

statehood with a view to federating with India.

19. This, however, was not pursued because of the probable reaction of the Sinhalese

majority in the country but the design was to enter into a larger Dravidian Sovereign State of

4Welikala, Asanga- Democratization and Conflict Resolution: The Rationale for Federalizing Sri Lanka

4Welikala, Asanga (Centre for Policy Alternatives (CPA)Fiscal and Financial Arrangements in A Federal Sri Lanka

ISBN-955-8037-58-3

South India. This, undoubtedly, created a perception of fear among the Sinhalese who,thereafter, perceived the federal formula as a part of a wider strategy to form a Dravidian

state in south India. Yet another perception of the Sinhalese was that concessions on

federalism could lead eventually to a demand for a separate state, and therefore, they were

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not prepared to extend any concessions to the Tamil community. The Federal party, taking

the fears of the Sinhalese as well as the reactions of India into consideration, adopted the

federal demand with out seriously damaging the unitary principle or providing undue

encouragement to Tamil separatism. The Federal party took the view that the problems they

faced as a linguistic (Language) minority in Sri Lanka flow from the unitary character of the

Constitution, and therefore advocated the conversion of the present Constitution of Sri Lanka

from a unitary one to a federal one. The argument was that a unitary state established in the

context of ethnic diversity couldnt consolidate itself as a new independent state. The Federal

party therefore called upon the Tamil people to agitate for the replacement of the present

unitary constitution by a federal type of constitution and for the creation of an autonomous

Tamil state carved out on a linguistic basis within the framework of a Federal Union.

20. The Federal party advocated an autonomous Tamil linguistic state within the

framework of a federal union of Sri Lanka and it, they argued, was the only rational and

proper constitution for a bi-lingual country. They also wanted the adoption of a federal

constitution to give recognition to the right of self- determination. This indicated that the

basis demand of the Federal party has always been federalism though a fairly large section of

the Tamil people themselves were not in favor of federalism. But they utilized the language

issue in the post- 1956 period to support the opinion in favor of federalism.

21. Political Demands /Ethnic Tensions. The ethnic tensions developed over a period of

time though they heightened post independence. Although at the time of independence

Ceylonese raised a collective voice for liberation from the British and a series of subsequent

events lead to a deterioration of ties between the Sinhala and Tamil leaders. One such

development was the transformation of the electoral system from a communal to a territorial

one thereby putting the majority community in a politically advantageous position. Some of

the other political and constitutional developments that contributed to the deterioration of ties

were the infamous Official Languages Act of 1956, land colonization schemes for Sinhalese

in the North and East of the country and education policies introducing quotas which

restricted access to education and employment opportunities for minorities.

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22. Consequent5 to such discriminatory policies by the majoritarian state the Tamil

politicians agitated and put forth their demands to rectify the situation. Although the

subsequent government responded in the form of the Official Languages (Special provisions)

Act of 1958 and designing proposals for devolution of power, lack of political will on the part

of the state resulted in the non- implementation of the remedial steps. Of such steps the

proposals for devolution of power demands discussion. Talks between Bandaranaike-

Chelvanayagam (1957) and Dudley Chelvanayagam (1965) among other issues focused on

the devolution of power to the regions. However neither the regional councils did not suggest

in the first agreement nor the district councils worked out in the second saw the light of day.

23. At the Bandaranaike- Chelvanayagam talks a regional council system was worked outin detail. The North and East were to have two separate areas but these councils had powers

to work together for specific purposes of specific interest. The regional councils were to be

vested with such powers as land and land development, colonization, fisheries, water

schemes etc. With regard to finances for the councils, the council was to have powers to tax

and borrow while being entitled to a block grant from the central government.

24. Despite repeated requests and as no substantial remedies were affected by the

government Tamil youth took to arms to win their demands. It was at a crucial moment of

this armed conflict that the 13th Amendment to the constitution was made under pressure

from India. However it was a failure in response to the political demand. In short the failure

5 Section2, Part B, Bandaranaike-Chelvanayagam Pact of 1957

of the system could be attributed to four factors, Structural deficiencies inherent in the

system, lack of political will, the Centralist mentality among the implementing personneland bureaucratic incompetence. Some of the structural deficiencies are the restrictive

constitutional framework, which undermines the devolution exercise, the ambiguous

concurrent list that gives opportunity to the central government to seize devolved powers and

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vesting authority on the central government to formulate national policy on all matters

including those devolved. Such provisions provided opportunity for both the politicians and

the bureaucrats to exploit the system for the advantage of the central government. To add to

these obstacles emerge from within the system, opposition to the 13th amendment came from

all sections of society including some segments of the government, the opposition political

parties, the JVP and the LTTE.

25. 13th Amendment . Provincial6 councils were set up under the Indo- Sri Lanka Peace

Accord of 1987. This gave expression to the notion that Sri Lanka is a multi-ethnic and

multilingual plural polity. It was also conceded that every ethnic community has its own

special cultural and linguistic identity and the northern and eastern provinces were traditional

homelands of the Tamil-speaking people of Sri Lanka where they lived in unison with other

ethnic communities. Although the 13th amendment failed to give effect to the full devolution

of powers to the periphery, Dr. Shirani Bandaranaike held the view that the powers devolved

on the provincial councils in Sri Lanka far exceed those enjoyed by the Indian states under

the Indian constitution. Powers devolved on the provincial councils under the 13 th amendment

are contained in three lists as fols:

a. Provincial list (List No. 01), which includes decentralized items.

b. Central government list (List No. 02) items retained with the central

government

6Sri Lanka Etnic Problem & Solutions By Mr Lionol Guruge Centre for Policy Alternatives

6 Edirisinha, Rohan- (Discussion Paper) Federalism: Myths and Realities

c. Concurrent list (List No. 03) According to section 154 G (5)(b) of the 13th

amendment although the provincial councils may make laws with respect to any

matter in the concurrent list, it has to be done in consultation with the parliament. Butthe procedure to be followed has not been explained in the constitution. Section 154 G

(6) states:

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i. If any provision of any statute made by a provincial council is

inconsistent with the provisions of any law made in accordance with the

preceding provisions of this Article the provisions of such law shall prevail

and the provisions of such statute shall to the extent of such inconsistency be

void. Accordingly all matters contained in the concurrent list are subject to

parliamentary control According to 154 G (2).

ii. No provincial council matter should become law unless such matter is

passed by 2/3 majorities in parliament According to 155 (3) (a)

iii. The emergency regulations brought into force under the Public

Security Act shall have the power to supersede, amend or suspend the

operation of the Provincial Council Act.

iv. The 13th amendment outlines the devolution of powers for provincial

councils but conflicts have arisen between the central government and the

provincial councils in the actual implementation of the provisions.

v. The northeast provincial council due to a variety of reasons has

become inoperative whilst all other provincial councils are in operation.

