Sri Lanka Draft Constitution - Chapters 1 to 6

Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

Home

Whats New

Trans State Nation

One World

Unfolding Consciousness

Comments

Search

Chandrika's 'Devolution Proposals'

Sri Lanka Draft Constitution - March 1997

The People, the State and Sovereignty

1. Sri Lanka is a Sovereign Republic and shall be known as the Republic of Sri Lanka. The Republic of Sri Lanka shall be an indissoluble Union of Regions.

2. (1) The territory of the Republic shall consist of Regions, the names, boundaries and areas of which are set out in the First Schedule, the Capital Territory and its territorial waters.

(2) No Regional Administration or Regional Administrations shall attempt, by direct or indirect means, to promote or otherwise advocate an initiative towards

Provided that nothing in this paragraph shall be read and construed as prohibiting a Regional Administration from making representations to the Central Government regarding the matters referred to in sub- paragraph (c) of this paragraph.

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 and shall be exercised and enjoyed in the following manner -

4. The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Third Schedule.

5. 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 Fourth Schedule.

6. The National Day of the Republic of Sri Lanka shall be the fourth day of February.

** Chapter I is subject to final approval by the Parliamentary Select Committee on the Constitution.

Buddhism

7. (1) 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 guaranteeing to all religions the rights granted by Articles 15 (1) and 15 (3).

(2) The State shall consult the Supreme Council in all matters pertaining to the protection and fostering of the Buddha Sasana.

(3) For the purpose of this Article ``Supreme Council'' means a Council established by law in consultation with the Maha Sangha.

Fundamental Rights and Freedoms

8. Every person has an inherent right to life and no person shall be intentionally or arbitrarily deprived of his life.

9. (1) No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(2) No restriction shall be placed on the right declared and recognised by this Article.

Freedom from arbitrary arrest, detention and punishment and prohibition of retroactive penal legislation

10. (1) No person shall be imprisoned or otherwise physically restrained except in accordance with procedure prescribed by law.

(2) No person shall be arrested except by an authorised officer acting in accordance with procedure prescribed by law under a warrant issued by a judicial officer causing such person to be apprehended and brought before a competent court:

Provided that any person authorised so to do by any law may, in the manner, and in the circumstances, prescribed by law, arrest any person without such a warrant.

(3) Any person arrested shall at the time of arrest be informed, in a language which he appears to understand, of the reason for his arrest and of his rights under paragraphs (4) and (5) of this Article.

Provided that such person, if he so requests, shall be informed in writing of the reasons of his arrest within a reasonable time.

(4) Any person arrested shall have the right to communicate with any relative or friend of his choice, and, if he so requests, such person shall be afforded means of communicating with such relative or friend.

(5) Any person arrested shall have the right to consult and retain an Attorney-at-Law shall be afforded all reasonable facilities by the State.

(6) Any person arrested shall not be detained in custody or confined for a longer period than under all the circumstances of the case is reasonable, and shall, in every case be brought before the judge of a competent court within twenty-four hours of the arrest, exclusive of the time necessary for the journey from the place of arrest to such judge, and no person shall be detained in custody beyond such period except upon, and in terms of the order of such judge.

(7) (a) Any person detained in custody or confined who is entitled, under the provisions of any law, to be released on bail or on his executing a bond, shall be so released.

(b) The amount of bail and the amount of every such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(8) Any person suspected of committing an offence shall be charged or indicted or released, without unreasonable delay.

(9) Any person charged with an offence shall be entitled to be heard in person or by any Attorney-at-Law of his own choosing and shall be so informed by the judge.

Provided that a judge may, in his discretion, whenever he considers it necessary, in proceedings relating to sexual matters, or where the interests of juveniles so require, or in the interests of national security or public order necessary in a democratic society or in the interests of order and security within the precincts of such court, exclude therefrom such persons as are not directly interested in the proceedings.

Provided that burden of proving particular facts may, by law, be placed on the accused.

(12) No person shall be compelled to testify against himself or to confess guilt.

(13) No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time when such offence was committed:

Provided that nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which at the time when it was committed, was criminal according to the general principles of law recognised by the community of nations.

(14) Any person who has once been tried by a competent court for an offence and convicted or acquitted of such offence shall not be liable to be tried for the same offence.

(15) No person shall be punished with death or imprisonment except by order of a competent court in accordance with law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial shall, if not unreasonable having regard to the circumstances, not constitute punishment:

Provided that the arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reason of a removal order or a deportation order made under the provisions of the Immigrants and Emigrants Act or the Indo-Ceylon Agreement Implementation Act No. 14 of 1967 or other such law as may be enacted in substitution therefor, shall not be a contravention of this Article.

