Fundamental Rights and Freedoms
This domain tests Chapter III of the Constitution: which rights exist, how they may lawfully be restricted, and the exact procedure for seeking a remedy.
The rights
- Article 10: freedom of thought, conscience and religion.
- Article 12: equality before the law and non-discrimination on grounds including race, religion, language, caste, sex, political opinion and place of birth; Article 12(2) permits special provision for women, children and disadvantaged groups.
- Article 13: protection against arbitrary arrest and detention, a fair trial, no retrospective punishment, no cruel or inhuman punishment, and no compulsion to confess.
- Article 14: speech and expression, peaceful assembly, association, trade unions, religion, movement and residence, and return to Sri Lanka.
- Article 14A: right of access to information.
Restrictions and remedies
Article 15 allows restrictions only as prescribed by law and necessary in a democratic society, for reasons such as national security, public order, racial and religious harmony, and parliamentary privilege. Article 126 gives the Supreme Court jurisdiction to hear fundamental-rights applications, which must be filed within one month of the alleged infringement.
Worked example. Police detain a man for three days without producing him before a court. Reasoning: Article 13(1) protects against arbitrary detention and Article 13(2) requires production before the nearest competent court with minimal delay; the Criminal Procedure Code fixes the practical limit at 24 hours. He can apply to the Supreme Court under Article 126 within one month, and may also seek a habeas corpus order.
Traps that cost marks
- Saying Article 13(2) itself states '24 hours' - the 24-hour rule comes from the Criminal Procedure Code.
- Missing the one-month filing deadline under Article 126.
- Treating Article 14 freedoms as absolute.
- Confusing Articles 27 and 28 (non-justiciable) with Chapter III rights.