A blatant, continuous violation of the Constitution taken for granted

There’s no graver sin than postponing elections – former EC Chief

By Vishvanath

All governments come to power, promising to ensure the rule of law and bring transgressors to justice, in this country. They however have the law enforced to the letter only when their political opponents happen to be on the wrong side of the law, while doing everything in their power to make the law enforcement authorities treat transgressors within their ranks leniently. They also let out howls of protests against breaches of the Constitution, perceived or real, but all of them have chosen to ignore a continuous violation of the supreme law of the country.

Former Chairman of the Election Commission Mahinda Deshapriya has pointed out a continuous violation of the Constitution. In a recent interview with Hiru TV, he did not mince his words, as is his wont, when he said it amounted to a grave violation of the Constitution for the bureaucracy to run the Provincial Councils (PCs) without elected representatives. He stressed that all political parties had to be held accountable for this serious violation of the Constitution. He said there was no graver sin than postponing elections, and the PC polls had to be held. His is a cogent argument, which both the government and the Opposition should take notice of. Some election monitoring outfits have urged the government to conduct the PC elections or abolish the PC system.

The last PC election was held on Sept. 20, 2014 in Uva. Some PC polls had previously been held on a staggered basis in 2012 and 2013. Article 154E of the Constitution states: "A Provincial Council shall,

unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting, and the expiration of the said period of five years shall operate as a dissolution of the Council." So, some PCs have had no elected members since 2017, when the Provincial Council Election Act was amended by the UNP-led Yahapalana government to postpone the PC elections, with no political party represented in the parliament at that time raising objections, much less voting against the Bill containing a slew of questionable sections added at the committee stage.

The blame for officials running unelected PCs for a prolonged period, without elected councillors, should be blamed on the parliament, Deshapriya has argued, pointing out the only way to rectify the situation is for the parliament to adopt a private member’s motion, presented by TNA MP Shanakiyan Rasamanickam on June 05, 2026, seeking to have the PC polls be held under the Proportional Representation system, pending the finalization of electoral reforms. An 11-member Parliamentary Select Committee (PSC) has been appointed to examine the electoral system for the PCs. Chaired by Minister Vijitha Herath, this committee has been meeting to clear legal obstacles hindering the PC polls. Deshapriya if of the view that the PC polls could be held soon if MP Rasamanickam’s motion is referred to the PSC headed by Minister Herath and adopted urgently.

MP Rasamanickam’s private member’s Bill, titled, “Bill to amend the Provincial Council Elections Act, No. 2 of 1988, seeking to have the much-delayed PC elections held soon, was seconded by MP M. Nizam Kariapper. Containing four sections with three formalities, the Bill reads: “The Provisions of the Provincial Council Elections Act, No. 2 of 1988, shall, notwithstanding the amendments made thereto by Act No. 19 of 2017, become operative, with effect from the date of coming into force of this Act, without prejudice to any act done during the period commending from September 22, 2017 to the date of coming into force of this Act, insofar as such as is not inconsistent with the provision of Act No. 02 of 1988.” If ratified, this amendment will provide for holding the PC polls under the Proportional Representation. Deshapriya is of the view that it will be possible to hold the PC elections in four months in such an eventuality. If they are to be held under the proposed mixed representation system, the PCs will be without elections this year as well, he has said.

The incumbent government has a two-thirds parliamentary majority and therefore it can change amend the Provincial Council Elections Act anytime. After all, if its elections manifesto is anything to go by, it promised to hold elections for the local government institutions and the provincial councils within one of for forming a government.

Perhaps, the government would have held the PC polls last year itself if its performance at the local government elections had been up to its expectations. It is apparently planning to keep the PC polls hold until the time is opportune and is using the delimitation process for this purpose. However, this strategy is seriously flawed, for a government’s reluctance to hold an election is widely seen as a sign of pusillanimity. Perceptions do matter in politics as much as reality. The government is coming under increasing pressure to hold the PC polls.