First signs of representative government

The month of October in the year 1833 was a very significant one in the constitutional history of our country. Particularly the first of October that year was an important day in the constitutional development of the country. That was the day we saw the first signs of representative and responsible government.

The Legislative Council building in Queen's Street (now Janadhipathi Mawata) in Fort was later used for the meetings of the Senate. Presently it houses the Ministry of Foreign Affairs.

In 1829, Lieutenant-Colonel William Colebrooke arrived in Ceylon having been appointed by the British government to inquire into the administration of the country. He was later joined by Charles Cameron who was sent to report on the judicial system. Following the recommendations of the Colebrooke-Cameron Commission, it was decided to set up an Executive Council and a Legislative Council.

The Legislative Council was formed to make laws and the Executive Council was to see that the laws were carried out. The latter consisted of the Governor and five of the highest officials. They were the Colonial Secretary, the Officer Commanding the Military Forces, the Attorney General, the Auditor General and the Treasurer. Its duties were advisory and the Governor, though he consulted them, could disregard their advice.

The Legislative Council had nine official members besides the Governor, (these included the five members of the Executive Council) and six unofficial members. Those six members were expected to speak and act on behalf of the people. Three of them were to represent British residents and the other three the Burghers, the Sinhalese and the Tamils. All were to be appointed by the Governor. All ordinances were to be introduced by the Governor, who was the President of the Council. The Council was no more than an advisory body just like the Executive Council.

It was on October 1, 1833 that both Councils met for the first time. The Governor at the time was Sir Robert Horton.

Handing over of the sacred Tooth Relic

The sacred Tooth Relic of the Buddha was always regarded as the symbol of sovereignty. That is why the king protected the Relic very closely having it either in the palace itself or in a special chamber erected for the purpose within the palace premises.

A view of the Sri Dalada Maligawa in the 1860s

Whenever there was a threat of invasion by foreign powers, the Relic was taken away from the usual place where it was housed. When it was imminent that the British were keen to take over the Kandyan kingdom, Wariyapola Sumangala Anu Nayaka Thera moved into the jungles taking with him the Tooth Relic. After the king was imprisoned and the administration was taken over by the British, the Tooth Relic was under the care of the government until October 2, 1847. On that day the custody of the Tooth Relic was handed over to the Maha Nayaka Theras of the Malwatta and Asgiriya Chapters of the Siyam Nikaya - the two leading temples in Kandy - and the Diyawadana Nilame, the lay custodian of the Relic. This arrangement has continued right up to the present day.

Five provinces established

The division of the island into five provinces for administrative purposes also took place on this day. The five provinces were the Western, Southern, Eastern, Northern and Central. Each province was under a Government Agent.

The North Western province was added in 1844 with its capital at Kurunegala.

New courts of justice

Under a Charter - a document granting certain powers, rights or privileges - new courts of justice were established. By authority of this Charter, the Governor set up District Courts in various parts of the country. Ordinary cases were heard in these courts while the more important cases were tried in the Supreme Court which also had the right to alter or confirm the decisions of any District Court.