From 1948 to the 1978 Constitution
Sri Lanka has had three constitutions since independence. The Soulbury Constitution of 1947 created a parliamentary democracy under the British Crown. The 1972 Constitution declared the Republic of Sri Lanka and replaced the Senate with a single National State Assembly. The 1978 Constitution, the second republican constitution, introduced an executive President elected directly by the people, proportional representation and a chapter of justiciable fundamental rights.
The 1978 Constitution remains in force today, as amended. When you read a constitutional provision, always check which amendment last touched it, because several articles on the presidency and the independent commissions have been rewritten more than once.
How the Constitution is organised
The text runs to more than 170 articles in numbered chapters. The parts most often needed in practice are:
- Chapter I to III: the state, the people and their sovereignty, Buddhism, and fundamental rights.
- Chapter IV: language. Sinhala and Tamil are the official and national languages, and English is the link language.
- Chapter VI: the Directive Principles of State Policy, which guide Parliament but are not enforceable in court.
- Chapters VII to IX: the executive, the President and the Cabinet of Ministers.
- Chapters X to XII: Parliament, its 225 members, the legislative process and procedure.
- Chapters XV and XVI: the judiciary, the Supreme Court, the Court of Appeal and the courts of first instance.
- Chapter XVIIA: Provincial Councils, added by the Thirteenth Amendment in 1987.
The Constitution also contains schedules, including the lists that divide subjects between the central government and the provinces.
Fundamental rights and how they are enforced
Chapter III guarantees fundamental rights to every person or, in some cases, every citizen. The most frequently litigated are:
- Article 11: freedom from torture and cruel, inhuman or degrading treatment, which cannot be restricted.
- Article 12: equality before the law and equal protection, the basis of most challenges to administrative decisions, appointments, tenders and promotions.
- Article 13: freedom from arbitrary arrest and detention, the right to be informed of the reason for arrest and to be produced before a judge.
- Article 14: freedom of speech, assembly, association, religion, occupation and movement, each subject to the restrictions in Article 15.
A person whose rights have been infringed or are about to be infringed by executive or administrative action may petition the Supreme Court under Article 126. The petition must normally be filed within one month of the infringement, so timing matters. The Court can grant declarations, compensation and other just and equitable relief. Legislation itself cannot be challenged after enactment; Bills are reviewed before they are passed, under Article 121.
President, Parliament and the courts
The President is Head of State, Head of the Executive and Commander-in-Chief, elected for a five-year term. The President appoints the Prime Minister and, on the Prime Minister's advice, the Cabinet. Parliament holds legislative power and control of public finance. No law passed by Parliament may be questioned in any court once it has been certified, which is why pre-enactment review of Bills is so important.
The Supreme Court has sole jurisdiction over constitutional questions and fundamental rights, and it is the final court of appeal. The Court of Appeal hears appeals from lower courts and issues writs of certiorari, prohibition, mandamus and quo warranto against public bodies under Article 140. Judicial independence is protected by provisions on appointment, tenure and removal, with senior appointments passing through the Constitutional Council.
The amendments that matter most
The Constitution has been amended more than twenty times. The ones that most change how it operates today are:
- Thirteenth Amendment (1987): created Provincial Councils and Provincial High Courts and made Tamil an official language.
- Seventeenth Amendment (2001): introduced the Constitutional Council and independent commissions.
- Eighteenth Amendment (2010): removed the two-term limit on the presidency and weakened the Council.
- Nineteenth Amendment (2015): restored the term limit, strengthened the Council and the commissions and created a constitutional Right to Information.
- Twentieth Amendment (2020): expanded presidential powers again and replaced the Council with a Parliamentary Council.
- Twenty-first Amendment (2022): reversed much of the Twentieth and re-established the Constitutional Council.
Because these amendments overwrote each other, a judgment from 2012 on the President's powers may describe a provision that no longer exists. Always read the current consolidated text.
Researching a constitutional question
Start with the article, then the leading Supreme Court decisions interpreting it. Fundamental rights cases are reported in the Sri Lanka Law Reports and, for recent years, published as judgments on the Supreme Court website. Determinations on Bills under Article 121 are reported separately and are essential when the question is whether a proposed law is consistent with the Constitution.
In Lex you can ask a question such as "what is the time limit for a fundamental rights application" and open the article and the cited judgments side by side. For the broader framework see our guide to the Sri Lankan legal system and the guide to law reports.
Questions and answers
When was the Constitution of Sri Lanka adopted?
The current Constitution, the second republican constitution, was adopted by the National State Assembly and came into force on 7 September 1978. It replaced the 1972 Constitution, which had replaced the Soulbury Constitution of 1947.
How many amendments does the Sri Lankan Constitution have?
The 1978 Constitution has been amended more than twenty times, the Twenty-first Amendment of 2022 being the most recent major change. Several amendments, including the Seventeenth, Eighteenth, Nineteenth, Twentieth and Twenty-first, rewrote the same provisions on the presidency and the Constitutional Council.
How do I file a fundamental rights case in Sri Lanka?
A petition is filed in the Supreme Court under Article 126, normally within one month of the alleged infringement by executive or administrative action. The Court first decides whether to grant leave to proceed, then hears the case and may award declarations, compensation and other relief.
What are the official languages under the Constitution?
Sinhala and Tamil are the official languages and the national languages of Sri Lanka, and English is the link language. Chapter IV sets out the language of administration, legislation and the courts.
This guide is general information, not legal advice. Last updated 6 October 2026.