Devolution is a type of political decentralization where the Central Government devolve political authority to the Provincial Governments. The 13th Amendment provided for such decentralization but the Central Government was not sincere in providing adequate powers and allocating adequate funds to the North East Province. Instead the Central Government took meaningless measures that denied the smooth functioning of the administration which constituted a form of oppression on the Tamils. This is where the people of the North East Province lost the confidence and faith on the Central Government and demanded for self-determination rule. In this context a word about decentralization should be made. Decentralization is basically an administrative concept. However, United Kingdom is a Unitary State but with a unwritten constitution. Neverthless it had devolved powers to Ireland, Wales and Scotland which appears at the outset as a federal arrangement. Power has been considerably devolved to Ireland, Wales, and especially to Scotland. Even this arrangement is denied in Sri Lanka.

Unlike the Unitary State, in Federalism the people give power both to the Federal Government and the Provincial Governments. This is a constitutional arrangement. Accordingly the Federal Government cannot snatch the powers of the Provincial Government while at the same time the Provincial Governments too cannot intrude into the areas of powers allocated to the Federal Government. This is monitored by a Senate and the Judiciary in a Federal State. Mention should be made that in Sri Lanka Sinhalese rulers deliberately abolished the Second Chamber with the view to deny the knowledge of federalism to the people in order to conceal their corruption. It is this corruption which had eventually made the country bankrupt and also loss of lives and property. So it is seen that a meaningful power-sharing is possible in a Federal form of government, which implies a mechanism involving a nation within a nation. Such an arrangement would definitely lead to a healthy unification of the country.

The most appreciating factor in a federalism is that people in various Provinces are represented in a Federal Parliament. It would be meaningful if a Senate is enshrined in the constitution. The element of accountability and transparency is seen when Provincial Council Representatives and Ministers of National Parliament have a conference over developments in areas like agriculture, industries, fishing, health, education, culture, etc.

There can be arguments that federalism is suited for large countries with many races. But it is not only countries with large territories have federalism but small countries also have experimented it successfully with the concept of Federalism, such as Switzerland, Malaysia, etc. Sri Lanka is a small country but with people speaking two languages along with English and practicing different faiths and cultures. What is essential is the reduced number of Provinces preferably with Five Provinces with Colombo retaining a Corporation status, the reduced number of Parliamentarians (which should be cut into half the size) in the National Parliament, Ministers, Deputy Ministers, the establishment of a Second Chamber, Provincial Courts, the Charter of Rights and Freedoms on the Canadian model, the declaration of natural rivers, lakes, Dams, etc., all of which should be enshrined in the constitution. Above all there should an introduction of the system of Checks and Balances as existed in the constitutions of USA and also in Canada with establishment of a Second Chamber. Each Provincial Government can have a local Provincial Assembly consisting of 25 to 30 members and a Provincial Cabinet consisting of six to eight Provincial Ministers. If such a method is experimented, it is certain to promotes a good atmosphere of friendship and brotherhood among the races. Briefly separation of powers lays the foundation for a confident building measure.

The idea of federalism is based on the principle of unity in diversity. In short, it is a union of Provinces within a country with the distribution of powers between the Provinces and the Federal Government ensuring two levels of governments. The Federal Government can guide the Provincial Governments by retaining the areas of Fiscal policy, Defence and the Foreign Policy. This is not separation, but coordination between the Federal Government and the Provincial Governments and also within the Provincial Governments. The anatomy of such a federal framework demonstrates that the interests of the people are well represented as citizens of the larger union (Federal Government) while retaining their identity of their own Provinces. Therefore the centre of gravity of Federalism is based on the balance of power policy between the Federal Government and the Provincial Governments through coordination and cooperation. If this simple logic can be understood by the political leaders, then with the passage of time, Asian Union too can be formed like the European Union. Otherwise there will be internal struggle in every country leading to poverty and misery.

Further there is no harm in having concurrent powers between the Provincial Government and the Central Government. Federal countries such as USA, Canada and some other federal countries have concurrent powers in relation to tax, environment, health, economic planning for Provinces, etc., which are been simultaneously exercised by both the Provincial Governments and the Federal Government and nothing went wrong. If Sri Lanka is reluctant to include concurrent powers in what way are they better than the USA, Canada, India and other federal countries. All these countries have sound economic policy.

The draw back in the APRC proposal is that the development of a Province is hindered when the Central Government follows a malignant economic policy in the absence of a concurrent powers between the Central Government and the Provincial Governments. There is no harm in having concurrent powers between the Provincial Government and the Central Government. Federal countries such as USA, Canada and some other federal countries have concurrent powers in relation to tax, environment, health, economic planning for Provinces, enforcement of law, etc., which are been simultaneously exercised by both the Provincial Governments and the Federal Government and nothing went wrong. If Sri Lanka is reluctant to include concurrent powers in what way are they better than the USA, Canada, India and other federal countries. All these countries have sound economic policy.

If there is a conflict affecting the national issues such as Defence, Foreign policy, etc then the Supreme Court can determine the matter using the Doctrine of Paramouncy., i.e. laws allocated to the Central Government shall be effective and in force. Freedom to work with the view to develop the economy is a vital factor for a vibrant democracy. The beauty of such a federal arrangement is to lend support not only to other Provinces but also to the Central Government by the flourishing Province in times of bankruptcy. All these western federal countries have raised their image by having a sound economic policy. Today most of these countries are in the forefront in giving aids to developing and under developed countries including Sri Lanka. Sri Lanka still depends on sending housemaids and labourers to the Middle-East countries for exchange other than exports of tea and rubber and tourism which are now at a very low profile. What is there to boast about the image of Sri Lanka when Sri Lanka is still carrying begging bowl to other countries having such concurrent list of powers between the Federal and Provincial Governments. Such narrow-mindedness has eventually led the country to poverty and misery.

At present the issue is whether the APRC proposals falls within the concept of Separation of Powers or Devolution of Powers. If it is the devolution of powers, whether it would follow the British trend of devolving powers to the Provinces. Though the assurance that the Centre will not interfere with the Provincial Government is complemented by a Second Chamber, it raises another issue whether the incorporation of such a Second Chamber is powerful to stand as a symbol of system of Checks and Balances. Though the APRC proposals appear to be more promising, the phrase “to meet the aspirations of the minority communities without prejudice to the majority community” is ambiguous. What if the phrase is included as “to meet the aspirations of the majority without prejudice to the minority”. This is where the mischief tend to occur by the majority ruling party and the minority are at the mercy of majority community when it comes to the issue of economic development of the Province. This is because the sovereign people have not granted the power to the Provinces. Mention should be made that soon after the communal riots in 1983, the words that came from every Sinhalese was 'Never to repeat'. But what happened the North East Province was, the required powers and funds were denied for the smooth functioning of the Provincial administration. This is because the Sinhalese leaders were not concerned about the 'Devolution of Powers'. Now it appears to repeat the same tone to drag on this ethnic issue.

When a proposal is drawn to meet the legitimate aspirations of the minority, it is the sovereign people who should grant powers to the Federal and Provincial Governments, of which the Federal Government should assume the role as a Guide to the Provinces. It is not the question of dictating terms on the Provincial Government but accommodating such Provincial Governments through consultation and discussion on the viability of the venture.