Constitution of Sri Lanka
Encyclopedia
The Constitution of the Democratic Socialist Republic of Sri Lanka has been the constitution
of the island nation of Sri Lanka
since its original promulgation by the National State Assembly
on 7 September 1978. It is Sri Lanka's second republican constitution, and its third constitution since the country's independence (as Ceylon) in 1948. it has been formally amended 18 times.
(UNP) came to power in July 1977 with a five-sixths majority, the second amendment to the 1972 Constitution was passed on 4 October 1977 to establish an executive presidency
, with J. R. Jayewardene
(the then Prime Minister
) becoming the first Executive President on 4 February 1978. Before the 1977 general election the UNP had sought a mandate from the people to adopt a new constitution. Accordingly a select committee
was appointed to consider the revision of the existing Constitution.
The new Constitution, promulgated on 7 September 1978, provided for a unicameral
parliament and an Executive President. The term of office of the president and the duration of parliament were both set at six years. The new Constitution also introduced a form of multi-member proportional representation
for elections to parliament, which was to consist of 196 members (subsequently 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 or her fundamental 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 anti-defection laws, and referendums on certain bills and on issues of national importance.
require both a two-thirds majority and approval at a nation-wide referendum.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the island nation of Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
since its original promulgation by the National State Assembly
National State Assembly
The National State Assembly was the legislative body of Sri Lanka established in 1972 by the First Republican Constitution. The assembly replaced the Parliament of Ceylon ....
on 7 September 1978. It is Sri Lanka's second republican constitution, and its third constitution since the country's independence (as Ceylon) in 1948. it has been formally amended 18 times.
History of the Constitution
When the United National PartyUnited National Party
The United National Party, often referred to as the UNP ), , is a political party in Sri Lanka. It currently is the main opposition party in Sri Lanka and is headed by Ranil Wickremesinghe...
(UNP) came to power in July 1977 with a five-sixths majority, the second amendment to the 1972 Constitution was passed on 4 October 1977 to establish an executive presidency
Executive president
An executive president is a president who exercises active executive power in a certain systems of government. Executive presidents are active in day-to-day governance of a nation, and are usually popularly elected....
, with J. R. Jayewardene
Junius Richard Jayewardene
Junius Richard Jayewardene , famously abbreviated in Sri Lanka as JR, was the first executive President of Sri Lanka, serving from 1978 till 1989. He was a leader of the nationalist movement in Ceylon who served in a variety of cabinet positions in the decades following independence...
(the then Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
) becoming the first Executive President on 4 February 1978. Before the 1977 general election the UNP had sought a mandate from the people to adopt a new constitution. Accordingly a select committee
Select committee
A select committee is a special subcommittee of a legislature or assembly governed under a committee system, like Robert's Rules of Order. They are often investigative in nature, collecting data or evidence for a law or problem, and will dissolve immediately after they report their findings to...
was appointed to consider the revision of the existing Constitution.
The new Constitution, promulgated on 7 September 1978, provided for a unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
parliament and an Executive President. The term of office of the president and the duration of parliament were both set at six years. The new Constitution also introduced a form of multi-member proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
for elections to parliament, which was to consist of 196 members (subsequently increased to 225 by the Fourteenth Amendment to the Constitution).
The Constitution provided for an independent judiciary and guaranteed fundamental rights
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
, providing for any aggrieved person to invoke the Supreme Court
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
for any violation of his or her fundamental 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 anti-defection laws, and referendums on certain bills and on issues of national importance.
Provisions for amendment
Most provisions of the Constitution of Sri Lanka can be amended by a two-thirds majority in parliament. However, the amendment of certain basic features such as the clauses on language, religion, and reference to Sri Lanka as a unitary stateUnitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
require both a two-thirds majority and approval at a nation-wide referendum.
Amendments to date
| Amendment | Date | Description |
|---|---|---|
| First Amendment | 20 November 1978 | Dealing with jurisdiction of the Court of Appeal |
| Second Amendment | 26 February 1979 | Dealing with resignations and expulsion of Members of the First Parliament |
| Third Amendment | 27 August1982 | To enable the President to seek re-election after 4years; vacation of office of President |
| Fourth Amendment | 23 December 1982 | Extension of term of first Parliament |
| Fifth Amendment | 25 February 1983 | To provide for by-election By-election A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections.... when a vacancy is not filled by the party |
| Sixth Amendment | 8 August 1983 | Prohibition against violation of territorial integrity |
| Seventh Amendment | 4 October 1983 | Dealing with Commissioners of the High Court and the creation of Kilinochchi District Kilinochchi District Kilinochchi district is one of the 25 administrative districts of Sri Lanka. The district is administered by a District Secretariat headed by a District Secretary appointed by the central government of Sri Lanka. The headquarters is located in Kilinochchi town... |
| Eighth Amendment | 6 March 1984 | Appointment of President's Counsel |
| Ninth Amendment | 24 August 1984 | Relating to public officers qualified to contest elections |
| Tenth Amendment | 6 August 1986 | To repeal section requiring two-thirds majority for Proclamation under Public Security Ordinance |
| Eleventh Amendment | 6 May 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 November 1987 | To make Tamil Tamil language Tamil is a Dravidian language spoken predominantly by Tamil people of the Indian subcontinent. It has official status in the Indian state of Tamil Nadu and in the Indian union territory of Pondicherry. Tamil is also an official language of Sri Lanka and Singapore... an official language and English a link Language, and for the establishment of Provincial Councils |
| Fourteenth Amendment | 24 May 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 1/8 of the total polled; apportionment of the 29 National List Members |
| Fifteenth Amendment | 17 December 1988 | To repeal Article 96A to eliminate zones and to reduce the cut-off point to 1/20th |
| Sixteenth Amendment | 17 December 1988 | To make provision for Sinhala and Tamil to be Languages of Administration and Legislation |
| Seventeenth Amendment | 3 October 2001 | To make provisions for the Constitutional Council and Independent Commissions |
| Eighteenth Amendment | 8 September 2010 | To remove the sentence that mentioned the limit of the re-election of the President and to propose the appointment of a parliamentary council that decides the appointment of independent posts like commissioners of election, human rights, and Supreme Court judges |