Chapter 1: The People, The State and Sovereignty | Citizens Constitution

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.

Article 1: The State

i Drafted from public input and research by civic organizations.

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

i

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

i Drafted from public input and research by civic organizations.

Sri Lanka is a Unitary State Explanation

i

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

i Drafted from public input and research by civic organizations.

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

Article 4: Exercise of Sovereignty

i Drafted from public input and research by civic organizations.

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.

i

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

i Drafted from public input and research by civic organizations.

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

i Drafted from public input and research by civic organizations.

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

Article 7: The National Anthem

i Drafted from public input and research by civic organizations.

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

i Drafted from public input and research by civic organizations.

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

Article 9: Nation and Citizenship

i Drafted from public input and research by civic organizations.

9.1
Nation GÇö

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 GÇö

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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