Constitution of Sri Lanka
1978
Excerpts from The Constitution of the Democratic Socialist Republic of
Sri Lanka
note : Dear Viewer, We were not able to find a full electronic
text of this constitution, we will update this page ASAP we get it ...
Excerpts from The Constitution of the Democratic Socialist Republic of
Sri Lanka
Chapter I - The People, The State and Sovereignty
Chapter II - Buddhism
Chapter III - Fundamental Rights
Chapter IV - Language
Chapter V - Citizenship
Chapter XIV - Franchise and Elections
Chapter XVI - The Superior Courts
Chapter XX - General
Chapter XXI - Transitional Provisions
First Schedule
Back to Main Page
--------------------------------------------------------
Excerpts from The Constitution of the Democratic Socialist Republic of
Sri Lanka
Certified on Aug. 31, 1978
The Constitution of the Democratic Socialist Republic of Sri Lanka
contains 172 Articles, 9 Schedules, and 14 Amendments (as of Feb. 1997).
In this document, only following Articles are included: 1, 2, 3, 5, 6,
7, 8, 9, 10, 11, 12, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 101, 138,
157, 161. In addition, Schedule 1 is also included.
Chapter I - The People, The State and Sovereignty
The State
1. Sri Lanka (Ceylon) is a free, Sovereign, Independent and Democratic
Socialist Republic and shall be known as the Democratic Socialist
Republic of Sri Lanka.
Unitary State
2. The Republic of Sri Lanka is a Unitary State.
Sovereignty of People
3. In the Republic of Sri Lanka sovereignty is in the people and is
inalienable. Sovereignty includes the powers of government, fundamental
rights and the franchise.
Territory of the Republic
5. The territory of the Republic of Sri Lanka shall consist of the
twenty-four administrative districts, the names of which are set out in
the First Schedule, and its territorial waters.
The National Flag
6. The National Flag of the Republic of Sri Lanka shall be the Lion Flag
depicted in the Second Schedule.
The National Anthem
7. The National Anthem of the Republic of Sri Lanka shall be "Sri Lanka
Matha," the words and music of which are set out in the Third Schedule.
The National Day
8. The National Day of the Republic of Sri Lanka shall be the fourth day
of February.
--------------------------------------------------------
Chapter II - Buddhism
Buddhism
9. The Republic of Sri Lanka shall give to Buddhism the foremost place
and accordingly it shall be the duty of the State to protect and foster
the Buddha Sasana, while assuring to all religions the rights granted by
Articles 10 and 14(1)(e).
-------------------------------------------------------
Chapter III - Fundamental Rights
Freedom of thought, conscience and religion
10. Every person is entitled to freedom of thought, conscience and
religion, including the freedom to have or to adopt a religion or belief
of his choice.
Freedom from torture
11. No person shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Right to equality
12.
(1) All persons are equal before the law and are entitled to the equal
protection of the law.
(2) No citizen shall be discriminated against on the grounds of race,
religion, language, caste, sex, political opinion, place of birth or any
such grounds:
Provided that it shall be lawful to require a person to acquire within a
reasonable time sufficient knowledge of any language as a qualification
for any employment or office in the Public, Judicial or Local Government
Service or in the service of any public corporation, where such
knowledge is reasonably necessary for the discharge of the duties of
such employment or office:
Provided further that it shall be lawful to require a person to have
sufficient knowledge of any language as a qualification for any such
employment of office where no function of that employment or office can
be discharged otherwise than with a knowledge of that language.
(3) No person shall, on the grounds of race, religion, language, caste,
sex or any one such grounds, be subject to any disability, liability,
restriction or condition with regard to access to shops, public
restaurants, hotels, places of public entertainment and places of public
worship of his own religion.
(4) Nothing in this Article shall prevent special provision being made,
by law, subordinate legislation or executive action, for the advancement
of women, children or disabled persons.
Freedom of speech, assembly, association, occupation, movement, &c
14.
(1) Every citizen is entitled to -
(a) the freedom of speech and expression including publication;
(b) the freedom of peaceful assembly;
(c) the freedom of association;
(d) the freedom to form and join a trade union;
(e) the freedom, either by himself or in association with others, and
either in public or in private, to manifest his religion or belief in
worship, observance, practice or teaching;
(f) the freedom by himself or in association with others to enjoy and
promote his own culture and to use his own language;
(g) the freedom to engage by himself or in association with others in
any lawful occupation, profession, trade, business or enterprise;
(h) the freedom of movement and of choosing his residence within Sri
Lanka; and
(i) the freedom to return to Sri Lanka.
(2) A person who, not being a citizen of any other country, has been
permanently and legally resident in Sri Lanka immediately prior to the
commencement of the Constitution and continues to be so resident shall
be entitled, for a period of ten years from the commencement of the
Constitution, to the rights declared and recognized by paragraph (1) of
this Article.
