GCE O/L Civic Education study materials
GCE O/L Civic Education study resources

GCE O/L Civic Education: Fundamental Rights and Freedoms

GCE O/L Civic Education · Work through your exam, one topic at a time.

All guide sections

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.