The Legislature

In accordance with the provisions of the constitution the Parliament shall consist of 189 elected members and 29 appointed from the recognized political parties and independent groups who have contested the elections according to the proportion of votes polled.

Article 4(a) of the Constitution provides that the Sovereignty of the People in relation to their legislative power shall be exercised by Parliament, consisting of their elected representatives and by the People at a referendum.

The power of Parliament includes the power to make laws

1. Having retrospective effect.
2. Replacing or amending any provisions of the Constitution
3. Adding any provision to the Constitution

Parliament however cannot make any laws

1. Suspending the operation  of the Constitution or any part of thereof or
2. Repealing the Constitution as a whole unless such law enacts a New Constitution to replace it (Art. 75)

Parliament cannot abdicate nor in any manner alienate the legislative power and cannot set up any authority with any legislative power.

The Judicial Power

The Article 4(c) of the Constitution provides that the Judicial Power of the People shall be exercised by the Parliament through courts, tribunals and institutions created and established by the Constitution or created and established by law, except in regard to matters relating to the privileges, immunities and Powers of Parliament and its members wherein the Judicial Power of the People may be exercised directly by Parliament according to law.

The President has an unfettered discretion in the appointment of the judges of the Superior Courts and Judges of the High Courts. However in Keeping with the practice of many countries where the members of the higher judiciary are appointed by the Executive Branch of the Government.

The re-introduction of the Judicial Service Commission under this Constitution deprives the Executive of effective control over the minor judiciary.

Article 112 of the Constitution provides that there shall be a Judicial Service Commission which shall consist of the Chief Justice who shall be the Chairman and two other Judges of the Supreme Court appointed by the President of the Republic.

Article 114(1) provides that the appointment, transfer, dismissal and disciplinary control of Judicial Officers, is vested in the Commission.

Public Service and Public Service Commission

The President appoints all Public officers required by the Constitution or other written law, and as well as the Attorney General and Heads of the Army, the Navy the Air Force and the Police Force.(Art.54). Subject to the Provisions of the Constitution, the appointment, transfer, dismissal and disciplinary Control of Public officers is vested in the Cabinet of Ministers. The Cabinet of Ministers cannot delegate its powers of appointment, transfer, dismissal and disciplinary control in respect of Heads f Departments.

According to Article 55(3) of the Constitution, the Cabinet of Ministers from time to time delegate its powers of appointment, transfer, dismissal and disciplinary control of other public officers, to the Public Service Commission.

Subject to the provisions of Article 56(1) there shall be a Public Service Commission which shall consist of not less than five persons appointed by the President. The President shall nominate one of the members of the Commission to be the Chairman.

Fundamental Rights and Freedoms

In the run up to the General Election of 1977 the UNP pledged in the manifesto that it would ensure in the Constitution that every citizen, whether he belonged to a majority or minority racial, religion or caste group, enjoyed equal and basic human rights and opportunities.

The preamble to the Constitution assures " to all peoples freedom, equality, justice, fundamental rights and the independence of the judiciary as the intangible heritage and guarantees the dignity and well-being of the succeeding generations of the people of Sri Lanka".

Article 3 of the Constitution declares that Sovereignty of the People includes fundamental rights.
Article 4(d) provides that the fundamental rights which are declared and recognized  by the Constitution shall be respected, secured and advanced by all the organs of the Government and shall not be abridged, restricted and denied save in the manner and to the extent hereinafter provided.

the peoples at a Referendum. These Fundamental Rights are recognized as being absolute and in that no restrictions are permitted.
.
Article 10 of the Constitution provides that "every person is entitled to freedom of thought, conscience and religion including the freedom to have or to adopt a religion or belief of his choice."

Article 11 provides that No person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

According to Article 12(1) all persons are equal before the law and are entitled to the equal protection of the law and Article 12(2) provides that "No citizen shall be discriminated against on grounds of race, religion, caste, sex, political opinion, place of birth or any one of such grounds.

