Devolution of Land Powers: A Guide for Decision-makers

Abstract

This is a practical guide for decision-makers on devolving land powers in Sri Lanka. It is meant to help comprehend the complex and sometimes contradictory provisions in relation to the devolution of powers over land. The guide is presented in three parts. Part 1 examines the constitutional, legislative, administrative and institutional framework with respect to the land in Sri Lanka, both prior to the Thirteenth Amendment and after.

In part 2 of this guide, two issues have been focussed on. First, the manner in which the Centre has expanded its control over powers relating to land, and second, the manner in which provincial administrations and legislatures may attempt to assert some measure of control over land powers. It explores the potential for expanding the extent of control over land exercised PCs through the devolution of land powers. Such expansion involves simultaneously limiting central control over land under the existing constitutional framework.

Part 3 offers comparative models for land devolution from past constitutional reform proposals within Sri Lanka and federal jurisdictions such as India, Canada and Australia.