(16) All persons deprived of their liberty shall be treated with humanity and respect for the inherent dignity of the human person.

(17) No restriction shall be placed on the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or for the purpose of securing due recognition and respect for the rights and freedoms of others.

11. (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 or other opinion, place of birth or any one of such grounds:

Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any national language as a qualification for employment or office in the Public Service, Judicial Service, Regional Public Service or Local Government service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of such employment or office:

Provided further that it shall be lawful to require a person to have a sufficient knowledge of any language as a qualification for any such employment or 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, political or other opinion, place of birth or any one of 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 measures being taken by law, subordinate legislation or executive action where necessary for the sole purpose of the protection or advancement of disadvantaged or underprivileged individuals or groups including those that are disadvantaged or underprivileged because of race, sex, age or mental or physical disability.

(5) No restriction shall be placed on the exercise of the rights declared and recognised by this article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or the protection of public health or for the purpose of securing due recognition and respect for the rights and freedoms of others.

12. (1) Every person lawfully resident within Sri Lanka is entitled to the freedom of movement within Sri Lanka and of choosing his residence within Sri Lanka.

(3) No restrictions shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security or public order or national economy or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

Right to private and family life. 14. (1) Every person has the right to respect his private and family life, his home and his correspondence and communications and shall not be subjected to unlawful attacks on his honour and reputation. (2) No restrictions shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or national economy or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

15. (1) 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.

(2) No restrictions shall be placed on the rights declared and recognised by paragraph (1) of this Article.

(3) Every person is entitled to 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 and teaching.

(4) No restrictions shall be placed on the rights declared and recognised by paragraph (3) of this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, or for securing due recognition and respect for the rights and freedoms of others.

Freedom of speech and expression including publication and freedom of information.

16. (1) Every person is entitled to the freedom of speech and expression including publication. This right shall include the freedom to hold opinions and to receive and impart information and ideas either orally, in writing, in print, in the form of art, or through any other medium.

(2) No restrictions shall be placed on the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, the protection of public health or morality, racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement of an offence or for securing due recognition and respect for the rights and freedoms of others.

(2) No restrictions shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by or under any law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony, the protection of public health or for the purpose of securing the due recognition and respect for the rights and freedoms of others.

(3) No restrictions shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony, national economy or for securing due recognition and respect for the rights and freedoms of others.

19. (1) Every citizen is entitled by himself or in association with others to enjoy and promote his own culture and to use his own language.

(2) No restriction shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

Freedom to engage in any lawful trade, occupation, profession, business or enterprise.

20. (1) Every citizen is entitled to the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise.

(2) No restriction shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of the national economy, national security, public order, protection of public health or morality, the environment or for securing due recognition and respect for the rights and freedoms of others or in relation to -

(a) The professional, technical, academic, financial and other qualifications necessary for practising any profession or carrying on any occupation, trade business or enterprise, and the licensing and disciplinary control of the person entitled to such fundamental right; and

(b) The carrying on by the State, a State agency or a public corporation of any trade, business, industry, service or enterprise, whether to the exclusion, complete or partial, of citizens or otherwise. Right to own property. 21. (1) Every citizen is entitled to own property alone or in association with others.

(2) No person shall be deprived of his property except according to procedure established by law. No property shall be compulsorily acquired or requisitioned save for a public purpose or for reasons of public utility or public order and save by authority of a law which provides for the payment of fair compensation.

Operation of certain fundamental rights in their application to armed forces to be subject to restrictions prescribed by law.

22. The exercise and operation of the fundamental rights declared and recognised by Article 10, 11, 12, 14, 15(3), 16, 17 and 18 shall in their application to the armed forces, the police force and other forces charged with the maintenance of public order be subject to such restrictions as may be prescribed by or under any law in the interests of the proper discharge of their duties and the maintenance of discipline among them.

23. (1) In time of public emergency the existence of which is duly proclaimed, subject to paragraphs (2) and (3), measures may be prescribed by law derogating from the exercise and operation of the fundamental rights declared and recognised in this Chapter to the extent strictly required by the exigencies of the situation and necessary in a democratic society, provided that such measures do not involve discrimination solely on the grounds of race, class, religion, gender, language, caste, national or social origin. For the purpose of this Article ``law'' includes regulations made under the law for the time being in force relating to public security.