---------------------------------------------------
Chapter IV - Language
Official Language
18. The Official Language of Sri Lanka shall be Sinhala.
National Languages
19. The National Languages of Sri Lanka shall be Sinhala and Tamil.
Use of National Languages in Parliament and local authorities
20. A Member of Parliament or a member of a local authority shall be
entitled to perform his duties and discharge his functions in Parliament
or in such local authority in either of the National Languages.
Medium of instruction
21.
(1) A person shall be entitled to be educated through the medium of
either of the National Languages:
Provided that the provisions of this paragraph shall not apply to an
institution of higher education where the medium of instruction is a
language other than a National Language.
(2) Where one National Language is a medium of instruction for or a
course, department or faculty of any University directly or indirectly
financed by the State, the other National Language shall also be made a
medium of instruction for or in such course, department or faculty for
students who prior to their admission to such University, were educated
through the medium of such other National Language:
Provided that compliance with the preceeding provisions of this
paragraph shall not be obligatory if such other National Language is the
medium of instruction for or in any like course, department or faculty
either at any other campus or branch of such University or of any other
like University.
(3) In this Article "University" includes any institution of higher
education.
Language of administration
22.
(1) The Official Language shall be the language of administartion
throughout Sri Lanka:
Provided that the Tamil Language shall also be used as the language of
administration for the maintenance of public records and the transaction
of all business by public institutions in the Northern and Eastern
Provinces.
(2) A person, other than an official acting in his official capacity,
shall be entitled-
(a) to receive communications from, and to communicate and transact
business with, any official in his official capacity, in either of the
National Languages;
(b) if the law recognizes his right to inspect or to obtain copies of or
extracts from any official register, record, publication or other
document, to obtain a copy of, or an extract from such register, record,
publication or other document or a translation therof, as the case may
be, in either of the National Languages; and
(c) where a document is executed by any official for the purpose of
being issued to him, to obtain such document or a translation thereof,
in either of the National Languages.
(3) A local authority in the Northern or Eastern Province which conduct
its business in either of the National Languages shall be entitled to
receive communications from and to communicate and transact business
with, any official in his official capacity, in such national Language.
(4) All Orders, Proclamations, Rules, By-laws, Regulations and
Notifications made or issued under any written law, the Gazette, and all
other official documents including circulars and forms issued or used by
any public institution or local authority, shall be published in both
National Languages.
(5) A person shall be entitled to be examined through the medium of
either of the National Languages at any examination for the admission of
persons to the Public Service, Judicial Service, Local Government
Service, a public corporation or statutory institution, subject to the
condition that he may be required to acquire a sufficient knowledge of
the Official Language within reasonable time after admission to any such
service, public corporation or statutory institution where such
knowledge is reasonably necessary for the discharge of his duties:
Provided that a person may be required to have sufficient knowledge of
the Official Language as a condition for admission to any such service,
public corporation or statutory institution where no function of the
office or employment for which he is recruited can be discharged
otherwise than with a sufficient knowledge of the Official Language.
(6) In this Article -
"Official" means the President, any Minister, Deputy Minister, or any
officer of a public institution or local authority; and
"public institution" means a department or institution of the
Government, a public corporation or a statutory institution.
Language of legislation
23.
(1) All laws and subordinate legislation shall be enacted or made, and
published, in both National Languages together with a translation in the
English Language. In the event of any inconsistency between any two
texts, the text in the Official Language shall prevail.
(2) All laws and subordinate legislation in force immediately prior to
the commencement of the Constitution, shall be published in the Gazette
in both National Languages as expeditiously as possible.
(3) The law published in Sinhala under the provisions of paragraph (2)
of this Article, shall, as from the date of such publication, be deemed
to be the law and supersede the corresponding law in English.
Language of the courts
24.
(1) The Official Language shall be the language of the courts throughout
Sri Lanka and accordingly their records and proceedings shall be in the
Official Language:
Provided that the language of the courts exercising original
jurisdiction in the Northern and Eastern Provinces shall also be Tamil
and their records and proceedings shall be in the Tamil Language. In the
event of an appeal from any such court, records in both National
Languages shall be prepared for the use of the court hearing such
appeal:
Provided further that
(a) the Minister in charge of the subject of Justice may with the
concurrence of the Cabinet of Ministers, direct that the record of any
such court shall also be maintained and proceedings conducted in the
Official Language: and
(b) the record of any particular proceeding in such court shall also be
maintained in the Official Language if so required by the judge of such
court, or by any party or applicant or any person legally entitled to
represent such party or applicant in such proceedings where such judge,
party, applicant or person is not conversant with the Tamil Language.
