By Rajan Philips –

Rajan Philips

SJV Chelvanayakam, the founder leader of the Ilankai Thamil Arasu Kadchi, aka Ceylon Tamil Federal Party, passed away 49 years ago on 26 April 1977. There were events in Sri Lanka and other parts of the world where Tamils live, to commemorate his memory and his contributions to Tamil society and politics. His legacy is most remembered for his espousal of the cause of federalism and his commitment to pursuing it solely through non-violent politics. Chelvanayakam’s political life spanned a full thirty years from his first election as MP for Kankesanthurai in 1947 until his death in 1977.

Under the rubric of federalism, Chelvanayakam formulated what he called the four basic demands of the Tamil speaking people, a political appellation he coined to encompass – the Sri Lankan Tamils, Sri Lankan Muslims and the hill country Tamils (Malaiyaka Tamils). The four demands included the restoration of the citizenship rights of the hill country Tamils; cessation of state sponsored land colonisation in the North and East; parity of status for the Sinhala and Tamil languages; and a system of regional autonomy to devolve power to the northern and eastern provinces.

1957: B-C Pact Signed

High-minded Politics

Although the four basic demands that Chelvanayakam articulated were not directly delivered upon during his lifetime, they became part of the country’s political discourse and dynamic to such an extent that they had to be dealt with, one way or another, even after his death. So, we can call these posthumous developments as Chelvanayakam’s vicarious legacies. There is more to his legacy. He belonged to a category of Sri Lankans, Sinhalese, Tamils and Muslims, who took to politics, public life, public service, and even private business with a measure of high-mindedness that was almost temperamental and not at all contrived. Chelvanayakam personified high-mindedness in politics. But he was not the only one. There were quite a few others in the 20^th century. There have not been many since.           

Born on 31 March 1898, Chelvanayakam was 49 years old when he entered parliament. He was not an upstart school dropout dashing into politics or coming straight out of the university, or even a hereditary claimant, but a self-made man, an accomplished lawyer, a King’s Counsel, later Queen’s Counsel, and was widely regarded as one of the finest civil lawyers of his generation. He was a serious man who took to politics seriously. Howard Wriggins, in his classic 1960 book, “Ceylon: Dilemmas of a New Nation”, called Chelvanayakam “the earnest Christian lawyer.”

Chelvanayakam’s professional standing, calm demeanour, his personal qualities of sincerity and honesty, and his friendships with men of the  calibre of Sir Edward Jayatilleke KC (Chief Justice, 1950-52), H.V. Perera QC, P. Navaratnarajah, QC, and K.C. Thangarajah, were integral to his politics. The four of them were also mutual friends of Prime Minister SWRD Bandaranaike and they played a part in the celebrated consociational achievement in 1957, called the B-C Pact.

Chelvanayakam effortlessly combined elite consociationalism with grass roots politics and mass movements. He led the Federal Party both as a democratic organization and an open movement. Chelvanayakam and the Federal Party used parliament as their forum to present their case, the courts to fight for their rights, and took to organizing non-violent protests, political pilgrimages and satyagraha campaigns. He was imprisoned in Batticaloa, detained in Panagoda, and was placed under house arrest several times. His Alfred House Gardens neighbours in Colombo used to wonder why the government and the police were after him, of all people, and why wouldn’t they do something about his four boisterous, but studious, sons!

He was a rare politician who filed his own election petition when he was defeated in the 1952 election, his first as the leader of the Federal Party, and was rewarded with punitive damages by an exacting judge. He had to borrow money from Sir Edward Jayatilleke to pay damages. The common practice for losing candidates was to file vexatious petitions in the name of one of their supporters with no asset to pay legal costs. Chelvanayakam was too much of a principled man for that. As a matter of a different principle, the two old Left parties never challenged election losses in court, but Dr. Colvin R de Silva singled out Chelvanayakam’s uniqueness for praise in parliament, in the course of a debate on amendments to the country’s election laws in 1968.   

Disenfranchisement & Disintegration

Although he became an MP in 1947, Chelvanayakam had been associated with GG Ponnambalam and the Tamil Congress Party for a number of years. GG was the flamboyant frontliner, SJV the quiet mainstay behind. Tamil politics at that time was all about representation. In fact, all politics in Sri Lanka has been all about representation all the time. It started when British colonial rulers began nominating local (Sinhala, Tamil, Muslim) representatives to quasi legislative bodies, and it became a contentious political matter after the introduction of universal franchise in 1931.