(2) There shall be no derogation from any of the rights declared and recognised by Articles 8, 9, 10(1), 10(2), 10(10), 12, 13 and 15.

(3) There shall be no derogation from the right declared and recognised by Article 10 (6) unless at the same time legal provision is made requiring -

(ii) The person arrested to be produced before such Magistrate within such time as is reasonable in all the circumstances of the case.

24. All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the provisions of this Chapter.

25. The subjection of any person on the order of a court to any form of punishment recognised by any written law shall not be a contravention of the provisions of this Chapter.

26. Every person shall be entitled to apply to the Supreme Court as provided by Article 168 in respect of the infringement or imminent infringement, by State action, including executive or administrative action, of a fundamental right to which such person is entitled under the provisions of this Chapter, or by judicial action by courts exercising original criminal jurisdiction, of a fundamental right to which such person is entitled under Article 10:

Provided that where the person aggrieved is unable or incapable of making an application under Article 168 by reason of physical, social or economic disability or other reasonable cause, and application may be made on behalf of such a person, by any relative or friend of such person if the person aggrieved, raises no objection to such application:

Provided further that an application under this Article may be made, in the public interest, on behalf of any person or persons aggrieved, by any other person or by any incorporated or unincorporated body of persons.

Language

28. The national languages of Sri Lanka shall be Sinhala, Tamil and English.

29. A Member of Parliament or a Member of a Regional Council or a member of a local authority shall be entitled to perform his duties and discharge his functions in Parliament or in such Regional Council or local authority in any of the National Languages.

30. (1) Sinhala and Tamil shall be the languages of administration throughout Sri Lanka.

(2) Sinhala shall be the language used for the maintenance of public records by public institutions, Regional Councils and local authorities in all the Regions of Sri Lanka other than the northern and eastern regions where Tamil shall by used.

(3) Sinhala and Tamil shall be used as the languages for the maintenance of public records by public institutions, Regional Councils or local authorities in any area comprising a division of a divisional secretary where the Sinhala or Tamil linguistic minority, as the case may be, in such area exceeds one fifth of the total population of that area.

(4) In any area where Sinhala is used as a language for the maintenance of public records, a person shall be entitled -

(a) To receive communication from and to communicate and transact business with, any official in his official capacity, in either Tamil or English and to receive a response to such communication from such official in the language in which he communicated.

(b) If the law recognises 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 thereof, as the case may be, in either Tamil or English;

(c) Where a document is executed by an official for the purpose of being issued to him, to obtain such document or a translation thereof, in either Tamil or English;

(d) To give information as regards any birth, death or marriage or with regard to the commission of an offence to a Police or peace officer in either Tamil or English.

31. In any area where Tamil is used as a language for the maintenance of public records, a person shall be entitled to exercise the rights and to obtain the services referred to in sub-paragraphs (a), (b), (c) and (d) of paragraph (4) of Article 30 in Sinhala or English.

32. A Regional Council or local authority which conducts its business in Sinhala shall be entitled to receive communications from and to communicate and transact business with any official, in his official capacity, in Sinhala, and a Regional Council or a local authority which conducts its business in Tamil shall be entitled to receive communications form and to communicate and transact business with, any official in his official capacity, in Tamil:

Provided, however, that a Regional Council, local authority, public institution or any official receiving communications from or transacting business with any other Regional Council, local authority, public institution or any official functioning in an area in which a different language is used as the language of administration shall be entitled to receive communications from and to communicate and transact business in English.

33. A person shall be entitled to be examined through the medium of either Sinhala or Tamil or English at any examination for the admission of persons to the Public Service, Judicial Service, Regional Public Service, Local Government Service or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of Tamil or Sinhala, as the case may be, within a reasonable time after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of his duties:

Provided that a person may be required to have a sufficient knowledge of Sinhala or Tamil or English as a condition for admission to any such service or public institution where no function of the office or employment for which he is recruited can be discharged otherwise than with a sufficient knowledge of such language.

34. All laws and subordinate legislation shall be enacted in Sinhala, Tamil and English.

In the event of any inconsistency between such texts, each text shall be regarded as equally authoritative unless parliament shall otherwise provide at the stage of enactment of any law.

35. All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law other than by a Regional Council or a local authority, and the Gazette shall be published in Sinhala, Tamil and English.

36. All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by a Regional Council or a local authority, and all documents, including circulars and forms issued by any such body or any public institution shall be published in the language used as the language of record in the respective areas in which they function, together with a translation thereof in English.

