Constitution of Sri Lanka

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The Constitution of the Democratic Socialist Republic of Sri Lanka is the official document that outlines the fundamental laws and the structure of government in the island nation of Sri Lanka. It was promulgated in its original form on 7th of September 1978 by the National State Assembly.

Contents

[edit] History of the Constitution

When the UNP came to power in July 1977 with a five-sixths majority, the second amendment to the 1972 Constitution was passed on 4th October 1977 to bring in the Executive Presidency, and Mr. J. R. Jayewardene, the then Prime Minister, became the first Executive President on 4th February 1978. Before the 1977 General Election the UNP also sought a mandate from the people to adopt a new Constitution. A Select Committee was appointed to consider the revision of the Constitution. The new Constitution, promulgated on the 7th of September 1978, provided for a unicameral Parliament with legislative power and an Executive President. The term of office of the President and of Parliament is six years. It also introduced a Proportional Representation system. The Parliament was to consist of 196 Members, but this was later increased to 225 by the Fourteenth Amendment to the Constitution.

The Constitution provided for an independent Judiciary and guaranteed Fundamental Rights, providing for any aggrieved person to invoke the Supreme Court for any violation of his rights. The Constitution also provided for a Parliamentary Commissioner for Administration (Ombudsman) who could investigate public grievances against Government Institutions and State officers and give redress. It also introduced a Proportional Representation system, anti-defection laws, and referendums on certain Bills and on issues of national importance.

[edit] Chapters of the Constitution

The Constitution of Sri Lanka comprises 24 Chapters and 9 Schedules and has had 17 amendments.

[edit] Preamble

The Preamble states:

“ The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and granted on the sixth day of the waxing moon in the month of Adhi Nikini in the year two thousand five hundred and twenty-one of the Buddhist Era (being Thursday the twenty-first day of the month of July in the year one thousand nine hundred and seventy-seven), entrusted to and empowered their Representatives elected on that day to draft, adopt and operate a new Republican Constitution in order to achieve the goals of a DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly resolved by the grant of such Mandate and the confidence reposed in their said Representatives who were elected by an overwhelming majority, to constitute SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable republican principles of REPRESENTATIVE DEMOCRACY, and assuring to all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS and the INDEPENDENCE OF THE JUDICIARY as the intangible heritage that guarantees the dignity and well-being of succeeding generations of the People of SRI LANKA and of all the people of the World, who come to share with those generations the effort of working for the creation and preservation of a JUST AND FREE SOCIETY:

WE, THE FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRI LANKA, in pursuance of such Mandate, humbly acknowledging our obligations to our People and gratefully remembering their heroic and unremitting struggle to regain and preserve their rights and privileges so that the Dignity and Freedom of the Individual may be assured, Just, Social, Economic and Cultural Order attained, the Unity of the Country restored, and Concord established with other Nations,

do hereby adopt and enact

this CONSTITUTION as the SUPREME LAW of the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

 ”

[edit] Chapter One: The People, The State and Sovereignty

[edit] Chapter Two: Buddhism

[edit] Chapter Three: Fundamental Rights

[edit] Chapter Four: Language

[edit] Chapter Five: Citizenship

[edit] Chapter Six: Directive Principles of State Policy and Fundamental Duties

[edit] Chapter Seven: The Executive - The President of the Republic

[edit] Chapter Eight: The Executive - The Cabinet of Ministers

[edit] Chapter Nine: The Executive - The Public Service

[edit] Chapter Ten: The Legislature – Parliament

[edit] Chapter Eleven: The Legislature - Procedures and Powers

[edit] Chapter Twelve: The Legislature - Amendment of the Constitution

[edit] Chapter Thirteen: The Referendum

[edit] Chapter Fourteen: The Franchise and Elections

[edit] Chapter Fifteen: The Judiciary

[edit] Chapter Sixteen: The Superior Courts

[edit] Chapter Seventeen: Finance

[edit] Chapter Eighteen: Public Security

[edit] Chapter Nineteen: THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION

[edit] Chapter Twenty: General

[edit] Chapter Twenty one: TRANSITIONAL PROVISIONS

[edit] Chapter Twenty Two: INTERPRETATION

[edit] Chapter Twenty Three: REPEAL

[edit] Chapter Twenty Four: PROMULGATION OF THE CONSTITUTION

[edit] Provisions for amendment

The Constitution of Sri Lanka can be amended by a two-thirds majority and sometimes an approval at a national referandum.

[edit] Constitutional Amendments

First Amendment

20.11.1978
Dealing with jurisdiction of the Court of Appeal

Second Amendment

26.02.1979 
Dealing with resignations and expulsion of Members of the First Parliament

Third Amendment

27.08.1982 
To enable the President to seek re-election after 4years; vacation of office of President

Fourth Amendment

23.12.1982 
Extension of term of First Parliament

Fifth Amendment

25.02.1983 
To provide for by-election when a vacancy is not filled by the party

Sixth Amendment

08.08.1983
Prohibition against violation of territorial integrity

Seventh Amendment

04.10.1983
Dealing with Commissioners of the High Court and the creation of Kilinochchi District

Eighth Amendment

06.03.1984
Appointment of President's Counsel

Ninth Amendment

24.08.1984
Relating to public officers qualified to contest elections

Tenth Amendment

06.08.1986
To repeal section requiring two-thirds majority for Proclamation under Public Security Ordinance

Eleventh Amendment

06.05.1987
To provide for a Fiscal for the whole Island; also relating to sittings of the Court of Appeal

Twelfth Amendment

               (Not enacted)

Thirteenth Amendment

14.11.1987
To make Tamil an official language and English a link Language, and for the establishment of Provincial Councils

Fourteenth Amendment

24.05.1988
Extension of immunity of President; increase of number of Members to 225; validity of Referendum; appointment of Delimitation Commission for the division of electoral districts into zones; proportional representation and the cut-off point to be 1/8th of the total polled; apportionment of the 29 National List Members

Fifteenth Amendment

17.12.1988
to repeal Article 96A to eliminate zones and to reduce the cut-off point to 1/20th

Sixteenth Amendment

17.12.1988
to make provision for Sinhala and Tamil to be Languages of Administration and Legislation

Seventeenth Amendment

03.10.2001
to make provisions for the Constitutional Council and Independent Commissions.

[edit] External links