Omar Bennett
The Democratic Socialist Republic of Sri Lanka, an island in the Indian Ocean, has a long and complex constitutional history. The country's first constitution was created in 1833 under British rule, and its most recent constitution was written in 1978. Sri Lanka's current constitution, which was amended in 2001 and 2020, has been criticised for its controversial policies and non-inclusive drafting process.
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What You'll Learn
The Soulbury Constitution
Sri Lanka's political system has been shaped by its history as a British colony, dating back to 1801. The British made several attempts to implement a representative government on the island, including through the creation of a legislative council in 1833 and various constitutions in 1910, 1920, and 1924. However, it was not until the 1931 Constitution that the native elected representatives were granted more authority over internal affairs.
The Soulbury Commission, headed by Herwald Ramsbotham, 1st Viscount Soulbury, played a crucial role in the transition to independence. It was appointed in 1944 to address the growing calls for constitutional reform in Ceylon. The commission's work built upon the 1944 draft constitution of the Board of Ministers, led by D. S. Senanayake, who advocated for a "Ceylonese" vision of cooperation among the country's diverse ethnic and religious groups.
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Ceylon renamed Sri Lanka
The island country of Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, was historically known as Ceylon. The name Ceylon comes from the Portuguese name for the island, Ceilão. The British referred to the island as British Ceylon from 1815 until 1948, when it became an independent country in the Commonwealth of Nations.
In 1948, the British Colony of Ceylon was granted independence as the Dominion of Ceylon. The country became a dominion within the British Empire, with an amended constitution taking effect the same year. The Soulbury Constitution provided for a parliamentary form of government, a Judicial Service Commission, and a Public Service Commission.
In 1972, the country became a republic within the Commonwealth and changed its name to Sri Lanka. The formal name adopted in 1972 was the "Free, Sovereign and Independent Republic of Sri Lanka". This change marked the removal of Queen Elizabeth II as the head of state. The name "Lanka" is much older and is closer to the native Sinhalese and Tamil names for the island.
In 2011, the Sri Lankan government announced a plan to remove the name "Ceylon" from all state institutions that still bore the former British colonial name. This decision came 39 years after the country was renamed in 1972. The Ceylon Tea label was one of the few instances where the name "Ceylon" was retained, as the industry believed it signified quality for the country's most famous export.
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Democratic Socialist Republic
The Democratic Socialist Republic of Sri Lanka is an island country in the Indian Ocean, with a population of around 21 million people from diverse ethnic and religious backgrounds. Sri Lanka's history as a British colony, dating back to 1801, has significantly influenced its political system and constitutional development.
The country's journey towards a democratic socialist state began with its independence from British rule in 1948. Under the Soulbury Constitution, which included the Ceylon Independence Act, 1947, and the Ceylon (Constitution and Independence) Orders in Council 1947, Sri Lanka was known as Ceylon and had a parliamentary form of government. This constitution safeguarded minority rights and provided for a governor-general, a senate, and a House of Representatives. However, its perceived weaknesses led to calls for a new constitution, particularly from nationalists and the Left.
In 1970, Sirimavo Bandaranaike became the world's first female Prime Minister, and her United Front Government worked on drafting a new Republican Constitution. This constitution, promulgated on 22 May 1972, changed the country's name from Ceylon to Sri Lanka and established it as an independent republic. It provided for a unicameral legislature, the National State Assembly, with sovereignty vested in it. A nominal president with a four-year term was appointed as the Head of State. This constitution also included a declaration of fundamental rights and freedoms.
The Sri Lankan Constitution underwent further amendments, with the 1978 constitution, influenced by the Tamil minority, granting more local autonomy and equalising the Tamil and Sinhala ethnic groups. The 17th amendment in 2001 aimed to introduce more transparency by establishing a constitutional council. However, attempts to write a new constitution in 2000 failed. The 20th Amendment, passed in 2020, was controversial as it reinstated presidential powers and was seen as a step towards autocracy and dictatorship by critics.