37. All laws and subordinate legislation in force immediately prior to the commencement of the Constitution, shall be published in the Gazette in Sinhala and Tamil as expeditiously as possible.

39. Sinhala shall be used as the language of the record and proceedings in courts situated in all the areas of Sri Lanka except in the Northern and Eastern Regions. In the event of any appeal from any court, the record shall also be prepared in the language of the court hearing the appeal, if the language of such court is other than the language used by the court from which the appeal is preferred:

Provided that the Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers direct that the record of any court shall also be maintained and the proceedings conducted in a national language other than the language of the court.

40. 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 Sinhala, Tamil or English.

41. Any judge, juror, party or applicant or any person legally entitled to represent such party or applicant, who is now conversant with the language used in a court shall be entitled to provided by the State with interpretation and to translation into Sinhala, Tamil or English, to enable him to understand and participate in the proceedings before such court, and shall also be entitled to obtain in such language 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.

42. The Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers, issue directions permitting the use of English 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:

Provided that every judge may at the request of the parties to any proceedings use English in relation to the records and proceedings where the use of such language would facilitate the expeditious conclusion of such proceedings.

43. A person shall be entitled to be educated through the medium of either Sinhala or Tamil and if facilities are available, through the medium of English.

44. A person shall be entitled to be instructed in any course, department or faculty of any university in any national language of his choosing if instruction in such language at such University is reasonably practicable.

Use of one national language where medium of instruction is another national language.

45. Where one national language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other national languages shall also be made media 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 preceding 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.

46. The State shall provide adequate facilities for the use of the languages provided for in this Chapter.

47. In the event of any inconsistency between the provisions of any law and the provisions of this Chapter, the provisions of this Chapter shall prevail.

``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 a member of any court;

``official'' means the President, any Minister, Deputy Minister, Governor, Chief Minister or Minister of the Board of Ministers of a region, or any officer of a public institution, local authority or Regional Council;

``public institution'' means a department or institution of the government, a public corporation or statutory institution;

``record'' includes pleadings, judgements, orders and other judicial and ministerial acts; and

Citizenship

49. (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 or by the operation of any law.

(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 or by the operation of any law.

(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 or by the operation of any law, shall be entitled to the status and to the rights of a citizen of Sri Lanka as provided in the preceding provisions of this Article.

(6) The provisions of all existing written law relating to citizenship and all other existing written laws wherein reference is made to citizenship shall be read subject to the preceding provisions of this article.

Directive Principles of State Policy and
Fundamental Duties

50. The following principles shall guide the state in making laws and the governance of Sri Lanka-

(a) The State shall strengthen national unity recognising the plural and multi-ethnic character of Sri Lankan society and by promoting co- operation and mutual trust, confidence and understanding among all sections of the people of Sri Lanka.

(b) The State shall assist the development of the cultures and languages of the people.

(c) The State shall safeguard and strengthen the democratic structure of government and the democratic rights of the people.

(d) The State shall establish a just, equitable and moral social order the objectives of which include-

(ii) Securing and protecting effectively a social order in which social, economic and political justice shall inform all institutions of national life;

(iii) The elimination of economic and social privileges, disparity and exploitation;

(iv) The equitable distribution of the material resources of the community and the social product;

(v) The realisation of an adequate standard of living for all citizens and their families including adequate food, clothing, housing and medical care;

(vii) Raising the moral, cultural and educational standards of the people and facilitating the full development of the human personality;

(viii) The creation of the necessary economic and social environment to enable people of all religious faiths to make a living reality of their religious principles.

(e) The State shall develop the whole country by means of appropriate public and private economic activity.

(f) The State shall protect and preserve and improve the environment and safeguard the reefs, shores, forests, lakes, watercourses and wildlife of Sri Lanka.

(g) The State shall protect and preserve every monument or place or object of artistic or historic interest declared by or under law to be of national importance.

(h) The State shall promote international peace, security and co- operation, and the establishment of a just and equitable international economic and social order, and shall respect, and foster respect for, international law and treaty obligations in dealings with and among nations.

(i) The State shall strengthen, respect and foster respect for, international instruments relating to human rights and humanitarian law to which Sri Lanka is a signatory.

(g) safeguard and preserve artistic or historical objects and places of national importance;

52. (1) The provisions of this Chapter do not confer or impose legal rights or obligations, and are not enforceable in any court or tribunal. No question of inconsistency with such provisions shall be raised in any court or tribunal.