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Chapter 1: The People, The State and Sovereignty

This section establishes the fundamental constitutional identity of Sri Lanka. It declares Sri Lanka as a Free, Sovereign, Independent, and Democratic Socialist Republic and confirms that the country is a Unitary State.

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Article 1: The State

Drafted from public input and research by civic organizations.

Current Constitutional Text

Sri Lanka (Ceylon) is a Free, Sovereign Independent and Democratic Socialist Republic and shall be known as the Democratic Socialist Republic of Sri Lanka.

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Sri Lanka (Ceylon) is a Free, Sovereign, Independent and Democratic Socialist Republic.

Explanation

Explanation In the Sinhala version, the short name is meant to be „Government‟ (රජය). It should be changed as State (රාජය).

Article 2: Unitary State

Drafted from public input and research by civic organizations.

Current Constitutional Text

The Republic of Sri Lanka is a Unitary State.

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Sri Lanka is a Unitary State Explanation

Explanation

It could represent in this Article for inter-racial and religious harmony. (Based on the theory of inter racial justice) (The opposite theory to the same is the multi racial justice theory based on plural democracy).

Article 3: Sovereignty of the People

Drafted from public input and research by civic organizations.

Current Constitutional Text

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.

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Introducing the Sovereignty of the People: Sovereignty is inalienable: Sovereignty includes the powers of governance, fundamental rights and franchise.

Article 4: Exercise of Sovereignty

Drafted from public input and research by civic organizations.

Current Constitutional Text

The Sovereignty of the People shall be exercised and enjoyed in the following manner:–

(a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum;

(b) the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People;

(c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law;

(d) the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and

(e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament and at every Referendum by every citizen who has attained the age of eighteen years and who, being qualified to be an elector as hereinafter provided, has his name entered in the register of electors

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Introduces the five manners in which sovereignty is exercised.

  1. Legislative Power: Exercised by Parliament and Provincial Councils to ensure power-sharing.

  2. Executive Power: Exercised by the President and Cabinet for the governance of the Republic.

  3. Judicial Power: Exercised through an independent judiciary to uphold the fundamental law.

  4. Fundamental Rights: Recognized as an inalienable part of sovereignty for all citizens.

  5. Franchise: Exercised directly by the people through universal suffrage to elect representatives.

Explanation
  • Basic Structure: By incorporating Articles 3 and 4 into the "Basic Structure," the core governance framework remains inviolable despite political shifts.

  • Unitary Power-Sharing: Redefining the Unitary State to include Provincial Councils ensures a pluralist principle where minorities participate in decision-making.

  • Checks and Balances: Explicitly defining these manners strengthens the theory of separation of powers and ensures a "limited state" model.

  • Constitutional Supremacy: Shifting from mere interpretation to inviolable status (under Article 83) protects democratic and national aspirations.

Article 5: Territory of the Republic

Drafted from public input and research by civic organizations.

Current Constitutional Text

The territory of the Republic of Sri Lanka shall consist of the 1 [twenty-five] administrative districts, the names of which are set out in the First Schedule and its 2 [territorial waters: Provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as Parliament may by resolution determine]

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The territory of the Republic of Sri Lanka shall consist of the 1 [twenty-five] administrative districts, the names of which are set out in the First Schedule and its 2 [territorial waters: Provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as Parliament may by resolution determine]

Article 6: The National Flag

Drafted from public input and research by civic organizations.

Current Constitutional Text

The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Second Schedule

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The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Second Schedule

Article 7: The National Anthem

Drafted from public input and research by civic organizations.

Current Constitutional Text

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 Third Schedule.

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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 Third Schedule.

Article 8: The National Day

Drafted from public input and research by civic organizations.

Current Constitutional Text

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

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

Article 9: Nation and Citizenship

Drafted from public input and research by civic organizations.

Current Constitutional Text

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9.1 · Nation

The nation consists of the people of diverse ethnicities, languages, religions, and cultures, united by shared aspirations and a common commitment to national independence, integrity, interest, and prosperity. All the people collectively constitute the nation, bound by a collective allegiance to its sovereignty and values.

9.2 · Citizenship

a.There is a common citizenship shared by all members of the nation.

b. All citizens are equally entitled to the rights, privileges, and benefits of citizenship, and are equally subject to its duties and responsibilities.

c. National legislation shall regulate the acquisition, loss, and restoration of citizenship in a manner that upholds justice, equality, and the national interest.

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