Sri Lankan Constitution
Sri Lankan Constitution tests the 1978 constitutional order: the executive presidency, Parliament, fundamental rights, devolution and amendment procedures. Candidates must distinguish constitutional text from ordinary law and from political practice.
Core structure
- The President is Head of State, Head of Government and Commander-in-Chief; the Cabinet is collectively responsible to Parliament.
- Chapter III protects fundamental rights; Article 12 guarantees equality and non-discrimination; Article 126 gives the Supreme Court fundamental-rights jurisdiction.
- Article 140 gives the Court of Appeal writ jurisdiction.
- The 13th Amendment created provincial councils and made Tamil an official language.
- The 17th, 19th and 21st Amendments reshaped the Constitutional Council and independent commissions; the 21st (2022) strengthened that framework.
Worked example
A qualified officer is denied promotion because of ethnicity. Reasoning: this is unequal treatment under Article 12. The officer may petition the Supreme Court under Article 126, within the constitutional time limit, showing an infringement by executive or administrative action. A writ in the Court of Appeal is not the primary route for a fundamental-rights claim.
Traps
- Confusing Article 126 (Supreme Court, fundamental rights) with Article 140 (Court of Appeal, writs).
- Treating provincial councils as sovereign federal units.
- Assuming the President can amend the Constitution by proclamation.
- Quoting an amendment without checking whether a later amendment changed it.
- Ignoring time limits and locus standi.