Communal representation was conveniently made to look ugly by those who themselves were politically communal. Indeed, under colonial rule, if not later too, Sri Lankans were a schizophrenic society where most Sinhalese, Tamils and Muslims were socially friendly, but politically communal. The underlying premise to the fight over representation was that  British colonialists were not leaving in a hurry and they were there to stay and rule for a long time. Hence the jostling for positions under a foreign master. It was in this context that Ponnambalam made his celebrated 50-50 pitch for balanced representation between the Sinhalese, on the one hand, and all the others – Tamils, Muslims, Indian Tamils – combined on the other. It was a perfectly rational proposition, but it was also perfectly poor politics.

But independence came far too sooner than expected. The Soulbury Constitution was set up not for a continuing colonial state, but as the constitution for an independent new Ceylon. So, the argument for balanced representation became irrelevant in the new circumstances. The new Soulbury Constitution was enacted in 1945, general elections were held in 1947, a new parliament was elected, and Ceylon became independent in 1948. SJV Chelvanayakam was among the seven Tamil Congress MPs elected to the first parliament led by GG Ponnambalam. The Tamil Congress campaigned in the 1947 election against accepting the Soulbury Constitution and for a vaguely formulated mandate “to cooperate with any progressive Sinhalese party which would grant the Tamil their due rights.” But what these rights are was not specified. In a 5^th Feb 1946 speech in Jaffna, Ponnambalam specifically proposed “responsive cooperation between the communities” – not parties – and advocated “a social welfare policy” to benefit not only the poor masses of Tamils but also the large masses of the Sinhalese.

So, when Ponnambalam and four of the seven Tamil Congress MPs decided to join the government of DS Senanayake with Ponnambalam accepting the portfolio of the Minister of Industries, Industrial Research and Fisheries, they were opposed by Chelvanayakam and two other Tamil Congress MPs. The immediate context for this split was the Citizenship question that arose soon after independence when DS Senanayake’s UNP government introduced the Ceylon Citizenship Bill in parliament. The purpose and effect of the bill was to deprive the estate Tamils of Indian origin (then numbering about 780,000) of their citizenship. Previously the government had got parliament to enact the Elections Act to stipulate that only citizens can vote in national elections. In one stroke, the whole working population of the plantations was disenfranchised.

GG Ponnambalam and all seven Tamil Congress MPs voted against the two bills. Joining them in opposition were the six MPs from the Ceylon Indian Congress representing the Malaiyaka Tamils and 18 Sinhalese MPs from the Left Parties. The Citizenship Bill was passed in Parliament on 20 August 1948. Ponnambalam called it a dark day for Ceylon and accused Senanayake of racism. But less than a month later, on 3 September 1948, he joined the Senanayake cabinet as a prominent minister and the government’s principal defender in parliamentary debates. Dr. NM Perera once called Ponnambalam the UNP government’s “devil’s advocate from Jaffna.”

Chelvanayakam remained in the opposition with two of his Congress colleagues. A little over an year later, on 18 December 1949, Chelvanayakam founded the Ilankai Tamil Arasu Kadchi, Federal Party in English. Not long after, joining Chelvanayakam in the opposition was SWRD Bandaranaike, who broke away from the UNP government over succession differences and went on to form another new political party, the Sri Lanka Freedom Party. As was his wont as a Marxist to see trends and patterns in politics, Hector Abhyavardhana saw the breakaways of Chelvanayakam and Bandaranaike, as well as the emergence of Thondaman as the leader of the disenfranchised hill country Tamils, as symptoms of a disintegrating society as it was transitioning from colonial rule to independence.

Abhayavardhana saw the Citizenship Act as the political trigger of this disintegration in the course of which “what was set up for the purpose of a future nation ended in caricature as a Sinhalese state.”  Chelvanayakam may have agreed with this assessment even though he was located at the right end of the ideological continuum. “Ideologically, SJV is to the right of JR,” was part of political gossip in the old days. He saw “seeds of communism” in Philip Gunawardena’s Paddy Lands Act. For all their differences, Chelvanayakam and Ponnambalam were united in one respect – as unrepentant opponents of Marxism.    

The Four Demands

Chelvanayakam had his work cut out as the leader of a new political party and pitting himself against a formidable political foe like Ponnambalam with all the ministerial resources at his disposal. Chelvanayakam may not have quite seen it that way. Rather, he saw his role as a matter of moral duty to fill the vacuum created by what he believed to be Ponnambalam’s betrayal, and to provide new leadership to a people who were at the crossroads of uncertainty after the unexpectedly early arrival of independence.