26. It was only under the 13th amendment that statutory provision was made for

devolution of power to the periphery through the establishment of provincial councils. It was

historic to have created near federal administrative structure in Sri Lanka, which continued to

remain a unitary state.

27. The failure of this attempt at devolution and resolution of the conflict lead the PA

government to embark on the constitution reform project 1994-2000. The key features of this

attempt that need mention are the removal of article 2 and article 76 of the present

constitution that stand in the way of meaningful devolution. Although all of the proposals fell

short of carrying the word federal the deletion of the unitary label in itself was seen as a

progressive step forward. In the proposals Sri Lanka was introduced as an inseparable union

of Regions and subsequently as consisting of the center and regions. To pacify those who

feared the effect of deleting the unitary clause, a number of provisions were included to

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protect the unity and safeguard the territorial integrity of the country. These proposals carried

two lists (Reserved list setting out the subjects coming under the center and Regional list,

listing the subjects vested in the Regions. There was no concurrent list) specifying the

subjects coming under each authority. Some of the glaring shortcomings of the project were

the absence of a mechanism for regional representation at the center, mechanism to deal with

disputes between center and regions and between regions, continuation with the subordinate

nature of the regions to the center. Just like its predecessors amidst political disagreements

the project was completely abandoned due to both substantive and procedural defects.

28. The PA Government-LTTE Negotiations. The new government took immediate The

parliamentary election of 16 August 1994 was narrowly won by the People's Alliance (PA), a

coalition of centre-left, left and minority-based parties dominated by the SLFP. Having

campaigned on a peace platform steps to initiate dialogue with the LTTE. In response to the

peace-making overtures of the new government, the LTTE indicated its compliance to re-

enter peace talks for the first time since 1990.

29. Starting7 in October 1994, four rounds of talks were held in Jaffna between

government teams of varying composition led by the Secretary to the President, Mr. K.

Balapatabandi and a four-member LTTE delegation led by Mr. S. P. Tamilselvan. All the

talks were supplemented, and effectively driven, by an exchange of over 40 letters between

the president and her representatives and the LTTE.

7http://www.c-r.org/accord/sri/accord4/acc_18_4_95.shtml

7Government strategies for war and peace in Sri Lanka 1994-98- Kumudini Samuel

30. The first three rounds of talks yielded some results, notably the cessation of hostilities

and an easing of the government's economic embargo on Jaffna. During this period, however,

it soon became apparent that the government and the LTTE had fundamentally different

agendas. The government wanted to negotiate simultaneously guidelines for a formal

ceasefire, a programme of reconstruction and rehabilitation for the war-ravaged north and

east and a political package to solve the ethnic conflict. The LTTE, meanwhile, required a

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step-by-step process, which included a formal ceasefire and the 'normalisation' of civilian life

in the north and east before political negotiations could commence. This position called for

the redressing of the consequences of war before addressing its causes.

31. The LTTE made the fourth round of talks dependent on the acceptance of four

demands: a complete lifting of the economic embargo on Jaffna save for goods such as

explosives and firearms; the lifting of the ban on sea fishing; the dismantling of the

armycamp at Pooneryn, on the main road link between Jaffna and the mainland; and the right

for armed LTTE cadres to move unimpeded throughout eastern Sri Lanka.

32. The government accepted the first two LTTE demands as linked to the people's well

being and indicated willingness to compromise. The embargo on fuel was to be lifted and

fishing permitted except within one kilometer of army camps on the coast. The government

also promised to review the status of the Pooneryn camp within three months or with the

resumption of political negotiations, whichever came first. At the same time, however, it

suggested that Pooneryn, as well as the movement of LTTE cadres in the east, should be

discussed in the light of the cessation of hostilities agreement which had provided for the

freezing of all military positions.

33. The PA Coalition. An alliance of several centre-left and leftist political parties, the

PA entered Parliament as the largest single grouping after the 1994 general election. It is

dominated by the Sri Lanka Freedom Party (SLFP), which holds 87 per cent of its

parliamentary seats. To achieve a parliamentary majority and form an effective government,

the PA was required to enter into coalition with the seven MPs of the Sri Lanka Muslim

Congress (SLMC) and P. Chandrasekaran, the single MP of the Up-Country People's Front

(UCPF), elected to Parliament as an independent. Under Chandrika Bandaranaike

Kumaratunge, the PA was able to persuade the Ceylon Tamil parties in Parliament and the

Ceylon Workers Congress (CWC) representing Up-country Tamils to support its initiatives

for peace and constitutional reform.

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34. While these promised concessions salvaged the fourth round of talks, the LTTE

declared them evasive and non-committal and by 18 April had announced their withdrawal

from the negotiation process. On 19 April, they attacked and destroyed two gunboats of the

Sri Lanka navy anchored at Trincomalee, unilaterally ending the cessation of hostilities.

35. Many explanations have been proffered for the break-down of the negotiations: that

the Sri Lankan government was not serious about restoring 'normalcy' to the civilians living

in the north; that both the LTTE and the military used the period of 'peace' to re-arm and

regroup; that the LTTE leadership was unwilling to countenance an openly democratic

process leading to the solution of the ethnic conflict; and that the government sought merely

to establish a favorable impression among the international community to secure economic

assistance. What is clear is that, in unilaterally collapsing the peace process, the LTTE

damaged its own credibility and enhanced that of the government, both nationally and

internationally.

36. Ceasefire and Cessation of Hostilities. The cessation 8of hostilities agreement signed

in January 1995 by the government and the LTTE included many of the clauses of a formal

ceasefire agreement covering monitoring committees, communications between forces

commanders and restrictions on the position and movement of combatants. The contentious

feature was the final clause under which the only condition for either side to terminate the

agreement was the delivery of at least 72 hours notice.

8http://peaceinsrilanka.org

37. The crucial difference was that the government, in contrast to the LTTE, took a multi-

track approach to negotiations. While it was willing to discuss confidence- building measures

such as the lifting of embargoes, the rehabilitation of the north and the restoration of

electricity supplies, the government was also keen to move forward on the framework of a

political solution. The LTTE, on the other hand, wanted evidence that confidence-building

measures would be implemented before they proceeded with further negotiations. The LTTE

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was also jealous of its perceived status as the sole legitimate voice of Ceylon Tamil

nationalism. As such, it warned the government not to release political proposals without its

input and approval.

