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Chapter 10: Provincial Councils

Provincial governance and devolution of powers

Article 73: The Unitary State and Devolution of Power

i Drafted from public input and research by civic organizations.

73.1
Sri Lanka is a unitary state with a clear separation and devolution of governmental power between the Centre, the Provinces, and Local Authorities, in accordance with the Constitution.
73.2
The Thirteenth Amendment to the Constitution is hereby recognized and affirmed as part of the basic structure of the Constitution, giving effect to the principles of ethnic justice, plural democracy, and subsidiarity in governance

Article 74: Layers of Governanc

i Drafted from public input and research by civic organizations.

The territory of Sri Lanka shall be governed through three distinct and complementary layers:

(a) The Central Government;

(b) The Provincial Councils; and

(c) The Local Authorities.

Each layer shall exercise powers and perform functions within its sphere, as assigned by the Constitution or by law.

Article 75: Division of Subjects and Functions

i Drafted from public input and research by civic organizations.

75.1
The subjects and functions of government shall be clearly and precisely allocated among the three layers of governance, based on the principle of subsidiarity, whereby a matter shall be dealt with by the lowest capable layer of government.
75.2
The Provincial Council List and the Reserved List in the Ninth Schedule shall be interpreted liberally to empower the Provincial Councils. The Concurrent List shall be narrowed progressively by consensus between the Central Government and the Provincial Councils, facilitated by a mechanism established by law
75.3
Parliament shall not legislate to transfer the administration of any subject in the Provincial Council List to the Centre, except under a state of emergency declared in accordance with the Constitution.

Article 76: National Policy and Participatory Democracy

i Drafted from public input and research by civic organizations.

76.1
In the formulation of national policy on any subject in the Provincial Council List, the Central Government shall follow a process of participatory democracy, consulting the Provincial Councils through their Chief Ministers in a structured and meaningful manner
76.2
Where national legislation is enacted on a subject in the Concurrent List, any statute made by a Provincial Council on that subject shall be subject to such national legislation, provided the national legislation was enacted following the consultative process under paragraph (1).

Article 77: Land and Police Powers

i Drafted from public input and research by civic organizations.

77.1
Provincial Councils shall exercise powers pertaining to land, subject to a National Land Policy formulated by the Central Government with the concurrence of the Provincial Councils and implemented through a National Land Commission established by law
77.2
Police powers shall be exercised under a national framework established by law and regulated by the National Police Commission. Provincial Councils shall exercise prescribed police powers under such national regulation, without the need for separate Provincial Police Commissions

Article 78: Provincial Public Service and Administration

i Drafted from public input and research by civic organizations.

The public service of each Province shall be under the control of the respective Provincial Public Service Commission.

To ensure coordinated development administration, a horizontal institutional relationship shall be maintained by law between the Chief Secretary of the Province and the District Secretaries and Divisional Secretaries representing the Central Government within that Province.

Article 79: Fiscal Devolution and Finance Commission

i Drafted from public input and research by civic organizations.

79.1
Provincial Councils shall have enhanced revenue sources as prescribed by law to ensure fiscal autonomy and responsibility.
79.2
A common accountability and collective mechanism for revenue collection and sharing between the Centre and the Provinces shall be established by law.
79.3
The Finance Commission shall, in determining the allocation of grants to Provincial Councils, employ criteria designed to reduce inequalities in development between the Centre and the Provinces and among the Provinces themselves.

Article 80: Inter-Governmental Cooperation

i Drafted from public input and research by civic organizations.

80.1
There shall be a Conference of Chief Ministers, consisting of the Prime Minister (as Chairperson), all Chief Ministers, and all Governors. The Conference shall meet regularly to discuss matters of common importance, promote inter-provincial cooperation, and foster Centre-Province collaboration.
80.2
The Conference shall have the status and powers of a Cabinet Sub-Committee, and its decisions, taken by consensus, shall be implemented by the respective governments.
80.3
Parliament shall, by Standing Order, establish a Standing Committee on Provincial Concurrent Subjects to review and make recommendations on matters arising from the Concurrent List, ensuring continuous dialogue between Parliament and the Provincial Councils.

Article 81: Safeguards and Emergency Provisions

i Drafted from public input and research by civic organizations.

The powers of the President and Parliament under Article 154J (m), (n), and (o)(1978 Constitution) to assume control of a Province in emergency circumstances are hereby maintained, subject to the judicial review provisions of Article 155A.

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