The Framework Of Sri Lanka: Understanding Its Constitution

what are the parts of sri lanka constitution

The Constitution of the Democratic Socialist Republic of Sri Lanka has been in place since 7 September 1978, when it was promulgated by the National State Assembly. It is Sri Lanka's second republican constitution and has been amended 21 times as of October 2022. The document outlines Sri Lanka as a Unitary State, with sovereignty vested in the people. It establishes the country's legislature, executive and judicial powers, and outlines the rights and freedoms of its citizens.

Characteristics Values
Name Constitution of the Democratic Socialist Republic of Sri Lanka
Type of government Democratic Socialist Republic
Type of legislature Unicameral
Number of parliament members 226
Term of parliament members 6 years
Executive power Vested in the President of the Republic, elected by the people
Judicial power Exercised by Parliament through courts, tribunals and institutions
Fundamental rights Respected, secured and advanced by all organs of government
Franchise Exercisable at the election of the President of the Republic and of the Members of Parliament
Territory Consists of 25 administrative districts
National flag Lion flag
National anthem "Sri Lanka Matha"
National day 4th of February
Official languages Sinhala and Tamil
Link language English
Religious rights Buddhism is granted foremost place, with freedom of religion for all
Previous constitutions Soulbury Constitution, 1972 Constitution

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Sri Lanka's constitution history

The current constitution of Sri Lanka, also known as the Constitution of the Democratic Socialist Republic of Sri Lanka, came into effect on 7 September 1978. It is the country's second republican constitution and its fourth constitution overall. The constitution has been formally amended 21 times as of October 2022.

The history of Sri Lanka's constitution is closely tied to the country's colonial past and its struggle for independence. The British, who ruled the island from 1801, attempted to establish a representative government through various constitutions in 1833, 1910, 1920, and 1924, but these failed to provide meaningful local governance for the native population. The 1931 Constitution marked a shift, granting more authority to native elected representatives over internal affairs.

Following World War II, the movement for independence from Britain gained momentum. On 4 February 1948, Sri Lanka (then known as Ceylon) gained independence within the British Commonwealth as the Dominion of Ceylon. This transition was facilitated by the Soulbury Constitution, which provided a parliamentary form of government and safeguarded minority rights.

In May 1970, Sirimavo Bandaranaike became the world's first woman Prime Minister. Her government drafted a new Republican Constitution, which was promulgated on 22 May 1972. This constitution established a unicameral legislature, the National State Assembly, with a six-year term, and vested sovereignty entirely in it. It also introduced a nominal presidency with a four-year term, appointed by the Prime Minister.

In July 1977, J. R. Jayewardene was elected Prime Minister with a five-sixths majority. He passed the second amendment to the 1972 Constitution, making the presidency an executive position. This new constitution was promulgated on 7 September 1978 and provided for a unicameral parliament, an executive president, and a form of multi-member proportional representation for parliamentary elections.

The current constitution of Sri Lanka guarantees fundamental rights and freedoms, provides for an independent judiciary, and establishes the country as a Unitary State with Buddhism as the state religion. It ensures that sovereignty resides in the people and grants them inalienable rights, including the powers of government and the franchise.

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The country's legislative power

The current constitution of Sri Lanka, promulgated on 7 September 1978, is the country's second republican constitution. It replaced the Sri Lankan Constitution of 1972, which was drafted by Sirimavo Bandaranaike's United Front Government, establishing a unicameral legislature named the National State Assembly with a term of office of 6 years. The 1978 Constitution, however, provided for a unicameral parliament with 196 members (later increased to 225 and then to 226), and an Executive President with a term of office of 6 years. The 13th Amendment to the 1978 Constitution, passed in 1987, created Provincial Councils and made Sinhala and Tamil the official languages of the country, with English as the "link language".

The legislative power of Sri Lanka is vested in its Parliament, which consists of 226 members elected to 6-year terms by a direct vote. The Parliament exercises the judicial power of the people through courts, tribunals, and institutions created and established or recognised by the Constitution or by law. The Parliament can also directly exercise judicial power in matters relating to the privileges, immunities, and powers of its members and itself.

The Constitution of Sri Lanka guarantees certain fundamental rights and freedoms, which are to be respected, secured, and advanced by all organs of the government. These rights include freedom, equality, justice, and fundamental human rights, as well as the independence of the judiciary. The Constitution also provides for the protection and fostering of Buddhism, while assuring the rights of all religions.

The President of Sri Lanka, elected by the people, exercises the executive power of the people, including the defence of the country. The President can also assume the powers of other government posts until an appropriate candidate is found. The Prime Minister and the Cabinet advise the President and are responsible for the direction and control of the Government, although they are ultimately responsible to Parliament and are appointed by the President.

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The executive power of the people

The Constitution of the Democratic Socialist Republic of Sri Lanka has been in place since 7 September 1978, with 21 formal amendments as of October 2022. It is Sri Lanka's second republican constitution, replacing the 1972 Constitution.