38. Relations between the government and the LTTE began to sour in the next few

months. Elements within the government began to doubt the good faith of the LTTE while

the LTTE accused the government of failing to fulfill its promises to relieve socio-economic

hardship in the north. By 19 April 1995, all goodwill had lapsed and Eelam War III, as it

came to be called, had begun.

39. Devolution Proposals after Failed Attempts. Having9 failed in its attempts at

negotiation, the government embarked on a new strategy for resolving the armed conflict,

which was at once highly ambitious and deeply controversial. On the one hand, a full-scale

military assault was launched with the purpose of eliminating LTTE control of the north and

east. On the other, the government sought to devise a devolution package behind which all

constitutional political parties could unite. Seeking to engineer peace while continuing

hostilities with a powerful and determined adversary was a novel and high-risk strategy. The

PA government pressed ahead, however, and published the first of three versions of its

devolution proposals on 3 August 1995.

9Premaratne, Eranthi- (Paper presented at the Euro Regions Summer University, Institute of Federalism, University of Fribourg,

Switzerland)Sri Lanka: From a Unitary to a Federal State

40. Seeking to redefine 'the constitutional foundation of a plural society within a united

and sovereign Sri Lanka', the proposals set out a basic framework for the structure of

devolution, for government finance, for law and order, land, education, the administration of

justice and the civil service. They also suggested a specific government commission on

devolution and a division of powers based on just two lists of functions; one Regional, one

'Reserved'.

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CHAPTER TWO

SCHEMES OF DEVOLUTION OF POWER: IN AN ATTEMPT TO FIND A VIABLE

SOLUTION TO THE ETHNIC CONFLICT.

41. The federal idea is about unity in diversity. It means self-rule and shared rule. That is,

the centre, which shares power with the regions, is responsible for certain areas of

government, whilst the regions administer themselves in others. Most commonly, areas of

central competence are powers with regard to defence, monetary policy and foreign relations.

Most federal states have elaborate formal or informal structures of intergovernmental co-

operation, especially over fiscal and expenditure responsibilities. Federal inter-governmental

relations are not only between the centre and the periphery; they are between regions as well,

and represent interlocking mechanisms of power sharing and co-existence. This particular

feature also illustrates the ethos of peaceful, amicable, co-operative interdependence that is

the hallmark of federal systems.

42. It is in the wake of this that the present federal discourse discusses the model of

federalism to be adopted, nature and extent of the division and sharing power and nature and

number of constituent units. It is widely accepted that Sri Lanka should not directly adopt any

available model but rather study existing models and adopt and adapt one that is suitable to

us. Some of the recommended models are the existing federal systems of Canada, India,

Belgium and Switzerland.

43. Division of Power. Discussion on sharing and division10 of power is inherently

important in the discourse. In this regard as is the tradition it is expected that subjects such as

foreign policy, external relations, national defence, will be retained at the center while

education, health, transportation will be devolved to the periphery. However a number of

disagreements between the parties are bound to arise during the discussion. The existing

LTTE military structure and the future of national defence and the demand by the LTTE to

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receive and administer foreign loans and funds independently of the center and its impact on

the future of external relations and finance are two issues expected to raise in future proposals

too.

44. Another point that will be difficult to reach agreement on is the powers of each

authority over resources. It is essential for each unit to have sufficient amounts of resources

for survival. In this regard land remains a highly controversial issue. Land under the 13 th

amendment is a devolved subject, subject to certain conditions. However the central

government at all times effectively maintains a tight control over land, land development and

related issues. Other subjects that are bound to raise heated debates are irrigation, water and

forests.

45. What the two parties (LTTE&GOSL) seem to agree on is the problematic nature of

the concurrent list and the necessity to do away with it. Given the negative experiences of

power sharing it is no surprise that both parties seem to want to draw a clear distinction

between powers of the two authorities to avoid ambiguity and the consequent power

struggles. As power sharing between the two authorities of power is inevitable, this objective

may not necessarily be achieved. A practical hindrance to the smooth functioning of the

10devolution Proposals of 1996

federal structure would be the centralising attitude of the Sri Lankans in general and the

central government authorities in particular. The LTTEs highly centralized attitudes are also

bound to make the implementation of shared power even more difficult.

46. When discussing11 sharing and division of power a factor that demands attention is

whether Sri Lanka will adopt a symmetric or an asymmetric model. Those in favor of

asymmetric federalism justify their view on the basis that if the Tamil peoples right to

internal self determination is recognized and their aspirations for a homeland is to be met it is

only but fair to confer them with special powers. Another argument in favor of asymmetric

federalism is that since it is only the Tamil political groups that are serious about division of

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power they should be entitled to be conferred with extra powers. In this regard it is of the

view that a Quebec style arrangement would be most suitable to base the asymmetric model

for Sri Lanka. Challenges for such an arrangement would come in the form of a merged

North East and Muslims, and resistance by the southerners. Just to get a feel for the amount

of resistance that an asymmetric model may encounter.

47. Another issue that is discussed in the discourse is the nature and number of units.

Although the debate is tilted in favor of a territorial framework the non-territorial nature of

the system comes up in relation to the upcountry Tamils and Muslims. With regard to the

former it is argued that they may not constitute a People within the same category as the Sri

Lankan Tamils as the two communities do not have much in common including their

aspirations. There is also the question as to whether they would want to share power with the

Sri Lankan Tamils. With regard to the latter the issue is raised as about majority of the

Muslims live dispersed and away from the East.

48. Minority Communities. There is much ambiguity with regard to the number of

constituent units in the federal structure. It is also unclear whether North and East will

11Subairdeen, Muslims and the Ethnic Conflict, The Island, 5th June 2003

constitute a single unit or if they will be de-merged. The Tamils of course demand for a

single Northeast unit as the resources of the East is vital for development, hence the demand

for internal self determination of the Tamil speaking people. The Muslim12 community on

the other hand is not happy with the idea of a single North- East unit and demand for a

separate administrative unit for Muslims within such unit. The leadership of the Sri Lanka

Muslim Congress (SLMC) demands a de-merged East for the Muslims if the LTTE fails to

stop attacks on them. The majority of the Muslim population in Sri Lanka continues to live inareas away from the northland eastern provinces. Prior to the onset of the ethnic war, their

identity was not a contentious political issue. It does not mean that the Muslim community

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did not really have problems when the ethnic war broke out in 1980s.Of course; their

problems were not viewed in a political perspective.

