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13th Amendment (13A) to the Sri Lankan Constitution UPSC NOTE

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  This article discusses the complexities surrounding the 13th Amendment (13A) to the Sri Lankan Constitution and its implications for Indo...

 

  • This article discusses the complexities surrounding the 13th Amendment (13A) to the Sri Lankan Constitution and its implications for Indo-Lankan relations, particularly concerning the devolution of power to the provinces and the ethnic question

Historical Context:

  • 1983 Anti-Tamil Pogrom: This event triggered India's involvement in Sri Lanka's ethnic conflict.

  • Indo-Lanka Accord of 1987: Led to the 13A, establishing Provincial Councils with limited autonomy.

  • JVP's Opposition: The Janatha Vimukthi Peramuna (JVP), now part of the ruling coalition, has historically opposed the Accord and the 13A, viewing them as impositions by India.

  • LTTE's Stance: The Liberation Tigers of Tamil Eelam (LTTE) rejected the Accord, advocating for a separate Tamil Eelam, a demand unacceptable to India.

The 13th Amendment and its Implementation:

  • Delayed and Incomplete Implementation: Despite being in place for over 35 years, the 13A has not been fully implemented, particularly in Tamil-speaking areas.

  • India's Stance: India has consistently urged Sri Lanka to fully implement the 13A. External Affairs Minister Jaishankar reiterated this during his visit to Colombo in October 2024.

  • Modi's Apparent Shift: PM Modi's silence on the 13A during Sri Lankan President Dissanayake's visit has led to speculation about India softening its stance. 

  • However, Modi did call for "fully implementing the Constitution of Sri Lanka and conducting the Provincial Council elections."

  • Jaishankar's 2017 Suggestion: The article recalls Jaishankar's suggestion in 2017 to the Tamil National Alliance to move beyond the merger issue of the Northern and Eastern provinces.

The JVP's Position and the Current Political Landscape:

  • JVP's Evolving Stance: It's unclear whether the current JVP-led coalition still opposes the 13A's repeal. While some JVP members have expressed openness to implementation, others, like President Dissanayake, have avoided the topic.

  • NPP Manifesto: The NPP manifesto mentioned devolution to local governments, districts, and provinces, but did not specifically address the 13A or a political settlement to the ethnic issue.

  • Focus on Local Bodies: The government seems to be prioritizing local body elections, but the article argues that local bodies cannot replace Provincial Councils.

The Importance of Provincial Councils:

  • Addressing Regional Issues: The article emphasizes the need for Provincial Councils to address specific regional challenges, especially given the limitations of local bodies.

  • Consensus on Provinces as Primary Unit: The 2017 interim report of the Constitutional Assembly highlighted the widespread agreement on recognizing provinces as the primary unit of devolution.

Call for a Durable Solution:

  • Historical Context of the 13A: The article argues that the JVP should not view the Provincial Councils as solely an Indian creation, as the 13A evolved from discussions and proposals over several years.

  • Democratic Spirit of Sri Lanka: The article emphasizes the importance of finding a solution that reflects the democratic aspirations of the Sri Lankan people.

  • Opportunity for the NPP: The NPP's strong majority in Parliament presents a "golden opportunity" to find a lasting solution to the ethnic problem.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: 13th Amendment (13A) to the Sri Lankan Constitution UPSC NOTE
13th Amendment (13A) to the Sri Lankan Constitution UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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