Chapter 2. Government and the Constitution of Sri Lanka

Constitutionalism means that government power is limited by a constitution. A constitution sets out the structure of government, citizens’ rights and the way laws are made and changed [1][2].

Institutions and systems

Separation of powers among legislature, executive and judiciary; checks and balances.

Presidential systems separate the elected head of government from the legislature; parliamentary systems make the government depend on the legislature’s confidence; semi-presidential (mixed) systems combine features [2].

Unitary states keep power central; federal states share it with regional units.

Electoral systems: first-past-the-post, proportional representation (PR) and mixed systems [2].

Sri Lanka: key constitutional facts [5][6]

Sri Lanka became independent on 4 February 1948 as a dominion. The first republican constitution came in 1972, and the present Constitution of the Democratic Socialist Republic of Sri Lanka was adopted in 1978 [5].

The 1978 Constitution created an executive presidency: the President is head of state, head of government and commander-in-chief, elected by the people. Parliament is unicameral, with 225 members elected by proportional representation by district, with 29 seats allocated from national lists [5].

Chapter III guarantees fundamental rights, including equality before the law, freedom of expression and freedom of thought and religion; the Supreme Court hears fundamental-rights petitions [5].

The 13th Amendment (1987) created Provincial Councils and made Tamil an official language alongside Sinhala, with English as a link language [5][6].

Later amendments have changed the balance of power between President and Parliament, for example the 19th Amendment (2015) and the 21st Amendment (2022). Check current provisions in the Constitution as amended [5].

The judiciary includes the Supreme Court, Court of Appeal, High Courts and lower courts, and a mixed legal system in which Roman-Dutch law forms the common law, along with customary and personal laws [5].

Local government includes municipal councils, urban councils and Pradeshiya Sabhas.

Elections and parties. Elections to choose the President, Parliament and local bodies are overseen by the Election Commission. Political debate has included questions of the executive presidency, devolution of power, language rights and reconciliation [5][6].

Review: How many members does Sri Lanka’s Parliament have? (Answer: 225.)