49. In the search for a political solution to the ethnic conflict, the Muslim community

demanding a single administrative council in the Eastern province. Though a similar proposal

was included in the Bandaranaike-Chelvanayakam Pact, it failed to gather momentum till the

1980s. Whilst the LTTE launched its campaign for a separate state, the Muslims put forward

their claim mainly for an administrative unit, which would guarantee their separate identity.

The government made use of the Muslim community in the north and east for only war

purposes and in consequence they fell easy victims to assassinations by the LTTE. Muslims

who were evicted wholesale from the Jaffna peninsula by the LTTE in 1990 sought refuge in

the eastern and southern parts of the country. A host of problems such as devolution of

power, security, land and levy of taxes has seriously affected the lives of the Muslim

Community. The Muslim congress, which really brought the Muslims to the political

limelight, is in crisis today. After the ceasefire agreement, the Muslim Congress and the

LTTE reached agreement on 06/04/2002 on the following lines:

12Sri Lanka Ethnic Problem & Solutions -By Mr Lionol Guruge

a. Return of lands expropriated from the Muslims by the LTTE.

b. Restraining levy of taxes from the Muslims.

c. Cessation of violence against the Muslims.

d. Recognition of Muslim Congress as the sole representative of the Muslim

community.

e. Establishment of peace committees at every village in the eastern

province.

50. As the compliance with these assurances were not forthcoming problems arose again

between the two parties. Devolution13 of power to a single regional council for north and east

would result in a 17.6% reduction in the Muslim population. It is quite natural for the

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Muslims to oppose any move to set up a single regional council, since their community

constitutes 35% of the entire eastern province population. However, in the event of the

eastern province being carved out, the devolution of power- manner of devolution based on

population and the extent of devolution would pose a challenge to the authorities.

51. Apart from the specifics other mechanisms suggested are the double majority and a

mechanism for power sharing at the center between the majority and minority communities.

From the point of view of the minorities it is essential that a rigid constitution is put in

place to ensure that decisions taken and embodied in the constitution will not be unilaterally

changed by the majoritarian governments and powers given with one hand are not taken away

by the other.

52. The first milestone in the devolution policy in Sri Lanka was the 13th Amendment to

the Constitution, certified on 14 th November 1987 with the introduction of the Provincial

Council System. Devolution of power was introduced for the first time in the post-colonial

Sri Lankan Constitution.

13 www.statistics.org

53. The Indo-Lanka accord provided acknowledgement of the distinct character of the

Northeast, although the devolved powers granted to the regions were limited, leaving most

powers with the central government. The 13th amendment permits the centre both to retain so

much power and also to undermine devolved powers so easily, that it could not lead to

substantial devolution.

54. The reform proposal from 1995, which is incorporated in the draft constitution

produced in 1997, represents the most far-reaching attempt to share power as a means of

ethnic reconciliation. It defines the nature of the state as a Union of regions This draft

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constitution, in moving away from a fixed unitary state, has brought about a pattern shift in

policy formulation towards a meaningful sharing of power between regions and communities.

55. Viable Proposal on Devolution. The most current proposal on devolution is the Draft

Constitution from August 2000 for which both major parties reflected the agreement.

However, the proposal is rather unsatisfactory and even moderate Tamil parties who were

willing to compromise and support the October 1997 draft, had difficulties in accepting it.

The most significant negative change was the deletion of the reference to Sri Lanka as a

union of regions.

56. Increase of good control at the local level would necessitate more independence of the

local Government from national party politics and financial empowerment of the local

authorities. The same is relevant for the newly established interim institutions in the North-

East of Sri Lanka, Which should work transparently, encourage peoples participation and

should be inclusive of all identify groups to avoid the fuelling of new tensions. At the same

time the new arrangements should avoid further disempowerment of the existing democratic

institutions at the local level. The recently revived discussion on federal structures as means

to facilitate conflict resolution in Sri Lanka needs to keep the different settings within the 8

provinces of Sri Lanka in mind trying to accommodate the claims of the respective minority

groups. The question of autonomy is central to many conflicts today and regional autonomy

can play an important, constructive role in mediating relations between different communities

in multi-ethnic states. It can defuse conflicts. It is a particularly appropriate mechanism for

the protection and promotion of the culture and values of a community. But it is not an easy

device to put into operation, especially considering that there are often minorities within the

newly created regional units, which again need to be recognized and accommodated. Great

political and technical skills are required to structure the federal set-up and make it work.

57. In recent times revived debate on a federal solution to the conflict in Sri Lanka within

the peace process there is naturally the tendency to focus mainly on the conflict in the

Northeast. Besides the model of a integration, the idea of introducing asymmetric federal

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structures, through devolving autonomy only to the North-Eastern Province and not to the

same extent to the other provinces is recently discussed. That regional autonomy could be

acceptable to the LTTE has been a major outcome of the first round of peace talks in

Thailand in September 2002. As there are no similar claims for autonomy from the southern

or central regions, asymmetric devolution of power or federalism could at the same time help

to avoid overburdening the other regions with additional responsibilities to be carried out by

intermediary institutions within a federal structure. With the encouraging signal made by the

LTTE it seems to be the right time to discuss the potentials and obstacles as well as different

models of a federal state structure in more depth and in a transparent way. This will require

that more politicians, civil society activists and the people be getting involved in this

discourse. There are still a lot of open questions and scope for discussion of different models

of federalism. But it needs to be kept in mind that it is not only the grievances of the North-

Eastern Tamils, which need to be addressed in the coming peace talks, but also generally the

grievances of different minority groups in all regions of the country.

CHAPTER THREE

FEDERALISM IS CONSIDERD AS A PERCEIVED POLITICAL SOLUTION TO

THE ETHNIC CONFLICT.

58. The failed attempts at devolution of power within a unitary constitution have only

strengthened the belief among those advocating the division of power says that meaningful

power sharing is only possible within a federal framework. The arguments for and against a

federal Sri Lanka are by no means unique. Rather they are based largely on the fundamentals

of federalism.

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59. The Federal Framework. Meaningful division of power at this particular point in time

for Sri Lanka is necessary for two main reasons; firstly as a means of reducing the existing

autocratic nature of the State and secondly as a means of addressing the present conflict.

Federalism for the first cause is advanced for its salient feature, division of power. Thereby a

federal constitution is expected to take the highly concentrated powers away from the center.

As the present governing structure stands the central government is all-powerful and all

powers including those devolved could be exercised by the center. Adding to the highly

centralized nature is the executive presidential system. The federal framework is expected to

reduce substantially the autocratic nature of the center and provide for a reasonable

distribution of powers between the center and periphery.

