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| Constitution of Sri Lanka | |
|---|---|
| Name | Constitution of Sri Lanka |
| Jurisdiction | Sri Lanka |
| Date activated | 1978 |
| System | Unitary state; Presidential system |
| Branches | National State Assembly; Judiciary of Sri Lanka; Executive |
| Chief executive | President of Sri Lanka |
| Head of state | President of Sri Lanka |
| Courts | Supreme Court of Sri Lanka |
Constitution of Sri Lanka The Constitution of Sri Lanka is the supreme law of Sri Lanka, establishing the institutional framework for the Executive, Parliament, and Judiciary, and defining fundamental rights, duties, and the state structure. Originating from colonial-era statutes and successive post-independence instruments such as the Soulbury Commission recommendations, the document has undergone multiple major revisions, including the 1972 Republican Constitution and the 1978 Second Republican Constitution, shaping contemporary Sri Lankan politics and ethnic conflict in Sri Lanka dynamics.
The constitutional lineage traces to the Donoughmore Commission reforms, the Soulbury Commission, and the Ceylon Independence Act 1947, which led to the Dominion of Ceylon status and the first post-colonial arrangements under leaders like D. S. Senanayake and S. W. R. D. Bandaranaike. The 1972 Republican Constitution, promulgated under Sirimavo Bandaranaike, abolished dominion status and created the Republic of Sri Lanka, while the 1978 Constitution, introduced under J. R. Jayewardene, established a powerful executive presidency and a new electoral system influenced by Proportional representation. Later reforms involved actors such as Chandrika Kumaratunga, Ranasinghe Premadasa, and measures following the Second JVP Insurrection and the Sri Lankan Civil War. Devolution debates were framed by agreements like the Indo-Sri Lanka Accord and proposals such as the 13th Amendment to the Constitution of Sri Lanka, which created provincial councils in response to demands from groups including the Liberation Tigers of Tamil Eelam and actors from Tamil National Alliance negotiations.
The Constitution establishes a unitary state with provisions for decentralisation via the Provincial Councils instituted by the 13th Amendment to the Constitution of Sri Lanka. It sets out separation of powers among the President of Sri Lanka, the Parliament of Sri Lanka, and the Judicial Service Commission, and prescribes an electoral framework combining First-past-the-post constituencies and Proportional representation lists, defining offices such as the Prime Minister of Sri Lanka and the Speaker. The document enumerates state objectives including unitary sovereignty, territorial integrity of Sri Lanka, and language policies referencing Sinhala language and Tamil language.
A chapter guarantees civil liberties including freedoms of speech, religion, movement, and equality before law, paralleling provisions in instruments like the Universal Declaration of Human Rights and engaging institutions such as the Human Rights Commission of Sri Lanka. Individual remedies are accessible through writs in the Supreme Court of Sri Lanka and the Court of Appeal of Sri Lanka, with litigants invoking protections against arbitrary detention, discrimination, and violations arising during events such as the Black July riots or periods of emergency law like under Public Security Ordinance invocations. Duties articulated reference obligations to uphold the constitution and the national symbols of Sri Lanka, reflecting debates involving groups like Janatha Vimukthi Peramuna and civil society organisations including Lawyers Collective (Sri Lanka).
Executive power is vested in the President of Sri Lanka, who functions as head of state, head of government, and commander-in-chief, exercising appointment authority over offices including the Cabinet of Sri Lanka, Attorney General of Sri Lanka, and key commissions like the Election Commission of Sri Lanka. Legislative authority resides in the Parliament of Sri Lanka, a unicameral body with members elected under mixed systems and presided by the Speaker of the Parliament (Sri Lanka). Judicial authority is centered in the Supreme Court of Sri Lanka with jurisdiction over constitutional questions and final appellate oversight, supported by the Court of Appeal of Sri Lanka and lower courts such as the High Court of Sri Lanka and magistrate courts.
Amendments follow provisions distinguishing ordinary alterations, which require parliamentary majorities and assent from the President of Sri Lanka, from entrenched clauses that trigger referendums or two-thirds parliamentary majorities, reflecting precedents like the Ninth Amendment and the contested Eighteenth Amendment to the Constitution of Sri Lanka. Political actors such as United National Party and Sri Lanka Freedom Party have led amendment drives, while civil movements, religious bodies like the Buddhist Clergy of Sri Lanka, and international partners including United Nations Human Rights Council actors have influenced reform debates.
The Supreme Court of Sri Lanka has authority for judicial review, interpreting constitutional text in landmark rulings involving executive powers, emergency proclamations, and electoral disputes, often referencing comparative jurisprudence from courts such as the Supreme Court of India and instruments like the International Covenant on Civil and Political Rights. Judges appointed under procedures involving the Judicial Service Commission (Sri Lanka) and presidential nominations have decided cases implicating entities including the Inspector General of Police (Sri Lanka) and commissions like the Commission to Investigate Allegations.
Criticisms target the concentration of power in the presidency, rollback of checks seen in the Eighteenth Amendment to the Constitution of Sri Lanka, alleged erosion of independence of institutions such as the Election Commission of Sri Lanka and the Judicial Service Commission (Sri Lanka), and tensions over devolution promised by the 13th Amendment to the Constitution of Sri Lanka. Rights groups including Amnesty International and Human Rights Watch have raised concerns about emergency powers, transitional justice after the Sri Lankan Civil War, and accountability for alleged abuses by actors like the Sri Lanka Army and Paramilitary organizations (Sri Lanka). Political disputes over reform have involved coalitions like the United People's Freedom Alliance and campaigns by figures such as Maithripala Sirisena and Gotabaya Rajapaksa.
Category:Constitutions