Will Sri Lanka Learn From Birth Place Of Buddha?
By Veluppillai Thangavelu
–July 18, 2016
Veluppillai Thangavelu
What is a constitution and what is its purpose? Stated simply, a country’s constitution is the fundamental laws and principles of a country or state on which all other laws are based.
All permanent organization of individuals, whether public or private, must have basic rules or laws for its establishment and for the conduct of its activities. A country normally has a centre and local governmental systems of government and both rests on constitutions.
In a democracy, sovereignty rests with the people and the enactment of a constitution is a function of the legislature composed of elected representatives.
A constitution, to be successful, must be both stable and flexible. There is no model or single constitution similar to one another since the history, geography and diversity of people and countries differ from one another. Every country has its own unique blend of history and people. There are parliamentary and presidential systems of government which we are familiar with through direct experience. There are also con-federal, federal, quasi federal and unitary constitutions.
As opposed to an authoritarian form of government, there are common characteristics found in constitutional democracy like separation of powers, checks and balances, rule of law, democratic elections, peaceful transfer of power, independent press, free and competent judiciary, freedom of opinion and expression, freedom of religion, freedom of association, respect for fundamental human rights etc. This list is by no means exhaustive, but gives the fundamental features of a good constitution that will stand the test of time. The methods of amending or replacing the constitution are also provided by the constitution itself.
Sri Lanka is in the process of enacting its fourth constitution since the country gained independence in 1948. The republican constitution enacted in 1972 and the presidential system of constitution adopted in 1978 has failed to produce stability and peace in the country. Both these constitutions laid the foundation for a bloody civil war that lasted for 25 years. They imposed the will of the 75% majority Sinhalese on the 25% national minorities, especially the Thamils. They ignored completely the language rights of the Thamil people by installing Sinhala as the sole official language. In a constitutional democracy all citizens must be treated equally if the country is to progress towards political stability and economic prosperity.
