Monarchy of Ceylon (1948–1972)
From 1948 to 1972, the Dominion of Ceylon functioned as an independent constitutional monarchy in which a hereditary monarch was the sovereign and head of state of the country. Ceylon shared the sovereign with the other Commonwealth realms, with the country's monarchy being separate and legally distinct. The monarch's constitutional and ceremonial duties were mostly delegated to their representative, the governor-general of Ceylon.
The Ceylon Independence Act 1947 transformed the British Crown Colony of Ceylon into an independent sovereign state known as the Dominion of Ceylon. Upon independence in 1948, King George VI became the monarch of Ceylon and reigned until his death in 1952; he was succeeded by his elder daughter Queen Elizabeth II. In 1953, Elizabeth II was granted the official title of Queen of Ceylon by the country's parliament and, in this capacity, she visited the island nation in April 1954. The Crown primarily functioned as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power.
On 22 May 1972, Ceylon changed its name to Sri Lanka and became a republic within the Commonwealth, thereby ending the island's 2,500-year-old monarchical system.
History
The British East India Company's conquest of Ceylon occurred during the wars of the French Revolution. In 1802, Ceylon was made a crown colony, and, by the Treaty of Amiens with France, British possession of maritime Ceylon was confirmed. With the help of local Kandyan chiefs whose relations with King Vikrama Rajasinha had been deteriorating, the British succeeded in taking over the kingdom in 1815. With the signing of the Kandyan Convention, the British guaranteed Kandyans their privileges and rights, as well as the preservation of customary laws, institutions, and religion. In 1833, steps were taken to adopt a unitary administrative and judicial system for the whole island. The reforms reduced the autocratic powers of the governor and set up Executive and Legislative councils to share in the task of government.In 1934, the crown and throne of the kings of Kandy, which were taken to Britain in 1815, were returned to Ceylon during a royal tour by Prince Henry, Duke of Gloucester. The transfer of the regalia symbolised the grant of a degree of self-government as the Donoughmore Constitution had established the State Council of Ceylon and enabled general elections with adult universal suffrage to the people of Ceylon in 1931.
In 1944, the British government appointed a commission under the chairmanship of Lord Soulbury to visit Ceylon for purposes of examining and discussing proposals for constitutional reform. The commission issued its report the next year. In May 1946, a draft constitution was presented to the court at Buckingham Palace. The Ceylon Independence Order in Council followed in December 1947. The new Constitution went into effect on 4 February of the following year; the day was celebrated as Ceylon Independence Day which was marked with special services held by different religious organisations across the country. Ceylon's decision to remain in the Commonwealth was supported by local newspapers. One of the papers stated:
On 4 February 1948, Sir Henry Monck-Mason Moore, the last colonial governor, was sworn in as the first governor-general of Ceylon at a solemn but brief ceremony at Queen's House, Colombo. Instruments of independence were officially handed over by the British to Prime Minister Don Stephen Senanayake, who had been voted in by the people at the first parliamentary election in August 1947.
The highpoint of the celebrations was the opening of parliament at the Independence Hall by Prince Henry, Duke of Gloucester on 10 February 1948. Following the Westminister parliamentary tradition, Prime Minister D. S. Senanayake handed over the speech to the Duke who delivered it on behalf of King George VI. After delivering the Speech from the Throne, the Duke stood up, uncovered his head and read a message from the King to people of Ceylon, in which he said:
Constitutional role
The Ceylon Independence Act 1947 passed by the Parliament of the United Kingdom on 10 December 1947, marked the beginning of a new constitution. On 4 February 1948, Ceylon officially transitioned from a British Crown colony to an independent country within the British Commonwealth of Nations. Under the Ceylon Independence Act, no act of the British parliament passed after 4 February 1948 extended to Ceylon as part of the law of Ceylon, unless it was "expressly declared in that act that Ceylon has requested and consented to the enactment thereof".File:Sir E.A.P Wijeyeratne with Queen Elizabeth.jpg|thumb|Elizabeth II, Queen of Ceylon, with Sir Edwin Wijeyeratne, Ceylonese High Commissioner to the United Kingdom, 1953
The constitution of the Dominion of Ceylon was contained in the Ceylon Independence Act 1947 and the Orders-in-Council of 1946 and 1947, known collectively as the Ceylon Orders-in-Council, 1947. The Constitution granted complete sovereignty to the island of Ceylon; the State Council of Ceylon had asked for dominion status in 1942, and accordingly the case for that status was made by D. S. Senanayake in August 1945 and February 1947. Under the new constitution, Ceylon was one of the dominions of the Commonwealth of Nations that shared its monarch with other Commonwealth realms. In relation to Ceylon, the monarch acted only on the advice of Ceylonese ministers.
