Sri Lanka
Sri Lanka Constitution at a glance
1978 ConstitutionThe Constitution of Sri Lanka establishes the Democratic Socialist Republic of Sri Lanka as a unitary state in which sovereignty is in the People and includes governmental power, fundamental rights and the franchise. The Constitution organizes power through the President, Parliament, the Cabinet of Ministers, the judiciary, independent commissions, provincial councils and referendum-based constitutional controls.
This country profile is designed for readers searching for Sri Lanka’s constitutional system, the 1978 Constitution of Sri Lanka, fundamental rights in Sri Lanka, Article 9 Buddhism, Sinhala and Tamil language provisions, the President and Parliament, the Supreme Court, devolution through Provincial Councils, and amendment rules under Articles 82 and 83.
Constitutional overview
Preamble · Arts. 1–8The Constitution opens with the objective of constituting Sri Lanka into a Democratic Socialist Republic and describes the Constitution as the supreme law of the Democratic Socialist Republic of Sri Lanka. Its constitutional identity is not federal: Article 2 states that the Republic of Sri Lanka is a unitary state.
Articles 1 to 4 provide the basic architecture. Sri Lanka is identified as a free, sovereign, independent and democratic socialist republic. Sovereignty is in the People and includes the powers of government, fundamental rights and the franchise. The Constitution then distributes the exercise of sovereignty through Parliament and referendum, an elected President, and courts and institutions established or recognized by law.
The Constitution also contains national identity provisions: the territory consists of twenty-five administrative districts and territorial waters; the national flag is the Lion Flag; the national anthem is “Sri Lanka Matha”; and the national day is 4 February.
Identity and constitutional structure
Arts. 1–4, 9, 18–19President and Cabinet
Parliament
Supreme Court, Court of Appeal and High Court
Fundamental rights
Arts. 10–17Chapter III contains the core rights catalogue. It includes freedom of thought, conscience and religion; freedom from torture; equality and equal protection; protections against arbitrary arrest, detention and punishment; freedoms of speech, assembly, association, occupation and movement; access to information; and restrictions on rights under Article 15.
The remedial structure is especially important: Article 17 connects rights violations by executive or administrative action to the Supreme Court remedy under Article 126. Existing written and unwritten law continues under Article 16, creating an important constitutional design issue for rights analysis.
Rights matrix
Ch. IIIBuddhism and religious freedom
Arts. 9, 10, 14Article 9 gives Buddhism the foremost place and requires the State to protect and foster the Buddha Sasana. The same provision expressly preserves the rights granted to all religions by Articles 10 and 14(1)(e), making the religious architecture both preferential and rights-qualified.
Language chapter
Arts. 18–25Article 18 declares Sinhala the official language, provides that Tamil shall also be an official language, and identifies English as the link language. Article 19 declares Sinhala and Tamil to be the national languages. The remaining language provisions regulate use in Parliament, administration, legislation, courts and instruction.
Territorial integrity
Arts. 5, 157AArticle 5 defines the territory of the Republic by reference to twenty-five administrative districts and territorial waters. Article 157A prohibits support for the establishment of a separate State within the territory of Sri Lanka, making territorial integrity a direct constitutional prohibition.
Provincial Councils
Arts. 154A–154TChapter XVIIA creates the constitutional framework for Provincial Councils. It provides for provincial institutions, Governors, membership, terms of office, Boards of Ministers, provincial statutes, assent, public-security controls, financial provisions, provincial High Courts and a Finance Commission.
Independent and service commissions
Arts. 41A, 103, 111D, 153A, 155AThe Constitution includes institutional checks through the Constitutional Council and several commissions. The Judicial Service Commission is constituted under Article 111D. The Audit Service Commission begins at Article 153A. The National Police Commission begins at Article 155A. Election administration is addressed through the Election Commission framework in Chapter XIV.
Constitutional amendment procedure
Arts. 82–84Article 82 regulates constitutional amendment or repeal and requires that the amendment or repeal be expressly stated. Article 83 requires approval by the People at a referendum for certain entrenched constitutional changes. Article 84 deals with Bills inconsistent with the Constitution.
These provisions make Sri Lanka’s constitutional amendment process a combination of parliamentary supermajority procedure and, for entrenched subjects, direct popular approval by referendum.
Supreme Court constitutional jurisdiction
Arts. 118–126The Supreme Court’s jurisdiction includes constitutional jurisdiction over Bills, interpretation of the Constitution, final appellate jurisdiction, consultative jurisdiction, election-petition jurisdiction, breach of parliamentary privilege and fundamental-rights jurisdiction. Article 120 addresses constitutional jurisdiction over Bills, while Article 126 is central to rights enforcement.
What is the Constitution of Sri Lanka?
It is the supreme constitutional law of the Democratic Socialist Republic of Sri Lanka. It establishes Sri Lanka as a free, sovereign, independent and democratic socialist republic and as a unitary state.
What type of state is Sri Lanka under the Constitution?
Article 2 states that the Republic of Sri Lanka is a unitary state. That remains the central constitutional classification even though Chapter XVIIA provides for Provincial Councils.
Who exercises executive power in Sri Lanka?
Under Article 4(b), executive power of the People, including defence, is exercised by the President elected by the People. Article 30 describes the President as Head of State, Head of the Executive and of the Government, and Commander-in-Chief.
How many members are in Sri Lanka’s Parliament?
Article 62 provides for a Parliament consisting of 225 Members elected in accordance with the Constitution. Unless sooner dissolved, Parliament continues for five years from its first meeting.
What does Article 9 say about Buddhism?
Article 9 gives Buddhism the foremost place and requires the State to protect and foster the Buddha Sasana, while assuring all religions the rights granted by Articles 10 and 14(1)(e).
How is the Constitution amended?
Article 82 governs amendment or repeal. Article 83 requires referendum approval for certain entrenched provisions, so some constitutional changes need both parliamentary and popular approval.