Senate of Ceylon
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The Senate was the upper chamber of the
parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
of Ceylon (now Sri Lanka) established in 1947 by the
Soulbury Commission The Soulbury Commission ( si, සෝල්බරි කොමිෂන් සභාව ''Solbari Komishan Sabhawa''; ta, சோல்பரி ஆணைக்குழு), announced in 1944 was, like its predecessor, the Donoughmore Commission, a ...
. The Senate was appointed and indirectly elected rather than directly elected. It was housed in the old Legislative Council building in
Colombo Fort Fort (Colombo) (; ) is the central business district of Colombo in Sri Lanka. It is the financial district of Colombo and the location of the Colombo Stock Exchange (CSE) and the World Trade Centre of Colombo from which the CSE operates. It is ...
and met for the first time on 12 November 1947. The Senate was abolished on 2 October 1971 by the eighth amendment to the Soulbury Constitution, prior to the adoption of the new Republican Constitution of Sri Lanka on 22 May 1972. In 2010 there were proposals to reintroduce the Senate.


History


Creation

With the recommendations of the
Soulbury Commission The Soulbury Commission ( si, සෝල්බරි කොමිෂන් සභාව ''Solbari Komishan Sabhawa''; ta, சோல்பரி ஆணைக்குழு), announced in 1944 was, like its predecessor, the Donoughmore Commission, a ...
, the Senate was established in 1947 as the upper house of
Parliament of Ceylon The Parliament of Ceylon was the legislative body of British Ceylon & Dominion of Ceylon (now Sri Lanka) established in 1947 by the Soulbury Constitution, prior to independence on 4 February 1948. Parliament replaced the State Council of Ceylon. ...
. The Senate was modelled on the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
. It was a thirty-member Senate where the members where appointed rather than elected. One of its fundamental aims was to act as a revising chamber by scrutinizing or amending bills that had been passed by the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. This was intended to act as a stopgap barrier to prevent the government in power trying to rush through important legislations without giving adequate time to consider such legislations.


Abolition

The leftist parties of Ceylon and other republicans considered the Senate, with half its members being appointed by the British monarch's representative – the Governor General – to be one of the last vestiges of colonial rule. The Senate had also been dominated by the
United National Party The United National Party, often abbreviated as UNP ( si, එක්සත් ජාතික පක්ෂය, translit=Eksath Jāthika Pakshaya, ta, ஐக்கிய தேசியக் கட்சி, translit=Aikkiya Tēciyak Kaṭci), ...
since its creation. Soon after the
United Front A united front is an alliance of groups against their common enemies, figuratively evoking unification of previously separate geographic fronts and/or unification of previously separate armies into a front. The name often refers to a political ...
, an alliance consisting of the Sri Lanka Freedom Party, the main opposition party, and the leftist parties, came to power as a result of the May 1970 election, found that the Senate was controlled by the opposition party. The United Front government faced the possibility of their legislation been delayed in the upper house and it would take 27 months before it could appoint a majority of its members into the Senate with the retirement of sitting Senators. Therefore, it brought in a parliamentary bill to abolish the Senate. The bill's second reading was passed by the House of Representatives on 21 May 1971. The Senate met for the last time on 28 September 1971. The ''Ceylon (Constitution and Independence) Amendment Act, No. 36 of 1971'' received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 2 October 1971, becoming the eighth
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
to the
Soulbury Constitution The Soulbury Commission ( si, සෝල්බරි කොමිෂන් සභාව ''Solbari Komishan Sabhawa''; ta, சோல்பரி ஆணைக்குழு), announced in 1944 was, like its predecessor, the Donoughmore Commission, a ...
. The Senate was abolished in 1971 after nearly 24 years of existence. A unicameral parliamentary system was introduced with the adaptation of the Republican Constitution of Sri Lanka in 1972.


