The objectives of a Provincial Council
The setting up of a Provincial Council denotes an important landmark in the decentralization of power in the recent history of our country. The main objective of introducing this system was to delegate to these councils certain powers that democratic district and provincial institutions did not enjoy earlier. Some powers that the Central Government alone wields in the fields of legislative, executive and judicial activity.
The Provincial Councils set up at this provincial level and made up of peoples’ representatives were intended to play a major role towards the development of the province as well as the general welfare of the people.
Establishment of the Provincial Council
By the 13th Amendment brought to the Constitution of Democratic Socialist Republic of Sri Lanka of 1978 under the constitutional legislative enactments in 1987 according to 154 (a) legislative act and its 8th sub clause, eight Provincial Councils were established in 9 provinces.
Accordingly in the year 1988 the Provincial Council system commenced in Sri Lanka creating a significant change in the regional administration of the country.
The Parliament which so far was the only legislative body in the island came to be recognized as the national level legislative; while the Provincial Councils became secondary legislatives once they were established.
Legislative Powers of the Provincial Council
According to the supreme law of the country’s constitutional and legislative provisions the Provincial Councils were bestowed with powers to create Provincial Council charters in keeping with section (appendix) 154 (G).
If one aspires to become a member of a Provincial Council- he/she
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a.
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Should not be subject to any disqualification under the Constitution’s 91 (1) legislation (a),(c),(D) (E) (f) and (G)
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b.
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Should not have been disqualified for voting at an election for members in any local government institution. |
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c.
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Should not be a Member of Parliament. |
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d.
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Should not be a member of another Provincial Council.Should not |
Nor have been nominated as a candidate for membership in a Provincial Council by more than one political party or independent group.
Such a person is not suitable to be selected as a Provincial Council Member or to sit in the provincial Council or to vote in it.
A Provincial Council Member is not permitted to sit in the Provincial Council or to vote until such time as he or she swears allegiance and places his signature as set out in the 14th Appendix of the Constitution.
The Member’s seat falls vacant
If a Provincial Council Member keeps away on ninety days from the Council without the Council’s permission the Council can declare that his seat is vacant.
However when counting the said number of days one should not take into account any period longer than 4 consecutive days when the council is in recess.
Furthermore a seat falls vacant when a member dies or when one is ousted from the membership of his / her party.
Council Secretariat of the Western Province Provincial Council