Article 14 of the Constitution declares that

• Every person is entitled to

1. the freedom of speech and expression including publication
2. the freedom of peaceful assembly
3. the freedom of association
4. the freedom to form and join the trade unions
5. the freedom, either by himself or in association with others to enjoy and promote his own culture and to use his own language
6. the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise
7. the freedom of movement and of choosing his residence within Sri Lanka
8. the freedom to return to Sri Lanka

It has been said that the fundamental rights in chapter iii of the Constitution are directed against the state and its organs and not against private individuals According to Article 17 of the Constitution very person is entitled to apply to the Supreme Court, as provided by article 126 of the Constitution, in respect of any infringement or imminent infringement by executive or administrative action, of a fundamental right to which such person is entitled under the provision of this chapter.

Accordingly " Executive or administrative action embraces executive action of the State or its agencies exercising government functions.

Restrictions on Human Rights

The exercise and operation of the fundamental rights:

1. To the presumption of innocence (Art: 13.5) and to immunity from retroactive penal legislation (Ar: 13(6) are subject only to such restrictions as may be prescribed by law in the interests of national security. Law under this paragraph includes regulations made the Law for the time being related to public security [Art: 15 (1).].

2. To the freedom of speech and expression [Art: 14(1)(g)] are subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or in relation to Parliamentary privilege, contempt of court, defamation or incitement to an offence (Art: 15.2)

3. To the peaceful assembly [Art:14(1)(b)] are subject to such restrictions as may be prescribed by law in the interest of racial and religious harmony (Art; 15.3)

4. To the freedom of Association [Art: 14(1)(c) ] are subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or national economy.[Art. 15 (4) ]

5. To the freedom of occupation[Art: 14(1)(g)] are subject to such restrictions as may be prescribed by law in the interests of national economy or in relation of

• The professional, technical, academic, financial or other qualifications necessary for practicing any profession or carrying on any occupation, trade business or enterprise and the, licensing and disciplinary control of the person entitled to such fundamental rights and
  
  
• The carrying on by the state, a state enterprise whether to the exclusion, complete or partial, of citizens or otherwise.

6. To the freedom of movement and the choice of residence [Art:14(1) (h)] are subject to such restrictions as may be prescribed by law in the interests of National Economy.

7. To qualify to freedom from arbitrary arrest and detention [ 13 (1)] and [2]  and to the rights recognized in article 14 are subject to such restrictions as may be prescribed by law in the interest of National Interest of National Security, public order and the protection of public health or morality or for the purpose of securing due recognition and respect for the rights and freedoms of others, or of meeting just requirements of the general welfare of a democratic society.

Directive Principles of State Policy

Today the duties of the modern governments have been extended beyond defense, foreign affairs, monetary control, maintenance of law and order to include political economic and social progress. The directive principles are laid down in the constitution so that the state may be under a duty to apply them in the making of laws and in the administration of the country.

Though these principles are not justiciable under Article 29 of the Constitution they are nevertheless of educative moral and political value. They are in the nature of instructions which Parliament and the Executive are expected to follow.

Electoral System

The single member constituency (The first past the post) electoral system, which had existed under the previous constitution was repealed under this constitution. Its main demerit was that the number of seats secured by political parties in the Parliament was numerically out of proportion to the total number of votes received by respective parties.

It the opposition that suffered mostly due to the existing system. The number of seats the opposition obtained at the election was not proportionate to the percentage of votes they obtained. In 1977 the UNP with 50.9 per cent of the total votes secured 83.3 per cent of the seats with 140 members, whereas the SLFP with 29.7 percent of the total votes vote had secured only 4.8 per cent of the seats with 8 members.

In order to remedy this defect of the single member constituency system and to secure that the number gained by the party of independent group shall be as nearly as possible proportionate to the electors votes cast for that party or group the system of proportional representation was adopted.

National List

Article 99 A of the Constitution (inserted by the 5th Amendment to the Constitution) provides that after the 196 members referred to in Article 98 have been declared elected at a General Election of Members of Parliament, the Commissioner of Elections must forthwith apportion the balance twenty nine seats among the recognized political parties and independent groups contesting such General Election in the same proportion as the proportio0n which the number of votes polled by each such party or group at such General Election.

Every recognized political party or independent group contesting a General Election must submit to the Commissioner of Elections within the nomination period specified for such election a list of persons qualified to be elected as Members of Parliament, from which it may nominate persons to fill the seats, if any, which such party of group will be entitled to, on such apportionment.