Political Law at Sri Lanka
Political law in Sri Lanka is defined by its democratic system of governance, based on a parliamentary structure, and it is deeply influenced by both its Constitution and its historical, cultural, and ethnic diversity. The country has experienced significant political and legal changes over time, particularly with regards to its ethnic conflict, the civil war (which lasted from 1983 to 2009), and the more recent political reforms. Here's an overview of the key components of political law in Sri Lanka:
1. Constitutional Framework
Sri Lanka is a democratic socialist republic with a unitary state structure, where political and legal authority is centralized. The Constitution of Sri Lanka (1978) is the supreme law of the country. It establishes the structure of government, defines the rights of citizens, and regulates the relationship between the executive, legislature, and judiciary.
Constitutional Amendments: The Constitution has been amended several times since its enactment, reflecting changes in the country’s political landscape. For example, the 18th Amendment (2010) strengthened the powers of the executive presidency, while the 19th Amendment (2015) aimed to limit these powers, shifting some authority back to the Parliament.
2. The Executive
The Executive Branch in Sri Lanka has significant powers, which are vested in the President, the Prime Minister, and the Cabinet of Ministers:
President: The President of Sri Lanka serves as both the head of state and the head of government. The president is directly elected by the people for a five-year term (though previously, the president had a six-year term). The president has substantial powers, including:
The ability to dissolve Parliament.
Control over key appointments, including ministers, judges, and the heads of key state bodies.
The authority to command the armed forces and exercise control over national security.
Prime Minister and Cabinet: The Prime Minister is appointed by the President but must be a member of the majority in Parliament. The Prime Minister is responsible for leading the government and forming the Cabinet. The Cabinet assists in formulating and implementing government policies. The President can also appoint Deputy Ministers and State Ministers to help in administrative tasks.
3. The Legislature
Sri Lanka has a unicameral parliament called the Parliament of Sri Lanka, which is the legislative branch of government. It plays a key role in enacting laws, approving budgets, and overseeing the executive.
Members of Parliament (MPs): The Parliament is composed of 225 MPs, who are elected through a mixed-member proportional representation system. Proportional representation allows for a combination of direct election and party-based representation, ensuring broader political participation across different regions.
Legislative Powers: Parliament is responsible for making laws, approving national budgets, and making decisions on matters of national importance. It also holds the executive accountable through debates, questions, and the review of government policies.
Elections: Parliamentary elections are held every five years. The General Election involves all registered voters choosing their MPs. Although there is some fluctuation in party dominance, the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP) have historically been the two major political parties.
4. The Judiciary
The judiciary in Sri Lanka is independent, and it plays a vital role in upholding the rule of law and ensuring that laws are interpreted fairly. The judicial system is structured into several courts, with the Supreme Court being the highest body.
Supreme Court: The Supreme Court has the power of judicial review, meaning it can examine laws and executive actions to determine their constitutionality. It is responsible for interpreting the Constitution, deciding on fundamental rights cases, and providing guidance on legal matters. It is composed of the Chief Justice and a set of other judges appointed by the President.
Other Courts: Other courts in the judicial system include the Court of Appeal, High Courts, Magistrate Courts, and District Courts. These courts handle a range of matters, including criminal, civil, and family law issues.
Judicial Independence: Although the judiciary is constitutionally independent, there have been concerns in the past regarding political interference, especially with appointments to the judiciary.
5. Electoral System and Political Parties
Sri Lanka’s electoral system combines proportional representation and first-past-the-post methods. Political parties and independent candidates contest in elections to win seats in Parliament.
Proportional Representation: Voters elect MPs through a mixed-member proportional representation system. A significant percentage of seats are allocated according to the proportion of votes a party receives, ensuring that even smaller parties have a voice in Parliament.
Major Political Parties: Sri Lanka has a multi-party political system, with the Sri Lanka Freedom Party (SLFP), United National Party (UNP), Sri Lanka Podujana Peramuna (SLPP), and the Janatha Vimukthi Peramuna (JVP) being the main political forces. Ethnic parties, such as the Tamil National Alliance (TNA), also play important roles in regional politics.
Electoral Reforms: Electoral reforms are frequently discussed, with efforts to create a more transparent and inclusive system, though the mixed-member proportional system still dominates.
6. Political Rights and Freedoms
Sri Lanka recognizes various political rights and freedoms under its Constitution, but challenges remain in ensuring their full protection.
Freedom of Speech and Expression: The Constitution guarantees freedom of speech, but restrictions are imposed on hate speech, defamation, and speech that could incite violence. Press freedom has been a contentious issue in Sri Lanka, with journalists occasionally facing harassment or censorship, particularly in the context of criticism of the government or military.
Freedom of Assembly and Association: The right to assemble and associate is protected, though in practice, public protests and demonstrations may be subject to restrictions by the government, particularly in sensitive or volatile political situations.
Freedom of Religion: Sri Lanka is a Buddhist-majority country, but the Constitution guarantees religious freedom. However, there have been tensions in some areas regarding the treatment of religious minorities, especially Muslims and Tamils.
7. Human Rights and Governance
Sri Lanka has made substantial progress in terms of economic development and democratic reforms, but challenges remain regarding human rights, particularly in the post-civil war period.
Civil War Legacy: The country’s ethnic conflict between the Tamil minority and the Sinhalese-majority government resulted in significant human rights violations by both sides during the civil war (1983-2009). Post-war reconciliation efforts have been slow, with accusations of war crimes and human rights abuses against the military and the Tamil Tigers (LTTE).
Human Rights: The Sri Lankan government faces ongoing criticism from international bodies such as the United Nations regarding disappearances, extra-judicial killings, and discrimination against ethnic and religious minorities. Although efforts to improve the human rights situation have been made, there is still work to be done in addressing the legacies of the civil war and ensuring accountability for abuses.
8. Devolution and Provincial Governance
Sri Lanka has a unitary state, but the 13th Amendment (1987) to the Constitution provides for the creation of provincial councils to promote devolution and give more autonomy to the regions.
Provincial Councils: These councils have the authority to legislate on certain subjects, such as education and health, but their powers are limited compared to the central government. There is ongoing debate about whether the unitary state model should be revised to provide more autonomy to the provinces, particularly for the Tamil-majority areas in the North and East.
9. Foreign Policy
Sri Lanka’s foreign policy is generally characterized by its non-alignment, although the country has fostered strong relations with both Western countries and regional powers, such as India and China.
Strategic Location: Sri Lanka’s location in the Indian Ocean makes it a key player in regional geopolitics, particularly in relation to maritime trade routes and security.
International Relations: Sri Lanka is a member of several international organizations, including the United Nations, South Asian Association for Regional Cooperation (SAARC), and the Commonwealth of Nations.
Conclusion
Political law in Sri Lanka is shaped by a parliamentary democratic system, with a significant role played by the executive presidency. While the Constitution guarantees political rights and freedoms, challenges such as ethnic tensions, historical grievances, and human rights concerns continue to impact governance. Efforts for reconciliation and addressing the legacies of civil war are ongoing, while the country also faces questions around devolution and balancing national unity with regional autonomy.
RELATED Blog
0 comments