60. As mentioned above proponents of federalism see this as the only way to ensure a fair

distribution of resources and opportunities. The present conflict and the two JVP

insurrections were triggered off to a large extent due to certain sections of society being

deprived of resources and opportunities. Therefore any sustainable solution should

adequately address this issue. Fair distribution of resources and opportunities would ensure

increased participation of those marginalized from both minority and majority communities

in the democratic decision making process. A federal framework therefore would be the best

to address minority grievances and also to solve many difficulties facing the marginalized

within the majority community.

61. In the present context the federal constitution for Sri Lanka will be introduced as a

result of the resolution of the present conflict. Therefore the highly diverse nature of the Sri

Lankan society is to be emphasized in the federal constitution and consequently provide for

reconciliation. It is in this respect that the unity in diversity aspect of the federal system will

be invoked. This coupled with the division of powers to ensure a fair distribution of resources

is expected to provide for durable peace.

62. Opponents of the cause on the other hand argue that meaningful devolution can be

done within a unitary constitution. It is their contention that the present 13 th amendment (with

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or without modifications) could be used if supported by political will. However what needs to

be understood is that within the existing unitary framework the Provincial Councils occupy a

subordinate position to the central government, which makes meaningful devolution

impossible.

63. Strong opposition is raised on the point that a federal structure would lead to an

independent State first for the Tamils then for the Muslims and subsequently the

disintegration of the country. It is argued that the demarcation of boundaries of the States and

existing organized administrative structure would make secession easier. USSR and

Yugoslavia are frequently quoted examples for disintegrated federal countries. What one

should note in this regard is that though federations, both these examples were communist

States in which democracy was a far cry. Feeding into the fears of potential secession is the

LTTEs total disrespect for democracy, their insistence on an exit clause in the constitution

and their capability of unilateral and de facto separation.

64. Federalism is a lively discussed issue in Sri Lanka since 1926, when S.W.R.D

Bandaranaike advocated the idea of federalism as a constitutional response to Sri Lankas

diversity. Federal and quasi-federal solutions have been central to the constitutional debate on

the resolution of the conflict in the North-East. The potentials of conflict management

through a federal system are discussed and promoted by different parties, academics and

organizations.

65. Democracy does not guarantee sufficient representation for all interest groups, as

majority rule may permanently shut minorities out of power. In such circumstances of

politically mobilized ethnic consciousness, a unitary state is liable to leave minority ethnic

groups feeling powerless, insecure and excluded. The lack of influence over decision-making

and recognition often leads to secessionist movements of mobilized ethnic groups.

Federalism plays a valuable role in strengthening democracy by institutionalizing

decentralization and thus preserving the autonomy of regional and local governments, and

providing a better representation to minority groups. Therefore federalism can hold a multi-

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ethnic state together by reconciling nationalism and democracy in a multi ethnic state giving

territorial concentrated minorities authority over matters of local concern, security in the use

of their language, culture, and religion, and protection from the discretion of the sentiments

of the national majority.

66. Disintegrated Federal Countries. Countries seeking to maintain the unity of the state

in multiethnic and Multinational societies choose federalism as a form of geographical

pluralism. A federation is a way of bridging ethnic diversity by incorporating such

differences within a wider political community.

67. The territorial autonomy enables national minorities to establish and govern their own

public institutions operating in their language including schools, universities, courts and

regional parliaments. The following federal states provide an overview of the changing nature

of federalism and discuss basic characteristics of the federal systems, Some of the

recommended models are the existing federal systems of Canada, India, Belgium and

Switzerland are given as annex A.

CHAPTER FOUR

FEDERALISM: WILL IT BE ABLE TO BRING ABOUT LASTING PEACE?

68. Another case in point that needs discussion is whether a federal framework would

indeed be successful in achieving democracy if the LTTE continues with its fascist

undemocratic practices. This is a matter that needs serious thought, considering the fact that

LTTE claims to be the sole representatives of the Tamil people and therefore the legitimate

authority of power.

69. A point that is repeatedly raised during discussions is the creation of minorities within

minorities and if this would result in the regional minorities suffering a similar fate as the

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national minorities. The demand for a separate State has been on the basis of the Tamil-

speaking people right to self-determination. However Muslims though Tamil speaking,

having suffered at the hands of the LTTE are insisting on a separate administrative authority

for Muslim dominated areas. The few Sinhalese who lived in the North may never want to go

back to a Tamil majority area.

70. Some of the other objections against a federal Sri Lanka are, given the small

geographic area of the country extensive division is unnecessary and setting up elaborate

administrative structures would only result in unnecessary expenditure and wastage of

resources.

71. After a war is terminated, the establishment of a federation on the basis of equal rights

for the conflict parties can be successful to prevent the outbreak of future conflicts. In this

regard, the Memorandum of Understanding between the Sri Lankan government and the

LTTE has provided the necessary condition to allow the debate on federalism to be re-

established and the ongoing peace talk provides the necessary foundation that the

establishment of a future federal structure for Sri Lanka can be envisaged.

CONCLUSION

72. The decision by the Government and the LTTE to explore a political settlement of the

conflict based on internal self determination for the Tamil speaking peoples in their areas of

historical habitation founded on federal structure within a united Sri Lanka, in December

2002 as an outcome of the third round of peace negotiations, had cast the idea of federalism

into the spotlight of the conflict transformation process in Sri Lanka. Moreover, it can be

argued that it has removed the disreputable very idea was bound in as far as political

discourse in Sri Lanka is concerned.

73. Federalism is somewhat strange to this island but the idea of federalism and the

legislative provisions paving the way for a federal structure is totally not new to us. The

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cardinal feature of federalism is distribution of powers between the federal authority and the

federating units. The provincial council system commissioned under the 13 th Constitutional

Amendment marks the first attempt at devolving power to the periphery. It was also the first

constitutional effort made to resolve the ethnic conflict. Federalism offers solutions to

problems that arise in a unitary state. The essence of the federal system is unity in diversity.

Other characteristics such as pluralist society, autonomy for distinct ethnic groups etc. are

noteworthy features.

74. Federalism, incorrectly understood and purposely distorted has been vilified as the

formula for the disintegration of the state and division of the country. At the very best it has

been dismissed as an idea whose time will never come in the local context and been deemed

improbable and unrealistic. After the Oslo Communiqu on 5 th December 2002, this had

changed. Federalism has to be taken seriously. It could be the founding idea of a new social

contract and constitutional special consideration in Sri Lanka. A state so dominated with its

unitary character and an organization likewise monopolized and bent on secession, have

found common ground in committing themselves to an exploration of federalism as the way

out of animosity and the way forward for coexistence. Under a federal constitution full

powers are delegated to each federating unit.