He set about his work by expanding his political constituency to include not only the island’s indigenous Tamils, but also the Muslims and the Tamil plantation workers from South India – as the island’s Tamil speaking people. It was he who vigorously introduced the disenfranchised Indian Tamils as hill country Tamils. In the aftermath of the Citizenship Act and disenfranchisement, restoring their citizenship rights became an obvious first demand for the new Party.   

Having learnt the lesson from Ponnambalam’s failed 50-50 demand, Chelvanayakam territorialized the representation question by identifying the northern and eastern provinces as “traditional Tamil homelands,” and adding a measure of regional autonomy to make up for the shortfall in representation at the national level in Colombo. To territorialization and autonomy, he added the cessation of state sponsored land colonization, especially in the eastern province. Chelvanayakam and the Federal Party painstakingly explained that they were by no means opposed to Sinhalese voluntarily living in Tamil areas, either as a matter of choice, pursuing business or as government and private sector employees, but the nuancing was quite easily lost in the political shouting match.

The fourth demand, after citizenship, regional autonomy, and land, was about language. Language was not an issue when Chelvanayakam started the Federal Party. But he pessimistically predicted that sooner or later the then prevailing consensus, based on a State Council resolution, over equality between the two languages would be broken. He was proved right, sooner than later, and language became the explosive question in the 1956 election. As it turned out, the UNP government was thrown out, SWRD Bandaranaike lead a coalition of parties to victory and government in the south, while SJV Chelvanayakam won a majority of the seats in the North and East, including two Muslims from Kalmunai and Pottuvil.                

After the passage of the Sinhala Only Act on 5 June 1956, the Federal Party launched a political pilgrimage and mobilized a convention that was held in Trincomalee in the month of August. The four basic demands were concretized at the convention, viz., citizenship restoration for the hill country Tamils, parity of status for the Sinhala and Tamil languages, the cessation of state sponsored land colonization, and a system of regional autonomy in the Northern and Eastern Provinces.

The four demands became the basis for the Bandaranaike-Chelvanayakam agreement – the B-C Pact of 1957, and again the agreement between SJV Chelvanayakam and Dudley Senanayake in 1965. The B-C Pact was abrogated by Prime Minister Bandaranaike under political duress but was not abandoned by him. The D-C Pact has been implemented in fits and starts.

The two agreements which should have been constitutionally enshrined, were severely ignored in the making of the 1972 Constitution and the 1978 Constitution – with the latter learning nothing and forgetting everything that its predecessor had inadvertently precipitated. The political precipitation was the rise of Tamil separatism and its companion, Tamil political violence. Ironically, Tamil separatism and violence created the incentive to resolve what Chelvanayakam had formulated and non-violently pursued as the four basic demands of the Tamils.

After his death in 1977, the citizenship question has been resolved. The 13^th Amendment to the 1978 Constitution that was enacted in 1987 resolved the language question both in law and to an appreciable measure in practice. The same amendment also brought about the system of provincial councils, substantially fulfilling the regional autonomy demand of SJV Chelvanayakam. The resolution of the citizenship question and the establishment of provincial councils have brought significant political benefits to the hill country Tamils who are now officially recognized as Malaiyaka Tamils in all three languages.

Muslims have become a political force with their own political parties and territorial significance in the Eastern Province and the Mannar District. The concept of Tamil speaking people is still not irrelevant, but the reality is also that the Muslims and the Malaiyaka Tamils are emerging as Sri Lanka’s trilingual communities. On the other hand, the concept of traditional Tamil homelands is somewhat depleted in proportion to the sizeable Tamil diaspora. The land question itself has taken a different turn with state sponsored land colonisation in the east giving way to government security forces sequestering private residential properties of Tamil families in the north, especially in the Jaffna Peninsula. It is now 17 years since the war ended and the displaced Tamils are still waiting to return to their lands from which they were evicted.

The future of the Provincial Council system is also becoming uncertain with the extended postponement of provincial elections by four Presidents and their governments, including the current incumbents. The provinces are now being administered by the President through handpicked governors without the elected provincial councils as mandated by the constitution. Imagine a Sri Lanka where there is only an Executive President and no parliament – not even a nameboard one. What horror! You would say. But that is the microcosmic reality today in the country’s nine provinces.