governor or chief minister

8/13/2019 Governor or Chief Minister

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Governor Or Chief Minister?By Austin Fernando-Sunday, December 08, 2013Northern Provincial Council Chief Minister C V Vigneswaran

Governor in the Sri Lankan ProvincialCouncils (PCs) structure is a much respected personality. Governor D B Wijetunaelevated !rom the Governorship to Prime "inister and !inally to Presidency. #n recenttimes Governor G $ Chandrasiri% a kin&pin in eliminatin terrorism has 'een in thenes more than others.

At the inception of PCs, Parliamentarians were chosen to ecome Chief Ministers !CMs" utlater locally emerged leaders succeeded# $ncument Northern PC !NPC" CM was an e%ception,coming from the supreme &udiciary#

'he (overnors have generally carried out their official functions amicaly with CMs, proaly

e%cepting in a few incidents in the )outh and *ast and now in the North# (overnor+s have wide

powers e#g# Assent for statutes !Article ./0" Pulic )ecurity !./1", Failure of administrative

machinery !./2", Finances !PCs Act )ection 3, 45, 4/, 46", *stalishment !PCs Act )ection

74"8# 0owever, the CMs also en&oy vast powers, especially as a democratically elected person,and sometimes ma9ing the (overnor+s power conditional to his and his Board of Ministers

!e#g# Article .6F"#

0ere, $ recall my memory to visit a few (overnors+ and Chief Ministers+ e%periential episodesto learn from the past and to pro&ect paths to win unity, reconciliation and development,

especially in the North and *ast# 'hey are domestically and internationally crucial# 'herefore,

many from top to ottom have to e :learners+;

Attempting dissolution of a PC

First episode is how political opponents attempted to oust a CM in office through the President#

'his happened to my school-day friend Amarasiri


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'he two (overnors, having received complaints regarding the administrations, addressed theCMs see9ing advice to dissolve the PCs# 'he CMs opposed the proposition# 'he (overnors

noting the CMs+ disagreement sought the :direction of the President+ under Article ./B read

with Article ./F of the Constitution# No dout this process also would have emanated from

the Presidential )ecretariat# Acting on the presidential direction, the (overnors dissolved the

PCs followed y the *lections Commissioner activating the election process# n application

made y the CMs to Court of Appeal, the dissolutions were >uashed# Ne%t, on an appeal y the(overnor, the )upreme Court upheld the Court of Appeal &udgment#

0ow the (overnors should act and Presidents should not act is clear from the &udgments !)C

Appeals / G /4H3I"# For posterity $ may >uote from the &udgment y Chief 1ustice (P) uential ethical, legal, procedural value addition would have

een sustantial, if had een done so# Eeconciliation could have commenced then and there#=hen the NPC has a legal minded CM and a militarily disciplined (overnor, a via media could

have een found, rather than steamrolling y the (overnor :monopoli@ing+ the Address, as

reported rightly or wrongly# 0aw9s on oth sides would not have permitted such reconciliatory

resolution, though it could have reinforced the government at international fora#


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*0MP *l9aduwa vs# 0on )tanley 'ila9aratne+s Case2ast wee9end media reported on strained relations etween the NPC CM and (overnor#

Accordingly, the 'amil National Alliance !'NA" has complained that a )ecretary posted to

serve the Chief Minister was moved out y the (overnor# ?A replacement had to e otained#

'wo successive )ecretaries assigned to the Provincial Ministry of Fisheries have also een

moved out, they allege# !)unday 'imes -4-457" =hether this transfer had any connection

to Mahaveer


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0owever, if the CM is to replace the (overnor as told y Minister

governor or chief minister

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