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词条 Constitution of Sri Lanka
释义

  1. Former constitutions of Sri Lanka

  2. Background to the 1978 Constitution

  3. Provisions for amendment

     Amendments to date 

  4. References

  5. External links

{{Infobox document
| document_name= Constitution of the Democratic Socialist Republic of Sri Lanka
| italic_title= no
| image= Page 1 1978 constitution SL.png
| image_width= 230px
| image_caption= Page one of the 1978 Constitution
| date_created=
| date_ratified= 31 August 1978
| date_effective= {{Start date and age|df=yes|1978|09|7}}
| location_of_document=
| writer= 8th Parliament of Sri Lanka
| signers=
| purpose= To replace the Sri Lankan Constitution of 1972
| amendments= 19
}}{{Politics of Sri Lanka}}

The Constitution of the Democratic Socialist Republic of Sri Lanka ({{lang-si|ශ්‍රී ලංකා ආණ්ඩුක්‍රම ව්‍යවස්ථාව|Śrī Laṃkā āndukrama vyavasthāva}}, {{lang-ta|இலங்கை அரசியலமைப்பின்|Ilaṅkai araciyalamaippiṉ}}) has been the constitution of the island nation of Sri Lanka since its original promulgation by the National State Assembly on 7 September 1978. {{As of|May 2015}} it has been formally amended 19 times.

It is Sri Lanka's second republican constitution, replacing the Sri Lankan Constitution of 1972, its third constitution since the country received autonomy within the British Commonwealth as the Dominion of Ceylon in 1948, and its fourth constitution overall.

Former constitutions of Sri Lanka

Donoughmore Constitution
{{Main|Donoughmore Constitution}}
Soulbury Constitution
{{Main|Soulbury Constitution}}

Under the Soulbury Constitution which consisted of The Ceylon Independence Act, 1947 and The Ceylon (Constitution and Independence) Orders in Council 1947, Sri Lanka was then known as Ceylon.[1] The Soulbury Constitution provided a parliamentary form of Government for Ceylon and for a Judicial Service Commission and a Public Service Commission. Minority rights were safeguarded by Article 29(2) of the Constitution. The Governor-General (The Representative of the Monarch of Ceylon who was also the Monarch of the United Kingdom ), the Senate and the House of Representatives exercised legislative power. The House of Representatives consisted of 101 Members, of which 95 were elected by universal suffrage and 6 were nominated by the Governor-General. That total number was increased to 151 by the 1959 Delimitation Commission and the term of the House was 5 years[2]

The S. W. R. D. Bandaranaike Government set up a Joint Select Committee of the Senate and the House of Representatives to consider a revision of the Constitution on 10 January 1958 but the Committee was unable to come to a final conclusion on account of the propagation of Parliament on 23 May 1959.[3] A similar attempt by the Dudley Senanayake Government was failed due to such a propagation on 22 June 1968 too.[4] The Senate consisted of 30 Members (elected 15 by the House and 15 by the Governor -General) was abolished on 2 October 1971.

Amendments

  • 29 of 1954 on 06.07.1954 to amend section 29(2) to enable enactment of Act Nos.35 & 36 of 1954
  • 35 of 1954 on 16.07.1954 to increase the number of Members to 105 for a specified period and to terminate the services of the then existing Delimitation Commissioners.
  • 36 of 1954 on 16.07.1954 to make provision for the election of Members of the House of Representatives to represent persons registered as citizens of Ceylon under the Indian and Pakistani Residents (Citizenship) Act No.3 of 1949.
  • 4 of 1959 on 06.02.1959 to appoint a Delimitation Commission; to amend section 47 regarding delegation of power to Parliamentary Secretaries and to repeal Act Nos. 35 &36 of 1954.
  • 71 of 1961 on 30.12.1961 to include "Election judge" under section 55.
  • 8 of 1964 on 12.03.1964 to place the post of Commissioner of Elections in the Constitution and to make financial provision to conduct elections.
  • 29 of 1970 on 18.11.1970 to permit public officers (other than those in specified categories) to contest elections, and to make them eligible to be elected or nominated to the Senate.
  • 36 of 1971 on 02.10.1971 to abolish the Senate.[5]
Republican Constitution
{{Main|Sri Lankan Constitution of 1972}}Sirimavo Bandaranaike came to office as the world's first Woman Prime Minister in May 1970.[6] Her United Front Government used the parliament as a Constituent Assembly and drafted a new Republican Constitution. It was promulgated on 22 May 1972. This Constitution provided for a unicameral legislature named the National State Assembly with a term of office of 6 years and Sovereignty was entirely vested in it. A nominal President with a term of office of 4 years was appointed as the Head of State by the Prime Minister, Head of the Cabinet of Ministers responsible to the National State assembly. Ceylon was replaced by republic of Sri Lanka (Resplendent Island). this constitution contained a declaration of fundamental rights and freedom was amended on 11 February 1 975 to change the basis of delimitation of constituencies from 75,000 persons per electorate to 90,000 persons.[7] J. R. Jayewardene who came to office in July 1977 with a five-sixths majority passed the second amendment to the 1972 Constitution on 4 October 1977 and then Prime Minister Jayawardene became the first Executive President of Sri Lanka on 4 February 1978.[8]

Background to the 1978 Constitution

Before the 1977 general election the UNP had sought a mandate from the people to adopt a new constitution. Accordingly, a select committee was appointed to consider the revision of the existing Constitution.