75. The federating units have one or two legislative bodies of their own to discuss matters

concerning the whole country. Each province in Sri Lanka shall be entitled to the right of

autonomy. There should be one or two legislative authorities to decide on the countrys

special revenue and expenditure. Once the thousand and one arguments advanced against this

system subside, federalism will remain the best form of solution for Sri Lankas travails. As

a possible solution to the minority, the Muslims have manifested an interest in an Indian

model put in to practice in Pondichery in South India- a centrally governed system applicable

to geographically noncontiguous areas.

76. The point that needs to be made and made again is that federalism is not a solution or

our current problem: once adapted and put to work shortcomings will be revealed and will

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have to be rectified. In effect, the federal project for democratic peace and governance will be

always in the nature of a work in progress. However, given five and a half decades of ethnic

strife and worsening governance under the defence of unitary state, federalism strongly

recommends itself as the obvious destination of the necessary paradigm shift in our political

and constitutional evolution. We need to get to know it, fashion it to our needs and make it

work. This will be both fascinating and frustrating. Political culture as well as institutions and

processes have to be transformed. Therefore all of us have to be involved and take both our

rights and duties as stakeholders in a new Sri Lanka seriously. Sri Lanka is a country split on

ethnic and religious lines. Such a country could be united through the instrument of

devolution of powers. Only guaranteeing their rights under a federal structure could contain

secessionist tendencies among different ethnic groups in a unitary state. The only viable

solution to this long dragging ethnic conflict will be a federal solution, Asymmetric or the

Symmetric? One needs to practice anyone of these two federal systems to see the feasibility.

IBLIOGRAPHY

Sri Lanka Etnic Problem & Solutions

By Mr Lionol Guruge

Centre for Policy Alternatives

Bindebir, Serap/ Handshin, Mia/ Jovanovic, Miodrag/ Rieck, Christian E

Federalism, Decentralization and Conflict Management in Multicultural Societies

International Community

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Buchanan, James M- (Discussion Paper)

Federalism and Individual Sovereignty

Cato Journal, Vol.15. No.4-5, 2001

Bastian, Sunil (International Centre for Ethnic Studies)

Devolution and Development in Sri Lanka 1994(pp 198-205)

Welikala, Asanga- (Discussion Paper)

Bigdon , Christine (Discussion Paper)

Decentralization Federalism and Ehnic Conflict in Sri Lanka

Buchanan, JM (1995)

Federalism as an Ideal Political Order and an Objective for Constitutional Reform

De Silva, HL (1991)

An Appraisal of the Federal Alternative for Sri Lanka

Sridevi Printers (PVT) Ltd

Edirisinha, Rohan- (Discussion Paper)

Federalism: Myths and Realities

Elazar,Daniel J- (Discussion Paper)

Three Federal-type Solutions in Dealing with Multi-ethnicity:

Published, spring 1999

Elazar, Daniel J-(Discussion Paper)

Federalism and Peace- Making

Commentary, November 1999

Fleming, Thomas- (Discussion Paper )

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The Federal Principle

@ 2002 EBSCO Publishing.

Manikkalingam, Ram (Social Scientists Association 2003)

A Unitary State, A Federal State or Two Separate States?

ISBN 955-9102-53-2 (pp 1-6)

Premaratne, Eranthi- (Paper presented at the Euro Regions Summer University, Institute of

Federalism, University of Fribourg, Switzerland)

Sri Lanka: From a Unitary to a Federal State

Prof. Warnapala, Wiswa WA -1994

Ethnic Strife and Politics in Sri Lanka

ISBN81-7013-129-4 (pp 122-128)

Siriwardene, R (1996)

The Devolution Debate

International Centre for Ethnic Studies

Uyangoda, Jayadeva/Perera , Morina- (Social Scientists Association)

Sri Lankas Peace Process-2002: Critical Perspectives -2003

ISBN 955-9102-54-0

Welikala, Asanga (Centre for Policy Alternatives (CPA)

Fiscal and Financial Arrangements in A Federal Sri Lanka

ISBN-955-8037-58-3

Welikala, Asanga- (Discussion Paper)Democratization and Conflict Resolution: The Rationale for Federalizing Sri Lanka

Welikala, Asanga- (Discussion Paper)

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Towards Two Nations In One State: The Devolution Project In Sri Lanka

Euro Regions Summer University

Welikala, Asanga (Centre for Policy Alternatives (CPA)

The Federal Idea

ISBN:955-8037-83-4 (pp 7-14)

Annex A To

Commandants Research Paper

1. German Federal Government. Germany has a strong tradition of regional government

dating back to the founding of the German Empire in 1871. Since unification in 1990, the

Federal Republic has consisted of sixteen Laender: the ten Laender of the former West

Germany, the five new Laenderof the former East Germany, and Berlin. (However, Berlin

and the easternLandof Brandenburg are slated to merge in either 1999 or 2002.) The Land

governments are based on a parliamentary system. Most Laender have unicameral

legislatures, whose members are elected directly by popular vote. The party or coalition of

parties in control of the legislature chooses a minister president to lead theLandgovernment.

The minister president selects a cabinet to run Land agencies and carry out the executive

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functions of theLandgovernment. Minister Presidents are highly visible national figures and

often progress to federal office, either the chancellorship or a position in the federal cabinet

2. The Basic Law divides authority between the federal government and the Laender,

with the general principle governing relations articulated in Article 30: "The exercise of

governmental powers and the discharge of governmental functions shall be incumbent on the

Laenderinsofar as this Basic Law does not otherwise prescribe or permit." Thus, the federal

government can exercise authority only in those areas specified in the Basic Law. The federal

government is assigned a greater legislative role and the Land governments a greater

administrative role. The fact that Land governments employ more civil servants than by

federal and local governments combined illustrates the central administrative function of the

Laender.

3. The Basic Law divides the federal government's legislative responsibilities into

exclusive powers (Articles 71 and 73), concurrent powers (Articles 72, 74, and 74a), and

framework powers (Article 75). The exclusive legislative jurisdiction of the federal

government extends to defense, foreign affairs, immigration, transportation, communications,

and currency standards. The federal and Land governments share concurrent powers in

several areas, including civil law, refugee and expellee matters, public welfare, land

management, consumer protection, public health, and the collection of vital statistics (data on

births, deaths, and marriages). In the areas of mass media, nature conservation, regional

planning, and public service regulations, framework legislation limits the federal

government's role to offering general policy guidelines, which the Laenderthen act upon by

means of detailed legislation. The areas of shared responsibility for the Laender and the

federal government were enlarged by an amendment to the Basic Law in 1969 (Articles 91a

and 91b), which calls for joint action in areas of broad social concern such as higher

education, regional economic development, and agricultural reform.