The current constitution of Sri Lanka, established as a Democratic Socialist Republic, revolves around a powerful presidency with broad executive powers. It recognises Buddhism as the state religion and guarantees fundamental rights. The constitution outlines the duties of the state, including establishing a democratic socialist state, ensuring the distribution of wealth, overseeing economic development, and promoting national identity through the elimination of discrimination. It also defines the responsibilities of citizens, such as fostering national unity and protecting public health and morality.
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Presidential executive powers
The current constitution of Sri Lanka, promulgated on 7 September 1978, provides for a unicameral parliament and an Executive President. The constitution has 172 articles and recognises Buddhism as the state religion. It also guarantees a broad range of fundamental rights and establishes the duties of the state and the citizen.
The President of Sri Lanka is the Head of State and is elected by the people. The President is vested with broad executive powers, including the defence of the country. The President has the right to attend, address, and send messages to Parliament and is entitled to the privileges, immunities, and powers of a Member of Parliament. The President is also responsible for making and executing the Acts of Appointment of the Prime Minister, Cabinet of Ministers, Chief Justice, and other Judges of the Supreme Court. The President holds the Public Seal of the Republic and has the power to grant pardons to offenders convicted in the country.
The constitution outlines that the President shall not hold any other office or place of profit. In the event that the office of the President becomes vacant, the Speaker of Parliament shall exercise the powers and duties of the President until a new President assumes office.
The term of office for the President is six years, and a referendum is required if an extension beyond six years is considered, as per the constitution. In 2020, the Sri Lankan parliament approved amendments to the constitution that further strengthened the powers of the President, including the power to dissolve the legislature.
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Tamil influence on the 1978 Constitution
The current constitution of Sri Lanka, promulgated on 7 September 1978, was influenced by the Tamils in the country's efforts to grant more local autonomy and equalize the Tamil and Sinhala ethnic groups. The Tamils had gained influence through their access to education during British rule. The 1978 Constitution provided for a unicameral parliament and an Executive President with broad powers, and it recognised Buddhism as the state religion while guaranteeing a broad range of fundamental rights.
The 1978 Constitution of Sri Lanka
The 1978 Constitution of Sri Lanka, officially known as the Democratic Socialist Republic of Sri Lanka, was promulgated on 7 September 1978. It provided for a unicameral parliament, consisting of 196 members (later increased to 225), with a term of six years. The Constitution also established an Executive President with a term of six years, who would be head of state and exercise significant powers, including those related to defence. The President is elected by the people and is responsible for appointing the Prime Minister and Cabinet, who advise and support the President in their role as Head of Government.
The Tamil community in Sri Lanka, particularly the northern Tamils, had gained influence and access to education during British rule. As a result, they played a role in influencing the creation of the 1978 Constitution, which aimed to grant more local autonomy and equalise the rights of the Tamil and Sinhala ethnic groups. The Tamils were represented by the guerrilla group Liberation Tigers of Tamil Eelam (LTTE) during the civil war, which ended in 2009 with the defeat of the LTTE by the Sinhalese government.
Key Provisions of the 1978 Constitution
The 1978 Constitution recognised Buddhism as the state religion while guaranteeing a broad range of fundamental rights. It also established the duties of the state, including the establishment of a democratic socialist state, ensuring the distribution of wealth, overseeing economic development, and raising educational and cultural standards. The Constitution provides for a broad range of fundamental rights, including freedom of thought, expression, and religion, and it establishes the legislative, executive, and judicial branches of government.
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Frequently asked questions
The first constitution of Sri Lanka, then known as Ceylon, was written in 1833 under British rule. However, this constitution created a largely powerless legislative council. The Soulbury Constitution, written in 1947, provided a parliamentary form of government for Ceylon.
Sri Lanka gained independence from Britain and became a Dominion on 4 February 1948. The Soulbury Constitution was adopted as its constitution.
Sri Lanka's first republican constitution was promulgated on 22 May 1972. It was drafted by the United Front, led by Sirimavo Bandaranaike's Sri Lanka Freedom Party, who won the 1970 general election with a two-thirds majority. This constitution provided for a unicameral legislature named the National State Assembly.