The Constitution provides for a unicameral parliament, with a term of six years. The President's term of office is also set at six years. The Constitution introduced a form of multi-member proportional representation for elections to parliament, which initially consisted of 196 members, later increased to 225 by the Fourteenth Amendment.

The Constitution also introduced anti-defection laws and referendums on certain bills and issues of national importance. It guarantees fundamental rights, providing for any aggrieved person to invoke the Supreme Court for any violation of their fundamental rights. It also established a Parliamentary Commissioner for Administration (Ombudsman) to investigate public grievances against government institutions and state officers and provide redress.

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Sri Lanka's national symbols

The current Sri Lankan constitution, promulgated on 7 September 1978, is the country's second republican constitution. It is also the fourth constitution overall since the country became part of the British Empire in 1801. The national symbols of Sri Lanka are an integral part of its constitution and reflect the country's history, culture, and values. Here is a detailed overview of Sri Lanka's national symbols:

National Flag

The national flag of Sri Lanka, also known as the Lion Flag, is a significant symbol of the country's identity and heritage. The flag features a gold lion holding a sword in its right fore paw, representing strength and courage. The lion is depicted on a maroon background, which may symbolize the blood shed by the nation's heroes in their struggle for freedom. The border of the flag is composed of golden petals of the Blue Lotus, the national flower of Sri Lanka, which flourishes in the country's many aquatic habitats.

National Emblem

The national emblem of Sri Lanka, designed by Venerable Mapalagama Wipulasara Maha Thera, features the same gold lion as on the flag, symbolizing the strength and sovereignty of the nation. The lion holds a sword in its right paw, representing justice and power. The emblem has a maroon background and is surrounded by golden petals of the Blue Lotus. It is placed on top of a traditional grain vase with sprouting rice grains, reflecting prosperity and the country's agricultural heritage. The crest of the emblem is the Dharmachakra, symbolizing Buddhism's foremost place in the country and the aspiration for just rule.

National Anthem

The national anthem of Sri Lanka is "Sri Lanka Matha," which translates to "Mother Sri Lanka." The anthem's lyrics and music were composed by Ananda Samarakoon, a renowned Sri Lankan musician and composer. The anthem reflects the country's pride, unity, and aspirations as a nation. It pays tribute to the country's natural beauty, its diverse cultures, and the spirit of its people.

National Day

The National Day of the Republic of Sri Lanka is celebrated on the fourth day of February each year. This date commemorates the country's independence from British rule, which was officially declared on 4 February 1948. The day is marked by patriotic events, cultural performances, and celebrations across the country, showcasing the nation's rich heritage and unity in diversity.

These national symbols are enshrined in Sri Lanka's constitution and are a source of pride and unity for the country's diverse population. They represent the country's journey towards independence, its cultural and religious heritage, and its aspirations for a democratic, socialist republic.

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The country's political system

The Democratic Socialist Republic of Sri Lanka is a unitary state with a semi-presidential system. The country gained independence from British rule in 1948 and has since had four constitutions, the latest of which came into force in 1978.

The current constitution establishes a unicameral parliament with 225 members, elected to six-year terms by a direct vote. The president, as head of state and government, is directly elected by the people and exercises executive power, including defence. The president can be impeached by a combined effort of parliament and the judicial branch. The prime minister and cabinet are appointed by the president and are responsible for directing and controlling the government. While they advise the president, they are ultimately responsible to parliament.

The constitution also establishes the sovereignty of the people, which includes the powers of government, fundamental rights, and the franchise. It grants Buddhism the "foremost place" while assuring the freedom of religion for all. The official languages of the country are Sinhala and Tamil, with English serving as the "link language".

The constitution has been formally amended 21 times as of October 2022. Notable amendments include the 13th Amendment, which created Provincial Councils, and the 17th Amendment, which established a constitutional council to ensure more transparency in governance.

Frequently asked questions

The current constitution of Sri Lanka is the Constitution of the Democratic Socialist Republic of Sri Lanka, which came into effect on 7 September 1978.

The previous constitution was the Sri Lankan Constitution of 1972, which was promulgated on 22 May 1972.

The current constitution has been amended multiple times 21 times as of October 2022. Notable amendments include the 13th Amendment in 1987, which created Provincial Councils and made Sinhala and Tamil the official languages, and the 17th Amendment in 2001, which created a constitutional council to ensure more transparency.

The current constitution provides for a unicameral parliament with 225 members (originally 196), an executive president with a six-year term, and a multi-member proportional representation system for parliamentary elections. It also guarantees fundamental rights and freedoms, including freedom, equality, justice, and fundamental human rights.

The president of Sri Lanka is the head of state and government, and is elected by the people. The president exercises executive power, including defence, and can also appoint government posts, including ministers. The president can be impeached by a combined effort of parliament and the judicial branch.

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