4. All policy areas not assigned to federal jurisdiction are within the legislative purview

of the Laender. These areas include education, law enforcement, regulation of radio and

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television, church affairs, and cultural activities. The Laender retain significant powers of

taxation. Land officials collect most federal taxes.

5. The Land governments also exercise power at the national level through the

Bundesrat, which is made up of representatives appointed by the Landgovernments. In this

way, the Laenderaffect the federal legislative process. Half of the members of the Federal

Convention, which elects a federal president, are Landofficials, and the Landgovernments

also take part in the selection of judges for the federal courts.

6. American way of Federalism .The principle of American federalism, created in the

eighteenth century, was bold and has greatly affected U.S. history. Its influence continues

today. During the late 1780s the debates over ratification of the Constitution by Federalistsand Anti-Federalists shaped controversies concerning the rights and powers of states in

relation to the federal government.

7. The ideas stated in the "Federalist" papers are at the core of civic culture in the United

States and serve as a reference for citizens in other democratic nations of the world. The 15th

through the 22nd "Federalist" papers, for example, discuss the defects of the Articles of

Confederation, the federal system that preceded ratification of the U.S. Constitution. The 39th

"Federalist" paper shows that federalism provided by the U.S. Constitution is a compound

system that conjoins national and state powers.

8. Although it was not directly named in the Constitution, federalism is a central

principle of government in the United States of America.. This Digest defines federalism and

discusses basic characteristics of the U.S. federal system; provides an overview of the

changing nature of federalism in the United States.The word federal denotes alliances

between independent sovereignties. "The Oxford Guide to the U.S. Government," an

important source for any student or teacher of history, describes federalism in the United

States as "the division of governmental powers between the national and state governments."

"The Oxford Guide" informs that "state governments can neither ignore nor contradict

federal statutes that conform to the supreme law, the Constitution" (Patrick, Pious, and

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Ritchie 2001, 234-235). Unlike a confederation, a federal republic does not permit a state to

have full or primary sovereignty over its internal affairs. If a conflict exists between the state

and federal government, the supremacy clause mandates that federal laws are supreme. The

powers of the central or national government typically are enumerated in a written

constitution.

9. Under the U.S. Constitution, any powers not specifically granted to the national

government are presumed to be retained by state governments. State governments have their

own spheres of jurisdiction and often have been extolled as important laboratories for

governmental experimentation. Throughout United States history, individuals have argued

that the states are better able than the national government to respond effectively to public

policy issues. Others seek the strength of the national government, particularly during timesof crisis. The U.S. federal system has five basic characteristics:

a. Federalism provides a division of legal authority between state and national

governments. Overlap occurs, but two legally distinct spheres of government exist.

b. The states are subordinate to the national government in such areas as

management of foreign affairs and regulation of interstate commerce.

c. Federalism enables positive cooperation between state and national

governments in programs pertaining to education, interstate highway construction,

environmental protection and health, unemployment, and social security concerns.

d. The U.S. Supreme Court serves as legal arbiter of the federal system in regard

to conflicting claims of state and national governments.

e. The two levels of government exercise direct authority simultaneously over

people within their territory. Dual citizenship exists under federalism, and individuals

can claim a wide range of rights and privileges from both state and national

governments.

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10. Political scientists define two types of federalism: dual and cooperative. From one

vantage point, federalism can be viewed as a "layer" cake (dual); from another it may be

pictured as a "rainbow" or "marble" cake (cooperative).

11. Proponents of states' rights and powers hold that the Constitution is a compact

between the states and the federal government. Both states and the national government are

supreme within their own spheres. Advocates of dual federalism argue that the national

government cannot "invade" the power that is reserved for the states.

12. Proponents of the position that the people, not the states, created the federal

government want a cooperative approach to state-nation relations. Cooperative federalism

emphasizes the "general welfare" clause and the "necessary and proper" clause of the

Constitution by which power of the national government may be expanded even if the actions

of the national government touch or overlap with traditional state functions

13. Federalism in Spain. Will Spain eventually cease to exist, at least in its present form?

It sounds an overly dramatic question, but it is one increasingly put forward by rightwing

critics as the prime minister, Jos Luis Rodriguez Zapatero's Socialists look for ways to keep

Spain's more independent-minded regions happy.

14. As a growing rift between Spain's left and right opened further in a parliamentary

debate over socialist proposals to negotiate with armed Basque separatist group Eta, the

country's regional problems are becoming increasingly apparent.

Only a small minority of Basque people back Eta's demands for a separate state, made up not

just of the three provinces of Spain's semi-autonomous Basque region, but also the region of

Navarre and a section of south-west France.

15. Plenty more, however, want the Basque country to have even more independence

from Madrid than the already considerable amount it currently enjoys.

There are similar demands from Catalonia, which wants more control over its own affairs.

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Several other of the 17 "autonomous regions" that Spain was first divided into more than 20

years ago are also seeking greater self-rule.As Mr Zapatero's minority government prepares

to give way to some, but by no means all, of these petitions, Spain's traditionally centrist right

- and some sections of the left are furious.

16. Would federalism satisfy Catalans and Basques? Regional Basque premier Juan Jos &

ecute Ibarretxe, of the non-violent Basque Nationalist Party, has already put forward

proposals that would see his region become a "free associate" of Spain with a right to self-

determination.

17. The new government after winning elections recently, Mr Ibarretxe may be thinking

about toning down those proposals - which were partly designed to encourage Eta to give up

its arms. Opinion polls show that around a third of Basques might vote to split from Spain if

there was a referendum. Another third favour federalism. But centrists - on both the right and

the left - worry that awarding the Basques the right to self-determination would be the start of

a slow disintegration of Spain as first one bit, and then another, falls away. The Spanish

constitution currently calls on the armed forces to "defend Spain's territorial integrity That,

and the fact that the 800 victims of Eta's terrorism lie heavily on the minds of all politicians,

helps explain the virulence of the latest exchanges between Mr Rajoy and Mr Zapatero.

18. Spain, with its 20th century history of civil war and dictatorship, is acutely aware of

the dangers of splitting into what were once called "the Two Spains".

"Little Spaniard who is coming into this world, may God protect you. One of the two Spains

will freeze your heart," poet Antonio Machado wrote almost a century ago.

Some commentators now fret that the divided Spain of yesteryear - though, this time, in a

peaceful form is returning.

