Isabella Carter
The Constitution of Sri Lanka has been amended several times since the country gained independence from Britain in 1948. The current constitution, promulgated in 1978, was created to grant more local autonomy and equalize the Tamil and Sinhala ethnic groups. It revolves around a President with broad executive powers and recognizes Buddhism as the state religion. The constitution provides for a unicameral parliament and an executive president, with the term of office for both set at six years. It also establishes the duties of the state and the citizen, including the task of establishing a democratic socialist state, ensuring the distribution of wealth, and overseeing economic development.
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What You'll Learn
The influence of British colonial rule
The British colonial government favoured certain groups, including the semi-European Burghers, specific high-caste Sinhalese, and Tamils in the north, while overlooking other ethnic communities. The Burghers were granted a degree of self-government in 1833, and a legislative council was formed. However, this council was largely ineffective and resigned in 1864 when their censure of the British government was disregarded.
The British made several attempts to introduce constitutions that would appease the populace in 1910, 1920, and 1924, but these fell short of providing genuine local governance for the native population. It wasn't until the 1931 Constitution, also known as the Donoughmore Constitution, that native elected representatives gained more authority over internal matters. Universal suffrage was also introduced in 1931, despite protests from the Sinhalese, Tamil, and Burgher elites.
The Donoughmore Constitution was in effect from 1931 to 1947 and was part of a series of efforts to find a solution that respected inter-communal differences. It was eventually replaced by the Soulbury Commission proposals, which led to the Dominion of Ceylon from 1948 to 1972. The Soulbury Constitution, which included The Ceylon Independence Act, 1947, and The Ceylon (Constitution and Independence) Orders in Council 1947, established a parliamentary form of government and safeguarded minority rights through Article 29(2).
The process of decolonisation was not without challenges. The hurried nature of decolonisation left Sri Lanka with limited parliamentary checks and balances to protect the smaller ethnic groups on the island. This contributed to the rise of Sinhala Buddhist nationalism and the marginalisation of Tamils, resulting in violent conflicts and the loss of Tamil lives.
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The Soulbury Constitution
The Soulbury Commission was a key instrument of constitutional reform in British Ceylon, or modern-day Sri Lanka. It was established in 1944, succeeding the Donoughmore Commission, and was led by Herwald Ramsbotham, 1st Viscount Soulbury. The commission was formed to review the 1944 draft constitution of the Board of Ministers, which was headed by D.S. Senanayake.
The Soulbury Commission's work led to the Soulbury Constitution, which provided a parliamentary form of government for Ceylon. This constitution included the Ceylon Independence Act, 1947, and The Ceylon (Constitution and Independence) Orders in Council 1947. The Soulbury Constitution established a Judicial Service Commission and a Public Service Commission, with legislative power vested in the governor-general, the Senate, and the House of Representatives. The House of Representatives consisted of 101 members, 95 of whom were elected through universal suffrage, and the remaining 6 were nominated by the Governor-General. The Soulbury Constitution also safeguarded minority rights through Article 29(2).
Since then, Sri Lanka has had several constitutional amendments, with the current constitution being the country's second republican constitution, promulgated in 1978. It provided for a unicameral parliament, an executive president, and a form of multi-member proportional representation. The constitution has been formally amended 21 times as of October 2022.
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The 1972 Republican Constitution
The 1972 Constitution changed the country's name from Ceylon to Sri Lanka and established it as an independent republic, officially designated as the "Republic of Sri Lanka". It provided for a unicameral legislature, the National State Assembly, with a term of office of six years, and sovereignty was entirely vested in it. It also appointed a nominal president with a term of office of four years as the Head of State, who was responsible to the National State Assembly.
The 1972 Constitution was a key turning point for governance in the country, leading to less impartiality throughout the Executive, Legislative, and Judicial systems. It was also criticised for lacking considerations or safeguards for the country's minority communities and their basic rights, including religion and language.
The constitution-drafting committees were predominantly made up of members of the United Front. The Steering and Subjects Committee, tasked with drafting resolutions on the basic principles of the new constitution, consisted of 17 MPs, 12 of whom were cabinet members of the United Front government. The drafts of the resolutions were prepared by a drafting committee under Colvin R. de Silva's Ministry of Constitutional Affairs.
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The 1978 Constitution
The Constitution has 172 articles and recognizes Buddhism as the state religion, while also assuring all religions the right to practice freely. It establishes Sri Lanka as a unitary state with sovereignty in its people. The executive power of the people is vested in the President, who is elected by the people and exercises this power, including the defence of Sri Lanka. The judicial power of the people is vested in Parliament, which is exercised through courts, tribunals, and institutions created and established by the Constitution or by law.
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Amending the constitution
The Constitution of Sri Lanka has been amended several times over the past 40 years. Most provisions of the Constitution can be amended with a two-thirds majority vote in Parliament. However, certain entrenched provisions, such as those concerning the unitary state, sovereignty of the people, national symbols, religion, freedom of thought, and the referendum requirement itself, require both a two-thirds majority in Parliament and approval in a nationwide referendum.
The process of amending the Constitution has been used to address various issues and to adapt the country's governing document to changing circumstances. For example, the 17th Amendment, passed in 2001, aimed to increase transparency by establishing a constitutional council with members from the executive, legislative, and judicial branches, as well as representatives from the government, political parties, and the public.
Another significant amendment was the second amendment to the 1972 Constitution, passed by J. R. Jayewardene in 1977, which transformed the presidency into an executive position. This amendment led to the prime minister at the time, Jayewardene, becoming Sri Lanka's first executive president in 1978.
The Constitution also outlines the duties of the state and its citizens. The state is tasked with establishing a democratic socialist state, ensuring the distribution of wealth, overseeing economic development, and raising educational and cultural standards. Citizens, on the other hand, have a duty to foster national unity, protect public health and morality, and promote harmony among different racial and religious groups.
The Constitution of Sri Lanka, currently in force, was created on 31 August 1978. It establishes a unicameral parliament and an executive president, with the term of office for both set at six years. The Constitution also recognises Buddhism as the state religion and guarantees a broad range of fundamental rights, including freedom of thought and religion.
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Frequently asked questions
Sri Lanka's constitution is based on the principles of representative democracy, with sovereignty vested in the people. It guarantees freedom, equality, justice, fundamental human rights, and an independent judiciary.
The constitution has 172 articles, recognises Buddhism as the state religion, and guarantees a broad range of fundamental rights. It establishes the duties of the state and citizens, including the establishment of a democratic socialist state, ensuring the distribution of wealth, and overseeing economic development.
Sri Lanka's political system has been significantly influenced by its history as a British colonial possession from 1801. The British introduced various constitutions, with the 1931 constitution granting more authority to native elected representatives. Sri Lanka gained independence from Britain in 1948.
Due to their influence through access to education during British rule, the Tamil community played a role in shaping the constitution post-independence. The 1978 constitution, still in force today, aimed to grant more local autonomy and equalise the Tamil and Sinhala ethnic groups.
Most provisions of the constitution can be amended with a two-thirds majority in Parliament. However, certain entrenched provisions, such as those concerning the unitary state, sovereignty, national symbols, and religion, require both a two-thirds parliamentary majority and approval in a nationwide referendum.