The new Constitution, promulgated on 7 September 1978, provided for a unicameral parliament and an Executive President. The term of office of the president and the duration of parliament were both set at six years. The new Constitution also introduced a form of multi-member proportional representation for elections to parliament, which was to consist of 196 members (subsequently increased to 225 by the Fourteenth Amendment to the Constitution).

The Constitution provided for an independent judiciary and guaranteed fundamental rights, providing for any aggrieved person to invoke the Supreme Court for any violation of his or her fundamental rights. The Constitution also provided for a Parliamentary Commissioner for Administration (Ombudsman) who could investigate public grievances against government institutions and state officers and give redress. It also introduced anti-defection laws, and referendums on certain bills and on issues of national importance.

Provisions for amendment

Most provisions of the Constitution of Sri Lanka can be amended by a two-thirds majority in parliament. However, the amendment of certain basic features such as the clauses on language, religion, and reference to Sri Lanka as a unitary state require both a two-thirds majority and approval at a nationwide referendum.

Amendments to date

AmendmentDateDescription
First Amendment20 November 1978Dealing with jurisdiction of the Court of Appeal
Second Amendment26 February 1979Dealing with resignations and expulsion of Members of the First Parliament
Third Amendment27 August 1982To enable the President to seek re-election after 4 years; vacation of office of President
Fourth Amendment23 December 1982Extension of term of first Parliament
Fifth Amendment25 February 1983To provide for by-election when a vacancy is not filled by the party
Sixth Amendment8 August 1983Prohibition against violation of territorial integrity
Seventh Amendment4 October 1983Dealing with Commissioners of the High Court and the creation of Kilinochchi District
Eighth Amendment6 March 1984Appointment of President's Counsel
Ninth Amendment24 August 1984Relating to public officers qualified to contest elections
Tenth Amendment6 August 1986To repeal section requiring two-thirds majority for Proclamation under Public Security Ordinance
Eleventh Amendment6 May 1987To provide for a Fiscal for the whole Island; also relating to sittings of the Court of Appeal
Twelfth Amendment(Not enacted)
Thirteenth Amendment14 November 1987To make Tamil an official language and English a link Language, and for the establishment of Provincial Councils
Fourteenth Amendment24 May 1988Extension of immunity of President; increase of number of Members to 225; validity of referendum; appointment of Delimitation Commission for the division of electoral districts into zones; proportional representation and the cut-off point to be 1/8 of the total polled; apportionment of the 29 National List Members
Fifteenth Amendment17 December 1988To repeal Article 96A to eliminate zones and to reduce the cut-off point to 1/20th
Sixteenth Amendment17 December 1988To make provision for Sinhala and Tamil to be Languages of Administration and Legislation
Seventeenth Amendment3 October 2001To make provisions for the Constitutional Council and Independent Commissions
Eighteenth Amendment8 September 2010To remove the sentence that mentioned the limit of the re-election of the President and to propose the appointment of a parliamentary council that decides the appointment of independent posts like commissioners of election, human rights, and Supreme Court judges
Nineteenth Amendment28 April 2015To annul the 18th Amendment while replacing the defunct 17th Amendment to establish the Independent Commissions and remove the Executive Presidential powers and limit the term of office of the President to five years while the President continue to function as the Head of State, Head of the Cabinet, and Head of Security Forces
Twentieth AmendmentProposedHold all provincial council election on the same day.[9]

References

1. ^{{cite web|title=Soulbury Commission|url=http://global.britannica.com/EBchecked/topic/555231/Soulbury-Commission}}
2. ^{{cite web|title=1.3 The Consolidation of British Power in Sri Lanka |url=http://www.edupub.gov.lk/Administrator/English/11/fvb/Chapter%2001%20P-III.pdf |deadurl=yes |archiveurl=https://web.archive.org/web/20141204170529/http://www.edupub.gov.lk/Administrator/English/11/fvb/Chapter%2001%20P-III.pdf |archivedate=2014-12-04 |df= }}
3. ^{{cite web|title=An Insider's Perspective - The Sri Lankan Republic at 40|url=http://republicat40.org/wp-content/uploads/2013/01/Reflections-on-the-Making-and-Content-of-the-1972-Constitution1.pdf}}
4. ^{{cite web|title=Asia Times: Sri Lanka: The Untold Story|url=http://www.atimes.com/ind-pak/DA05Df05.html}}
5. ^{{cite web|title=Ceylon Constitution Order in Council 1946|url=http://tamilnation.co/srilankalaws/46constitution.htm}}
6. ^{{cite web|title=Sirimavo Bandaranaike: First woman premier|url=http://news.bbc.co.uk/2/hi/south_asia/964914.stm}}
7. ^{{cite web|title=The 1972 Republican Constitution in the Postcolonial Constitutional Evolution of Sri Lanka|url=http://republicat40.org/wp-content/uploads/2013/01/The-1972-Republican-Constitution-in-the-Postcolonial-Constitutional-Evolution-of-Sri-Lanka.pdf}}
8. ^{{cite web|title=Constitutional history of Sri Lanka|url=http://www.constitutionnet.org/country/constitutional-history-sri-lanka}}
9. ^http://dailynews.lk/2017/08/25/local/126313/parliament-adjourned-due-contention-over-20th-amendment

External links

{{wikisource|Constitution of Sri Lanka}}
  • Website of the Parliament of Sri Lanka — Constitution
  • Constitution of the Democratic Socialist Republic of Sri Lanka with Amendments incorporated up to the 19th Amendment
{{Constitution of Sri Lanka}}{{Constitutions of Asia}}{{Politics of Sri Lanka navbox}}

3 : Government of Sri Lanka|Sri Lankan law|Constitutions of Sri Lanka

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