(2) Any party or applicant or any person legally entitled to represent
such party or applicant may initiate proceedings, and submit to court
pleadings and other documents, and participate in the proceedings in
court, in either of the National Languages.
(3) Any judge, juror, party or applicant or any person legally entitled
to represent such party or applicant, who is not conversant with the
language used in a court, shall be entitled to interpretation and to
translation into the appropriate National Language, provided by the
State, to enable him to understand and participate in the proceedings
before such court, and shall also be entitled to obtain in either of the
National Languages, any such part of the record or a translation
thereof, as the case may be, as he may be entitled to obtain according
to law.
(4) The Minister in charge of the subject of Justice may, with the
concurrence of the Cabinet of Ministers, issue directions permitting the
use of a language other than a national Language in or in relation to
the records and proceedings in any court for all purposes or for such
purposes as may be specified therein. Every judge shall be bound to
implement such directions.
(5) In this Article -
"court" means any court or tribunal created and established for the
administration of justice including the adjudication and settlement of
industrial and other disputes, or any other tribunal or institution
exercising judicial or quasi-judicial functions or any tribunal or
institution created and established for the conciliation and settlement
of disputes;
"judge" includes the President, Chairman, presiding officer and member
of any court; and
"record" includes pleadings, judgements, orders and other judicial and
ministerial acts.
Provision for adequate facilities for the use of languages provided for
in this chapter
25. The State shall provide adequate facilities for the use of the
languages provided for in this Chapter.
---------------------------------------------------
Chapter V - Citizenship
Citizenship of Sri Lanka
26.
(1) There shall be one status of citizenship known as "the status of a
citizen of Sri Lanka."
(2) A citizen of Sri Lanka shall for all purposes be described only as a
"citizen of Sri Lanka," whether such person became entitled to
citizenship by descent or by virtue of registration in accordance with
the law relating to citizenship.
(3) No distinction shall be drawn between citizens of Sri Lanka for any
purpose by reference to the mode of acquisition of such status, as to
whether acquired by descent or by virtue of registration.
(4) No citizen of Sri Lanka shall be deprived of his status of a citizen
of Sri Lanka, except under and by virtue of the provisions of sections
19, 20, 21 and 22 of the Citizenship Act:
Provided that the provisions of sections 23 and 24 of that Act shall
also be applicable to a person who became entitled to the status of a
citizen of Sri Lanka by virtue of registration under the provisions of
section 11, 12 or 13 of that Act.
(5) Every person who immediately prior to the commencement of the
Constitution was a citizen of Sri Lanka, whether by descent or by virtue
of registration in accordance with any law relating to citizenship,
shall be entitled to the status and to the rights of a citizen of Sri
Lanka as provided in the preceeding provisions of this Article.
(6) The provisions of all existing written laws relating to citizenship
and all otehr existing written laws wherein reference is made to
citizenship shall be read subject to the preceeding provisions of this
Article.
--------------------------------------------------
Chapter XIV - Franchise and Elections
Parliament may make provision in respect of elections
101.
(1) The Parliament may by law make provisions for -
(a) the registration of electors:
(b) the prescribing of a qualifying date on which a person should be
resident in any electoral district to be entered in the register of
electors of that electoral district;
(c) the prescribing of a qualifying date on which a person should have
attained the age of eighteen years to qualify for the purposes of
registration as an elector;
(d) the preparation and revision of registers of electors;
(e) the procedure for the election of Members of Parliament;
(f) the creation of offences relating to such elections and the
punishment therefor;
(g) the grounds for avoiding such elections, and where an election has
been held void the manner of holding fresh elections;
(h) the form and manner in which vacancies shall be filled when all the
candidates whose names appearing in the nomination paper of a recognized
political party or independent group have been exhausted by election or
otherwise; and
(i) the manner of determination of disputed elections and such other
matters as are necessary or incidental to the election of Members of
Parliament:
Provided that no such law shall add to the disqualifications specified
in Articles 89 and 91.
(2) Until Parliament by law makes provision for such matters, the Ceylon
(Parliamentary Elections) Order in Council, 1946 as amended from time to
time, shall, subject to the provisions of the Constitution, mutatis
mutandis, apply.
-------------------------------------------------------
Chapter XVI - The Superior Courts
The Court of Appeal
Jurisdiction of the Court of Appeal
138.
(1) The Court of Appeal shall have and exercise subject to the
provisions of the Constitution or of any law, an appelate jurisdiction
for the correction of all errors in fact or in law which shall be
committed by any Court of First Instance, tribunal or other institution
and sole and exclusive cognizance, by way of appeal, revision and
restituto in integrum, of all causes, suits, actions, prosecutions,
matters and things of which such Court of First Instance, tribunal or
other institution may have taken cognizance:
Provided that no judgement, decree or order of any court shall be
reversed or varied on account of any error, defect or irregularity,
which has not prejudiced the substantial rights of the parties or
occasioned a failure of justice.