Recent developments

Recently there have been consideration into the reintroduction of a senate into the
Parliament of Sri Lanka The Parliament of the Democratic Socialist Republic of Sri Lanka (Sinhala: ශ්‍රී ලංකා පාර්ලිමේන්තුව ''Shri Lanka Parlimenthuwa'', Tamil: இலங்கை நாடாளுமன்றம் ''Ila ...
. The
United People's Freedom Alliance The United People's Freedom Alliance (abbreviated UPFA; si, එක්සත් ජනතා නිදහස් සන්ධානය ''Eksath Janathā Nidahas Sandānaya''; ta, ஐக்கிய மக்கள் சுதந்திரக ...
Government, led by Mahinda Rajapaksa, is exploring possibilities to change the existing parliamentary system significantly. The government proposes that the new Senate will have around 45% of the members from the Parliament and the remaining 55% to be appointed by the president, taking the recommendations of the religious leaders and other distinguished personalities of the civil society. Therefore, the proposed Senate will have a total of 65 members, 28 Sinhalese and the rest, 37, would be appointed from minority communities, professionals and other intellectuals.


Role

The Senate was intended to act as a revising chamber, scrutinizing and amending bills which had been passed by the House of Representatives. The model for the Senate's role was the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
. All parliamentary bills other than money (finance) bills could originate in the Senate. The Senate couldn't reject or amend or delay beyond one month a money bill. If any other bill that had been passed twice by the House of Representatives was rejected by the Senate twice it was deemed to have been passed by both chambers.


Membership

The Senate consisted of 30 members. 15 members were elected by the lower chamber, the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, using the proportional representation system, each member of parliament having a single transferable vote. The remaining 15 members were appointed by the Governor-General of Ceylon on advice of the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
and generally consisted of distinguished individuals. The senators were known as "''Elected Senators''" and "''Appointed Senators''" respectively. The minimum age for membership of the Senate was 35, and members of the House of Representatives weren't allowed to be members of the Senate. At least two government ministers had to be senators. No more than two senators could be parliamentary secretaries (deputy ministers). The normal term of office of a senator was six years. One third of the Senate (five elected and five appointed) retired every two years. Retiring senators were eligible for re-election or re-appointment. If a senator resigned, died or was otherwise removed from office, their replacement, elected or appointed, would serve the remainder of their term of office.


Officers

As the tradition of the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
, the Senate did not elect its own speaker. Instead, the presiding officer was the president, who was appointed by the Governor General. The president was by the deputy president and chairman of committees, who served as the presiding officer in the absence of the president. The clerk of the Senate was in charge of all its administrative duties, but was not a member. The clerk, who was appointed by the Crown, advised the presiding officer on the rules of the House, signed orders and official communications, endorsed bills, and was the keeper of the official records of both Houses of Parliament. The gentleman usher was also an officer of the Senate. The title derived from the
gentleman usher of the Black Rod Black Rod (officially known as the Lady Usher of the Black Rod or, if male, the Gentleman Usher of the Black Rod) is an official in the parliaments of several Commonwealth countries. The position originates in the House of Lords of the Parlia ...
of the House of Lords and was responsible for ceremonial arrangements, upon the order of the House, took action to end disorders or disturbances in the Senate chamber.


List of senators


List of presidents of the Senate


See also

*
Parliament of Sri Lanka The Parliament of the Democratic Socialist Republic of Sri Lanka (Sinhala: ශ්‍රී ලංකා පාර්ලිමේන්තුව ''Shri Lanka Parlimenthuwa'', Tamil: இலங்கை நாடாளுமன்றம் ''Ila ...
* State Council of Ceylon *
Legislative Council of Ceylon The Legislative Council of Ceylon was the legislative body of Ceylon (now Sri Lanka) established in 1833, along with the Executive Council of Ceylon, on the recommendations of the Colebrooke-Cameron Commission. It was the first form of repr ...


References

* * *


External links


Evolution of the Parliamentary System, parliament.lk
{{Authority control 1947 establishments in Ceylon 1971 disestablishments in Ceylon Defunct upper houses Government of Sri Lanka