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Sri Lanka Government Institutions
The 1978 Constitution changed the country's formal name from
the Republic of Sri Lanka to the Democratic Socialist Republic of
Sri Lanka and established a presidential form of government
similar to that operating in France under the Fifth Republic. The
document contains 172 articles divided into 24 chapters. Like the
1972 constitution, it recognizes the special status of the
Buddhist religion (assuring it, again, "foremost place" while
guaranteeing the freedom of other religious communities). It
differs from its predecessor, however, in granting "national"
status to the Tamil as well as Sinhala language although only
Sinhala is recognized as the "official" language. The language
provisions permit the use of Tamil in administrative business in
Northern and Eastern provinces and allow applicants for
government employment to use either Tamil or Sinhala in the
examination process (though knowledge of Sinhala might be
required subsequent to induction into the civil service). In
February 1983, Jayewardene announced that English would be
recognized as a third national language.
The Constitution recognizes and guarantees a broad range of
fundamental rights including: freedom of thought and conscience;
religious freedom; freedom from discrimination on the basis of
race, religion, sex, or caste; freedom of speech; basic legal
protection including freedom from arbitrary arrest or detention;
freedom to engage in any lawful occupation; and freedom of
movement and travel. These rights are guaranteed to stateless
persons resident in Sri Lanka for ten years following
promulgation of the Constitution. Exercise of the fundamental
rights, however, can be restricted in situations where national
security is at risk or when the otherwise legal actions of
persons (such as speech or publication) detract from racial or
religious harmony or endanger "public health and morality."
The Constitution contains a section devoted to directive
principles of state policy. These encompass a broad range of
policy goals, including the establishment of a "democratic
socialist society" and a just distribution of wealth; economic
development; and the raising of cultural and educational
standards. The directive principles also include a commitment to
decentralizing the country's administration and promoting
national unity by eliminating all forms of discrimination. The
duties of citizens (including the fostering of national unity)
are also enumerated.
Amendment of the Constitution requires the vote of two-thirds
of Parliament. In addition, measures that affect "the
independent, unitary, and democratic nature of the state," the
Buddhist religion, fundamental rights, or the length of the term
of office of president or Parliament must be approved by a
popular referendum. Bills judged "inconsistent with the
Constitution" cannot become law unless two-thirds of Parliament
approve, but such bills can be repealed by a simple majority
vote.
With its five-sixths majority in Parliament following the
July 1977 general election, the UNP government of Jayewardene was
able to pass a number of controversial constitutional amendments
over the objections of the opposition. Some political
commentators have suggested that such measures as the Fourth
Amendment (December 1982), which extended the life of Parliament
for six years, or the Sixth Amendment (August 1983), which
obliged members of Parliament to renounce support for separatism,
were designed not to strengthen democratic institutions but to
prolong the UNP's monopoly of power.
Data as of October 1988
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