(2) The Court of Appeal shall also have and exercise all such powers and
jurisdiction, appellate and original, as Parliament may by law vest or
ordain.
-------------------------------------------------
Chapter XX - General
International Treaties and Agreements
157. Where Parliament by resolution passed by not less than two-thirds
of the whole number of Members of Parliament (including those not
present) voting in its favor, approves as being essential for the
development of the national economy, any Treaty or Agreement between the
Government of Sri Lanka and the Government of any foreign State for the
promotion and protection of the investments in Sri Lanka of such foreign
State, its nationals, or of corporations, companies and other
associations incorporated or constituted under its laws, such Treaty or
Agreement shall have the force of law in Sri Lanka and otherwise than in
the interests of national security no written law shall be enacted or
made, and no executive or administrative action shall be taken, in
contravention of the provisions of such Treaty or Agreement.
----------------------------------------------------
Chapter XXI - Transitional Provisions
First Parliament
161. Notwithstanding anything to the contrary in any other provision of
the Constitution -
(a) the first Parliament shall consist of one hundred and sixty-eight
members, and subject to the suceeding provisions of this Article, all
persons who immediately before the commencement of the Constitution were
members of the National Satate Assembly shall be deemed to have been
elected as Members of Parliament;
(b)
(i) if the election, as a Member of the National State Assembly, of a
person deemed to have been elected to the first Parliament is declared
void under the law for the time being in force and no other person is
determined to habe been duly returned or elected, the seat of such
Member shall be vacant, and an election to the electoral district as
existing immediately prior to the commencement of the Constitution,
shall be held in accordance with the law relating to elections to the
National State Assembly in force immediately before the commencement of
the Constitution and on the basis of the register of electors applicable
to such electoral district which was operative on the day immediately
preceding the commencement of the Constitution;
(ii) the law applicable to election petitions in relation to an election
held as provided in sub-paragraph (i) shall be the law in force upon the
commencement of the Constitution and in the event of such an election
being declared void the provisions of sub-paragraph (i) shall, mutatis
mutandis, apply;
(c) if the election as a Member of the National State Assembly of a
person who is deemed to have been elected to the first Parliament is
declared void or undue and any other person is determined to have been
duly returned or elected such other person shall be deemed to have been
duly elected as a Member of the first Parliament;
(d)
(i) where immediately before the commencement of the Constitution there
was a vacancy in the membership of the National State Assembly or where
a vacancy in the membership of the first Parliament occurs otherwise
than under the provisions of paragraph (b) of this Article, such vacancy
shall be filled in the manner provided in sub-paragraph (iii) hereof;
(ii) where a Member ceases by resignation, expulsion or otherwise to be
a member of the recognized political party to which he belonged upon the
commencement of the Constitution, his seat shall become vacant upon the
expiration of one month from the date he ceased to be a member of such
party. The Secretary of such party shall, in every case where a Member
ceases to be a member of such party, forthwith but in any event not
later than three days from the date of the Member so ceasing to be a
member of such party, inform the Secretary-General of Parliament of the
fact and date thereof:
Provided, however, that in the case of the expulsion of a Member the
provisions of the proviso to paragraph (13)(a) of Article 99 shall,
mutatis mutandis, apply;
(iii) where a vacancy as is referred to in sub-paragraph (i) or (ii) has
occured, the Secretary-General of Parliament shall forthwith inform the
Commissioner of Elections of such vacancy. The Commissioner of Elections
shall thereupon require the Secretary of the political party to which
such member belonged to nominate a member of such party to fill such
vacancy. Upon the receipt of such nomination the Commissioner shall
declare such person to be the Member for the electoral district in
respect of which vacancy occured;
(e) unless sooner dissolved, the first Parliament shall continue for six
years from August 4, 1977, and no longer, and the expiry of the
aforesaid period of six years shall operate as a dissolution of
Parliament, and the provisions of Article 70 (5)(b) shall apply.
-------------------------------------------------------
The Constitution of the Democratic Socialist Republic of Sri Lanka
First Schedule
Article 5
Names of Administrative Districts
1. Colombo
2. Gampaha
3. Kalutara
4. Kandy
5. Matale
6. Nuwara Eliya
7. Galle
8. Matara
9. Hambantota
10. Jaffna
11. Mannar
12. Vavuniya
13. Mullaitivu
14. Batticaloa
15. Ampara
16. Trincomalee
17. Kurunegala
18. Puttalam
19. Anuradhapura
20. Polonnaruwa
21. Badulla
22. Moneragala
23. Ratnapura
24. Kegalle
