Short Introduction
The Second Republican Constitution of Sri Lanka (1978) is the current and supreme law of the country. Adopted on 7 September 1978, this Constitution introduced the Executive Presidential System and significantly changed Sri Lanka’s political structure. It replaced the 1972 Constitution and established a new framework for governance, elections, and fundamental rights.
The 1978 Constitution of Sri Lanka remains in force today, although it has been amended several times. It defines the powers of the President, Parliament, and Judiciary, and shapes the modern constitutional and political system of Sri Lanka.
Key Facts About the 1978 Constitution
- Adopted on 7 September 1978.
- Introduced the Executive Presidential System in Sri Lanka.
- The President is directly elected by the people.
- Parliament consists of 225 Members.
- Introduced the Proportional Representation (PR) electoral system.
- Recognizes and protects Fundamental Rights under Chapter III.
- The Supreme Court has constitutional interpretation powers.
- Constitutional amendments require a two-thirds majority in Parliament.
- Certain amendments require approval by a national referendum.
- It is the current Constitution of Sri Lanka.
Important Dates
- 22 May 1972 – First Republican Constitution adopted.
- 7 September 1978 – Second Republican Constitution enacted.
- 1982 – First presidential election held under the new Constitution.
- 2015 – 19th Amendment reduced executive presidential powers.
- 2022 – 21st Amendment introduced governance reforms.
Detailed Explanation
Background of the 1978 Constitution
After the First Republican Constitution of 1972, concerns arose about parliamentary supremacy and political stability. To create a stronger executive structure, a new Constitution was introduced in 1978 under President J.R. Jayewardene.
The Second Republican Constitution of Sri Lanka aimed to ensure stable governance by expanding executive authority and reforming the electoral system.
Executive Presidential System in Sri Lanka
The most significant feature of the 1978 Constitution is the Executive Presidency.
Under this system:
- The President is both Head of State and Head of Government.
- The President is directly elected by the people for a five-year term.
- The President appoints the Prime Minister and Cabinet of Ministers.
- The President serves as Commander-in-Chief of the Armed Forces.
- The President has powers to summon, prorogue, and dissolve Parliament under constitutional conditions.
This marked a major shift from the parliamentary model under the 1972 Constitution.
Parliament Under the 1978 Constitution
The Constitution established a unicameral Parliament consisting of 225 Members of Parliament (MPs).
Key features include:
- Members are elected through the Proportional Representation (PR) system.
- 196 members are elected from electoral districts.
- 29 members are appointed through the National List.
- Parliament has legislative power and financial control.
The PR system was introduced to provide fair political representation across districts.
Fundamental Rights in the 1978 Constitution
Chapter III of the Constitution guarantees Fundamental Rights, including:
- Right to equality
- Freedom of speech and expression
- Freedom of religion
- Freedom from arbitrary arrest
- Right to constitutional remedies
Citizens can file Fundamental Rights petitions directly in the Supreme Court within one month of an alleged violation.
Judicial Review and the Supreme Court
The Supreme Court of Sri Lanka has the authority to:
- Interpret the Constitution
- Review the constitutionality of Bills
- Hear Fundamental Rights cases
Judicial review ensures that laws passed by Parliament comply with the Constitution.
Major Constitutional Amendments
Since 1978, several amendments have shaped the balance of power:
- 17th Amendment – Established independent commissions.
- 18th Amendment – Removed presidential term limits.
- 19th Amendment – Reduced executive powers and restored term limits.
- 20th Amendment – Increased presidential authority.
- 21st Amendment – Strengthened governance and accountability mechanisms.
These amendments reflect ongoing debates about executive power and democratic reform in Sri Lanka.
Importance of the 1978 Constitution in Sri Lankan Politics
The 1978 Constitution transformed Sri Lanka’s political system by:
- Centralizing executive authority
- Changing the electoral system
- Strengthening constitutional recognition of fundamental rights
- Creating a modern constitutional framework
It remains central to discussions on constitutional reform in Sri Lanka today.
Conclusion
The Second Republican Constitution of Sri Lanka (1978) is the foundation of the country’s modern political system. By introducing the Executive Presidential System and Proportional Representation, it reshaped governance and electoral politics. Despite numerous amendments and reform debates, the 1978 Constitution continues to guide Sri Lanka’s constitutional and political framework.
10 Multiple Choice Questions (MCQs)
1. The Second Republican Constitution of Sri Lanka was adopted in:
A. 1972
B. 1975
C. 1978
D. 1983
Correct Answer: C
2. The 1978 Constitution introduced which system?
A. Federal System
B. Executive Presidential System
C. Monarchy
D. Military Government
Correct Answer: B
3. The President under the 1978 Constitution is elected by:
A. Parliament
B. The Cabinet
C. The people
D. The Supreme Court
Correct Answer: C
4. Parliament under the 1978 Constitution consists of:
A. 200 members
B. 225 members
C. 250 members
D. 300 members
Correct Answer: B
5. The electoral system introduced in 1978 is:
A. First-past-the-post
B. Proportional Representation
C. Federal representation
D. Appointment-based system
Correct Answer: B
6. Fundamental Rights petitions are filed in the:
A. District Court
B. Court of Appeal
C. Supreme Court
D. Magistrate Court
Correct Answer: C
7. Constitutional amendments generally require a:
A. Simple majority
B. Two-thirds majority
C. Cabinet decision
D. Public protest
Correct Answer: B
8. The President is also the:
A. Chief Justice
B. Speaker
C. Commander-in-Chief of the Armed Forces
D. Auditor General
Correct Answer: C
9. The 19th Amendment mainly aimed to:
A. Increase executive powers
B. Reduce certain presidential powers
C. Abolish Parliament
D. Remove elections
Correct Answer: B
10. The 1978 Constitution replaced the:
A. Soulbury Constitution
B. 1972 Constitution
C. Donoughmore Constitution
D. Crown Colony Constitution
Correct Answer: B