Constitution
The Sri Lankan constitution is the supreme law of Sri Lanka. Enacted in 1978, the present constitution is officially known as the “Constitution of the Democratic Socialist Republic of Sri Lanka”. It is also known as the Second Republican Constitution of Sri Lanka and the “1978 Constitution”.
Sovereignty is in the people
The 1978 Constitution declares Sri Lanka to be a free, sovereign, independent and Democratic Socialist Republic and emphasizes the unitary nature of Sri Lanka.
An important aspect of a Constitution relates to its provisions on sovereignty. The 1978 Constitution of Sri Lanka in Article 3 declares that the sovereignty of Sri Lanka is in the people and is inalienable and goes on to add that the sovereignty of the people of Sri Lanka shall consist of the power of government, the fundamental rights and the franchise.
Democratic Socialist Republic of Sri Lanka
Sri Lanka was officially named the “Democratic Socialist Republic of Sri Lanka” by the 1978 Constitution. Prior to the enactment of the Constitution, Sri Lanka was known as the “Republic of Sri Lanka” under the 1972 Constitution. The Constitution claims a number of unique features which widely distinguishes it from its predecessors.
Fundamental Rights guaranteed
A unique feature of the Constitution is its Chapter on “Fundamental Rights”. For the first time in the evolution of constitutions, an entire chapter was dedicated by the 1978 Constitution in defining the rights of the individuals of Sri Lanka. Hence it is correct to say that Sri Lanka has a Bill of Rights in the form of the chapter on “Fundamental Rights”
In contrast to the 1978 Constitution, the previous constitutions did not contain widely defined provisions on human rights. If at all, the Soulbury Constitution of 1947 sought to guarantee certain rights to the minorities, such as the right to religion etc. The 1972 Constitution did not recognize specific human rights.
The Constitution also created history by enabling those whose fundamental rights were infringed or are likely to be infringed by the Executive or Administrative authorities of Sri Lanka to seek redress at the Supreme Court, the highest court of the land.
Executive Presidency
A unique feature in the Constitution is the Executive presidency. This feature of the Constitution changed the traditional Westminster form of government inherited from the British by creating the office of the Executive President vested with the executive powers of the people. The Executive President replaced the Prime Minister as the Head of Government, since Sri Lanka’s independence in 1948.
Proportional Representation
The Constitution also provided to guarantee the rights of all communities through the introduction of the system of proportional representation. This feature has resulted in further safeguarding the minor political parties and their interests, by providing them with opportunities for adequate representation in Parliament and other elected bodies of Sri Lanka. The system has paved the way for a multi party democratic system in Sri Lanka
Thirteenth and Seventeenth Amendments
The Sri Lanka Constitution has been in force for over 30 years and has been amended over the years.
Two interesting amendments of the Constitution, the “Thirteenth Amendment” and the “Seventeenth Amendment” sought to create the Provincial Councils and the Independent Commissions of Sri Lanka.
The Thirteenth Amendment of Constitution, sought to devolve certain powers and functions of the central government to a provincial level, thereby giving the people of the provinces an opportunity to exercise more authority over matters concerning their economic and social welfare including health, education and infrastructure development through their elected representatives.
The Seventeenth Amendment to the Constitution sought to create Independent Commissions including the Independent Public Service Commission, Judicial Service Commission, Election Commission, the National Police Commission, the National Human Rights Commission of Sri Lanka and the Bribery Commission of Sri Lanka.
The Constitution of Sri Lanka continues to evolve according to the needs of the people of Sri Lanka and continues to guide and inspire the successive governments since its inception.