The monarch of Ceylon was represented in the country by a governor-general. The office of governor-general was created under the Ceylon Letters Patent, 1947, and he was appointed by the monarch on the recommendation of the prime minister. The governor-general's term of office was not fixed, and held office during the monarch's pleasure. This suggested that a governor-general remained in office as long as it pleased the prime minister who remained in command of a majority in the House of Representatives. As the governor-general functioned as the monarch's representative, he was therefore entitled to all the respect of a representative of the sovereign.
Executive
All executive power of the island was vested in the monarch and could be exercised by the governor-general, in accordance with the Constitution and any other law in operation in Ceylon. In Ceylon, therefore, there were two nominal executives, the monarch and the governor-general, the former taking precedence over the latter. The monarch, while visiting Ceylon, could perform the required acts or duties in person. Therefore, the governor-general was not always able to act as an independent person, as his wishes could at any time be over-ridden by an order from the monarch.The Constitution placed a significant amount of power in the hands of the governor-general of Ceylon, with the role being more than a nominal one. One of the main duties of the governor-general was to appoint a prime minister, who thereafter advised the governor-general on how to execute the executive powers over all aspects of government operations. Usually, the governor-general appointed as prime minister the leader of the largest single group in the House of Representatives. The majority of the governor-general's functions were exercised on the advice of the prime minister. These functions included the summoning and proroguing of parliament, appointment of members of the Public Service Commission and the Judicial Service Commission, the appointment of judges of the Supreme Court, permanent secretaries, the auditor-general, the attorney-general, the commissioner of elections, parliamentary secretaries, and the secretary and ministers of the cabinet of Ceylon.
All ministers, parliamentary secretaries, and public officers held office at the monarch's pleasure. If, on occasion, a minister or a parliamentary secretary refused to tender his or her resignation when requested to do so by the prime minister, the latter could advise the governor-general to have the official removed from office.
Foreign affairs
Under the Constitution, there were certain functions which could only be performed by the monarch and these were not in any way delegated to the governor-general. These functions among others, included the making of treaties and international agreements, the appointment of diplomatic representatives, the issuing of exequaturs to consuls and the declaration of war. In these matters, the monarch acted in his or her capacity as sovereign of Ceylon, and on the advice of the government of Ceylon.In addition, the issuance of passports fell under the Royal Prerogative and, as such, all Ceylonese passports were issued in the monarch's name.
Parliament
The Constitution of Ceylon provided for a Parliament consisting of the monarch and two chambers: the Senate and the House of Representatives. The monarch was thus part of the Ceylonese legislature, and was usually represented by the governor-general. The Senate consisted of thirty Senators, fifteen of whom were appointed by the governor-general, and fifteen senators were elected by the House of Representatives. The House of Representatives consisted of 101 members, 95 of whom were elected, and six were appointed by the governor-general when, after a general election, he felt that any important interest in the country was represented inadequately or not at all. The Senate, however, was abolished on 2 October 1971 by the Ceylon Amendment Act No. 36 of 1971 introduced by the government of Sirimavo Bandaranaike.The governor-general was also responsible for summoning, proroguing, and dissolving parliament. The new parliamentary session was marked by the Ceremonial Opening of Parliament, during which the governor-general delivered the Throne Speech, on behalf of the monarch, which was drafted by the cabinet of Ceylon. The monarch could, however, send another representative to open or dissolve parliament or could come to Ceylon in person, while the governor-general continued to function in the country. Queen Elizabeth II herself opened the Parliament of Ceylon and delivered the Speech from the Throne on 12 April 1954, while the governor-general, Viscount Soulbury, was functioning in the island. King George VI deputed his brother, Prince Henry, Duke of Gloucester, to open the Ceylonese Parliament on his behalf in February 1948, though Sir Henry Monck-Mason Moore, the governor-general, was at this time in Ceylon.
All laws in Ceylon were enacted only with the granting of Royal Assent, done by the governor-general on behalf of the sovereign. Thus, bills began with the phrase: "Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows". The Royal Assent, and proclamation, were required for all acts of parliament, usually granted or withheld by the governor-general.