Reflection on the powers of the provincial councils over state lands in light of the Northern and Eastern provinces of Sri Lanka

Abstract

Sustainable development of the Northern and Eastern Provinces of Sri Lanka requires lands importantly State lands, and participation of people in development of the Provinces. The Thirteenth Amendment to the Constitution has been enacted to devolve, inter alia, powers relating to lands to the Provincial Councils in Sri Lanka, and enable the people at provincial level to participate in development of the Provinces. The provisions relating to powers of the Provincial Councils over State lands are ambiguous in nature. The Supreme Court of Sri Lanka has given different interpretation at different time to the words and phrases relating to powers of Provincial Councils over State lands. The different interpretations given by the Supreme Court has created judicial inconsistency relating to the powers of the Provincial Councils. Solaimuthu Rasu Case is the latest case relating to powers of the Provincial Councils over State lands. In this case, the Supreme Court has held that the Provincial Councils have legislative power with regard to administration, control and utilization of State lands that have been given to the Provincial Councils by the Government. It means that the ownership of the State lands is not vested with the Provincial Councils. The Supreme Court has also held that the President has powers to alienate State lands including the lands given to the Provincial Councils to any citizen or organization. Therefore, the Provincial Councils have very limited powers over State lands. These limited powers over State lands restraint the Northern and Eastern Provincial Councils and the people in the Provinces to promote sustainable development in the Provinces.