19. "The Two Spains were once more snapping their jaws at one another from the orator's

tribune," wrote Jess Cacho in El Mundo newspaper after the recent state of the nation

debate.

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20. Federal System in India. India, a union of states, is a Sovereign, Secular, Democratic

Republic with a Parliamentary system of Government. The Indian polity is governed

in terms of the Constitution, which was adopted by the Constituent Assembly on 26

November 1949 and came into force on 26 November 1950.

21. The President is the constitutional head of Executive of the Union. Real executive

power vests in a Council of Ministers with the Prime Minister as head. Article 74(1) of the

Constitution provides that there shall be a Council of Ministers headed by the Prime Minister

to aid and advise the President who shall, in exercise of his functions, act in accordance with

such advice. The Council of Ministers is collectively responsible to the Lok Sabha, the House

of the People.

22. In the states, the Governor, as the representative of the President, is the head of

Executive, but real executive power rests with the Chief Minister who heads the Council of

Ministers. The Council of Ministers of a state is collectively responsible to the elected

legislative assembly of the state.

23. The Constitution governs the sharing of legislative power between Parliament and the

State Legislatures, and provides for the vesting of residual powers in Parliament. The power

to amend the Constitution also vests in Parliament.

24. The Union Executive consists of the President, the Vice-President and Council of

Ministers with the Prime Minister at the head to aid and advise the President.

25. President. The President is elected by members of an Electoral College consisting of

elected members of both Houses of Parliament and Legislative Assemblies of the states, with

suitable weightage given to each vote. His term of office is five years.

26. 1Among other powers, the President can proclaim an emergency in the country if he

is satisfied that the security of the country or of any part of its territory is threatened whether

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by war or external agression or armed rebellion. When there is a failure of the constitutional

machinery in a state, he can assume to himself all or any of the functions of the government

of that state.

27. Vice-President. The Vice-President is elected by the members of an electoral college

consisting of members of both Houses of Parliament in accordance with the system of

proportional representation by means of a single transferable vote. He holds office for five

years. The Vice-President is Ex-officio Chairman of the Rajya Sabha.

28. Council of Ministers . The Council of Ministers comprises Cabinet Ministers,

Minister of States (independent charge or otherwise) and Deputy Ministers. Prime

Minister communicates all decisions of the Council of Ministers relating to

administration of affairs of the Union and proposals for legislation to the President.

Generally, each department has an officer designated as secretary to the

Government of India to advise Ministers on policy matters and general

administration. The Cabinet Secretariat has an important coordinating role in

decision making at highest level and operates under direction of Prime Minister.

29. The Legislative Arm of the Union, called Parliament, consists of the President, Rajya

Sabha and Lok Sabha. All legislation requires consent of both houses of parliament.

However, in case of money bills, the will of the Lok Sabha always prevails.

30. Rajya Sabha .The Rajya Sabha consists of 245 members. Of these, 233 represent

states and union territories and 12 members are nominated by the President.

Elections to the Rajya Sabha are indirect; members are elected by the elected

members of Legislative Assemblies of the concerned states. The Rajya Sabha is

not subject to dissolution, one third of its members retire every second year.

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31. Lok Sabha. The Lok Sabha is composed of representatives of the people chosen by

direct election on the basis of universal adult suffrage. As of today, the Lok Sabha

consists of 545 members with two members nominated by the President to

represent the Anglo-Indian Community. Unless dissolved under unusual

circumstances, the term of the Lok Sabha is five years.

32. State Governments. The system of government in states closely resembles that of the

Union. There are 25 states and seven Union territories in the country. Union

territories are administered by the president through an administrator appointed by

him. Till 1 February 1992, the Union Territory of Delhi was governed by the

Central government through an Administrator appointed by the President of India.

Through a Constitutional amendment in Parliament, the Union Territory of Delhi is

now called the National Capital Territory of Delhi from 1 February 1992. General

elections to the Legislative assembly of the National Capital Territory were held in

November 1993.

33. Political System. A recognised political party has been classified as a National Party

or a State Party. If a political party is recognised in four or more states, it is considered as a

National Party.The Congress, Bharatiya Janata Party, Janata Dal, Communist Party of India

and Communist Party of India (Marxist) are the prominent National Parties in the Country.

Telugu Desam in Andhra Pradesh, Asom Gana Parishad in Assam, Jharkhand Mukti Morcha

in Bihar, Maharashtrwad Gomantak Party in Goa, National Conference in Jammu and

Kashmir, Muslim League in Kerala, Shiv Sena in Maharashtra, Akali Dal in Punjab, All-

India Anna Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam in Tamil Nadu,

Bahujan Samaj Party and Samajwadi Party in Uttar Pradesh and All-India Forward Block in

West Bengal are the prominent state parties.

34. Eleven Lok Sabhas have been constituted so far. Except for the short-lived Sixth and

Ninth Lok Sabha, the Congress Party ruled the country. The Sixth Lok Sabha functioned for

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about two years and four months and the Ninth Lok Sabha functioned for one year and two

months.

35. Judicial System. The Supreme Court is the head court in the country. The High Court

stands at the head of the state's judicial administration. Each state is divided into judicial

districts presided over by a district and sessions judge, who is the highest judicial authority in

a district. Below him, there are courts of civil jurisdiction, known in different states as

munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief

judicial magistrate and judicial magistrates of first and second class.

36. Supreme Court .The Supreme Court has original, appellate and advisory jurisdiction.

Its exclusive original jurisdiction extends to all disputes between the Union and one or more

states or between two or more states. The Constitution gives an extensive original jurisdiction

to the Supreme Court to enforce Fundamental Rights.

37. Appellate jurisdiction of the Supreme Court can be invoked by a certificate of the

High Court concerned or by special leave granted by the Supreme Court in respect of any

judgement, decree or final order of a High Court in cases both civil and criminal, involving

substantial questions of law as to the interpretation of the constitution. The President may

consult the Supreme Court on any question of fact or law of public importance.

38. The Supreme Court of India comprises of the Chief Justice and not more than 25

other Judges appointed by the President. Judges hold office till 65 years of age.

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39. High Courts . There are 18 High Courts in the country, three having jurisdiction over

more than one state. Bombay High Court has the jurisdiction over Maharashtra,

Goa, Dadra and Nagar Haveli and Daman and Diu. Guwahati High Court, which

was earlier known as Assam High Court, has the jurisdiction over Assam,

Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. Punjab

and Haryana High Court has the jurisdiction over Punjab, Haryana and

Chandigarh.

40. Among t

Federalism can be a viable solution for the ethnic conflict in Sri Lanka

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