-By Chula Goonasekera on behalf of the LEADS Forum
(Lanka-e-News -23.March.2026, 10.00 AM) A Bill of Rights is a formal list of the basic rights and freedoms that belong to the people. These rights are usually enshrined in a country’s constitution to protect citizens from the abuse of government power. Despite its importance, public awareness of this subject in Sri Lanka remains limited. Many citizens do not fully understand how constitutional rights affect their daily lives. Trade unions, political parties, and student groups often organise protests that disrupt normal life. However, fewer people realise that informed and constructive civic engagement aimed at constitutional reform can address many problems in a more peaceful and sustainable manner.
This article summarises a discussion held by the LEADS Forum with constitutional expert Jayampathy Wickramaratne (This Video at end of this article ) and aims to encourage citizens to become more aware of the importance of constitutional rights. Dr Wickramaratne has been a President’s Counsel since 2001 and has played a key role in several constitutional reform efforts in Sri Lanka, including work related to the Nineteenth Amendment and the Right to Information Act. He has also served as a Member of Parliament and has written extensively on democratic governance. A robust discussion followed his presentation.
Without informed public participation, the same cycles of political conflict may continue, often resulting in unrest, violence, and property damage rather than meaningful solutions.
Sri Lanka has had three main constitutional frameworks since independence:
* The Independence (Soulbury) Constitution (1947)
* The 1972 Constitution
* The 1978 Constitution
The 1947 Constitution did not include a comprehensive Bill of Rights. It contained some minority protections, such as Section 29(2), which prohibited discriminatory laws. However, later citizenship and voting laws resulted in many Indian Tamil plantation workers losing their voting rights, demonstrating the limits of those protections.
The 1972 Constitution introduced a chapter on fundamental rights. However, these rights were limited, and no court had a special jurisdiction to enforce them. Parliament still retained the power to override them with a two-thirds majority.
The 1978 Constitution has been amended more than twenty times. Critics argue that many of these amendments were driven by political interests rather than the long-term interests of the people.
“A Bill of Rights defines fundamental freedoms and limits government power to prevent abuse. In Sri Lanka, where constitutional reforms have often concentrated power, citizens need to demand strong safeguards, checks and balances, and approval through a referendum—ensuring true democracy based on people’s governance, upholding the supremacy of the constitution.”
In many democratic countries, certain rights—such as protection from torture—are considered absolute rights. This means they cannot be restricted under any circumstances.
In Sri Lanka, most fundamental rights can be restricted by law. For example, freedom of speech may be limited for reasons such as national security, public order, or defamation.
However, a modern constitution should clearly distinguish between:
* Absolute rights, which cannot be violated under any circumstances
* Limited rights, which may be restricted only when strictly necessary in the interest of society.
Sri Lanka’s current constitutional framework does not clearly define this distinction.
Another weakness in Sri Lanka’s constitutional system is the limited power of courts to review laws after they are passed.
Under the 1978 Constitution, laws can normally be challenged only before they are enacted, during the Bill stage. The period provided is very short and often insufficient for professional organisations or civil society to examine proposed laws carefully.
Once a law is passed by Parliament and certified by the Speaker, it generally cannot be challenged in court—even if it conflicts with fundamental rights. This raises serious concerns about the protection of citizens.
Sri Lanka’s fundamental rights framework should be aligned more closely with internationally accepted human rights standards.
For example, in many countries, a person who is arrested has the right to:
* Inform a relative or trusted friend
* Consult a lawyer immediately
* Be produced before a judge within a defined time period, such as 24 hours
These safeguards are essential to ensure that individuals are treated fairly and are presumed innocent until proven guilty.
Other important rights that should be clearly recognised include:
* The right to life
* The right to privacy
* Freedom from discrimination
* Freedom of movement
* Freedom of religion without coercion
* Protection against forced marriage
* Protection of property rights
Citizens should also have strong legal protections against arbitrary arrest, unfair trials, and political persecution.
A modern Bill of Rights should also recognise certain social and economic rights. These may include:
* The right to education, particularly at primary and secondary levels
* The right of access to healthcare, including emergency medical treatment
* The right to a healthy environment
* Right of reasonable access to food and water
Every citizen should also have the right to benefit from the country’s natural resources, while ensuring their sustainable use for future generations.
At present, fundamental rights cases are mainly handled by the Supreme Court. However, there is a need for regional appellate courts so that citizens across the country can access justice more easily and without long delays.
Citizens should also be able to challenge actions by the government, institutions, or individuals if those actions violate their fundamental rights.
A Bill of Rights defines what governments cannot do to citizens. It protects freedoms such as:
* Freedom of speech
* Freedom of religion
* Freedom of assembly
* The right to a fair trial
* Protection from arbitrary arrest
These protections help prevent abuse of power and ensure equality before the law.
When citizens know their rights are protected, they are more likely to trust public institutions and participate in democratic life. This, in turn, strengthens social harmony and encourages civic engagement.
A Bill of Rights also safeguards minorities and vulnerable communities from discrimination and marginalisation.
A strong Bill of Rights requires an independent and competent judiciary capable of enforcing these protections.
Courts must have the authority, independence, and professional integrity to ensure that governments and public officials respect constitutional rights.
New rights can be added to the Constitution through a constitutional amendment. The process usually includes:
* Drafting a constitutional amendment bill
* Presenting the bill to Parliament
* Review by the Supreme Court if challenged
* Approval by a two-thirds majority in Parliament
* A national referendum if entrenched provisions are affected
* Certification by the Speaker
Some constitutional changes must also be approved directly by the people through a referendum.
Ordinary citizens cannot directly introduce constitutional amendments. However, they can influence the process by:
* Petitioning Members of Parliament
* Raising public awareness
* Encouraging national discussion on constitutional reform
If millions of citizens support a proposal, political leaders cannot easily ignore it.
Democratic systems function best when government power is limited and individual freedoms are protected. This is achieved through:
* Rule of Law – everyone, including government leaders, must obey the law
* Separation of Powers – legislative, executive, and judicial powers are divided
* Checks and Balances – each branch can limit the others
* Independent Institutions – courts, election commissions, auditors and more
Together, these safeguards prevent the concentration of power and protect democracy
A strong Bill of Rights is the foundation of a fair and stable society. It protects human dignity, promotes equality, and ensures that governments remain accountable to the people. To sustain absolute rights in the long term, approval by a public referendum seems prudent, as any subsequent intervention or revision by a two-thirds majority in Parliament would not be legitimate.
For a multi-ethnic and multi-religious country like Sri Lanka, establishing a strong and balanced Bill of Rights is essential if the nation is to move beyond past mistakes and build a more just and democratic future.
Video As Follows
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by (2026-03-23 04:38:32)
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