The provincial council (PC) system in Sri Lanka was established as a result the Indo-Lanka Accord concluded between Sri Lanka and India on July 29, 1987. The 13th Amendment and the provincial council system were conceived as a political solution to the ethnic conflict. Under the amendment Northern and Eastern Provinces were amalgamated. The PC system was the crux of the Accord. On 14 November 1987 the Sri Lankan Parliament passed the 13th Amendment to the Sri Lankan constitution of 1978 and the Provincial Councils Act No 42 of 1987, establishing provincial councils. Nine provincial councils were created by order on 3 February 1988.
Elections for the merged North Eastern Province were held on 19 November 1988 and Eelam People’s Revolutionary Liberation Front (EPRLF) formed the first North and East provincial council. EPRLF collaborated closely with the Indian government. After the Indian Peace Keeping Force left the country the North and East PC was dissolved in 1990. Merger was declared illegal by the Supreme Court of Sri Lanka in 2006 fulfilling a Sinhala Nationalist demand. The province was formally demerged into the Northern and Eastern provinces on 1 January 2007.
The province was ruled directly from Colombo until May 2008 when elections were held for the demerged Eastern Provincial Council. Northern Province had been under Military (Retd) Governors for 17 years, since 1990. At present former Jaffna army commander Major General (Retd) GA Chandrasiri is the governor of the Northern Province.
Ruling coalition captured the power of the Eastern PC in the April 2008 election and the leader of the pro government Tamil Peoples Liberation Tigers (TMVP) was made the Chief Minister.
During and after the war Sri Lanka government and the president Rajapaksha promised to implement the 13 th Amendment to the constitution as a political solution to the ethnic conflict. The promise that there will be a political solution after the war was used to obtain international support to during the war as well as after the war:
103.Sri Lanka will take measures for the effective implementation of the 13th Amendment to the Constitution.
President Rajapaksa expressed his firm resolve to proceed with the implementation of the 13th Amendment, as well as to begin a broader dialogue with all parties, including the Tamil parties in the new circumstances, to further enhance this process and to bring about lasting peace and development in Sri Lanka.
Welcoming also the recent reassurance given by the President of Sri Lanka that he does not regard a military solution as a final solution, as well as his commitment to a political solution with implementation of the thirteenth amendment to bring about lasting peace and reconciliation in Sri Lanka
The Prime Minister emphasised that a meaningful devolution package, building upon the 13th Amendment, would create the necessary conditions for a lasting political settlement. The President of Sri Lanka reiterated his determination to evolve a political settlement acceptable to all communities….the President expressed his resolve to continue to implement in particular the relevant provisions of the Constitution.
There have been other instances that Sri Lanka government and its president promised international committee that 13 Amendment will be fully implemented. In July 2012 government announced that Northern provincial election will be held in September 2013. This has been one of the major demands of the international community. The resolution adopted by 22 nd session of the UNHRC (March 2013) welcomed “the announcement by the Government of Sri Lanka to hold elections to the Provincial Council in the Northern Province in September 2013.”
On 06 th July 2013 President Rajapaksa issued a proclamation calling for the holding of elections to the Northern Provincial Council to the effect that the election will be held during last week of the September. Meanwhile a political parties and individuals have taken up positions re the election and devolution, campaigning for and against the 13 amendment. A powerful group within the ruling coalition, including the Rajapaksha family, headed by the Sinhala Buddhist nationalists opposes the full implementation of the 13 amendment, One of the contentious issues has been the devolution of police and land powers to the Provincial Councils.
On the other hand a significant sector within the ruling coalition, including Tamil and Muslim parties is opposing any dilution of the 13th amendment/provincial council system. Tamil National alliance and United National Party also oppose any dilution of the 13th amendment/provincial council system.
In this context the government appointed a Parliamentary Select Committee (PSC) to seek a consensus on the 13 amendments and provincial council system. As the all members of the PSC belongs to the ruling coalition it has been nicknamed as President’s Select Committee and Government Sub Committee. Opposition parties have refused to take part it in the select committee on various reasons. The PSC has given six months time to produce its report.