Law Student: May 2013

Constitutional provisions – Sri Lanka

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary.

The Constitution of Sri Lanka 1978, amended 2001

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies .

EDUCATION

Art. 27

(1) The Directive Principles of State Policy herein contained shall guide Parliament, the President and the Cabinet of Ministers in the enactment of laws and the governance of Sri Lanka for the establishment of a just and free society.

(2) The State is pledged to establish in Sri Lanka a democratic socialist society, the objectives of which include -

(a) the full realization of the fundamental rights and freedoms of all persons;

(b) the promotion of the welfare of the People by securing and protecting as effectively as it may, a social order in which justice (social, economic and political) shall guide all the institutions of the national life ;

(c) the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities ;

(d) the rapid development of the whole country by means of public and private economic activity and by laws prescribing such planning and controls as may be expedient for directing and coordinating such public and private economic activity towards social objectives and the public weal ;

(e) the equitable distribution among all citizens of the material resources of the community and the social product, so as best to subserve the common good ;

(f) the establishment of a just social order in which the means of production, distribution and exchange are not concentrated and centralised in the State, State agencies or in the hands of a privileged few, but are dispersed among, and owned by, all the People of Sri Lanka ;

(g) raising the moral and cultural standards of the People, and ensuring the full development of human personality ; and

(h) the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.

(5) The State shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the People of Sri Lanka, including the racial, religious, linguistic and other groups, and shall, take effective steps in the fields of teaching, education and information in order to eliminate discrimination and prejudice.

(6) The State shall ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on the ground of race, religion, language, caste, sex, political opinion or occupation.

(7) The State shall eliminate economic and social privilege and disparity, and the exploitation of man by man or by the State.

(8) The State shall ensure that the operation of the economic system does not result in the concentration of wealth and the means of production to the common detriment.

(9) The State shall ensure social security and welfare.

(10) The State shall assist the development of the cultures and the languages of the People.

(11) The State shall create the necessary economic and social environment to enable people of all religious faiths to make a reality of their religious principles.

(12) The State shall recognize and protect the family as the basic unit of society.

(13) The State shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and to protect them from exploitation and discrimination.

Art. 21

(1) A person shall be entitled to be educated through the medium of either of the National Languages:

Provided that the provisions of this paragraph shall not apply to an institution of higher education where the medium of instruction is a language other than a National Language.

(2) Where one National Language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other National Language shall also be made a medium of instruction for or in such course, department or faculty for students who prior to their admission to such University, were educated through the medium of such other National Language:

Provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other National Language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such University or of any other like University.

(3) In this Article "University" includes any institution of higher education.

Appendix III

1. Provision of facilities for all State Schools other than specified schools (Specified Schools will be National Schools, Special Schools for Service Personnel and schools for specified development schemes).

2. Supervision of the management of -

(a) all pre-schools ; and

(b) all State schools other than specified schools indicated above. (in order to ensure standards the Ministry of Education will retain the right to inspect and supervise the management of schools).

3. The transfer and disciplinary control of all educational personnel, i.e. Teachers, Principals and Education Officers. Officers belonging to a National Service but serving the Provincial authority on secondment will have the right of appeal to the Public Service Commission. Officers belonging to the Provincial Public Service will have a right to appeal to the Public Service Commission against dismissal.

4. Recruitment into the Teaching Service of those with diplomas and degrees, from Colleges of Education and Universities, recognised as teaching qualifications.

5. Until adequate numbers of these categories are available recruitment into the Teaching Service will be on the results of recruitment examinations conducted by the Public Service Commission. On the results of these examinations interviews and selection will be conducted together with the Provincial Authorities.

6. Appointment of Principals of all schools other than those in 1A, B, C categories. (Criteria will be laid down by the Minister of Education).

7. Appointment of Principals of 1A, B, C schools will be by the Secretary to the Ministry of the Minister in charge of the subject of Education or the Public Service Commission.

8. Training of teachers and other educational personnel will come within the purview of the National Institute of Education. Provincial Authorities will indicate their needs to the National Institute of Education.

9. Appointment of Provincial Boards of Education which will have the advisory functions, will be the responsibility of the Minister of Education. However, this will be done with the concurrence of the Chief Minister of the Provincial Authority.

10. Provincial Authorities will establish School Boards conforming to the specifications laid down by the Ministry of Education.

11. Provincial Authorities will supervise the working of School Boards.

12. Preparation of plans (educational development plan and annual implementation plan) will be the responsibility of the Provincial Authority.

13. Implementation of the Annual Education Development Plan.

14. Appraisal of the performance of Principals, Teachers and Education Officers.

15. Conducting of in-service training programmes for which prior approval of the National Institute of Education has been obtained.

16. Conducting of local examinations approved by the Commissioner-General of Examinations.

17. Implementation of non-formal education programmes.

18. Registration and supervision of pre-schools.

19. Obtaining the approval of the National Institute of Education for local variations in the primary curriculum and selected subjects in the secondary curriculum.

20. Construction and maintenance of educational buildings, libraries and playgrounds.

21. Procuring and distribution of teaching aids, visual aids and audio visual materials, furniture and other equipment.

22. Procuring and distribution of science equipment other than certain specified items indicated by the Ministry.

23. Production and distribution of school textbooks after approval by the Ministry.

24. Organization and development of school libraries in accordance with guidelines given by the National Library Services Board.

EQUALITY

Art. 12

(1) All persons are equal before the law and are entitled to the equal protection of the law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds:

Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any language as a qualification for any employment or office in the Public, Judicial or Local Government Service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of the duties of such employment or office:

Provided further that it shall be lawful to require a person to have sufficient knowledge of any language as a qualification for any such employment of office where no function of that employment or office can be discharged otherwise than with a knowledge of that language.

(3) No person shall, on the grounds of race, religion, language, caste, sex or any one such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.

(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.

LANGUAGE

Art. 18.

(1) The Official Language of Sri Lanka shall be Sinhala.

(2) Tamil shall also be an official language.

(3) English shall be the link language.

(4) Parliament shall by law provide for the implementation of the provisions of this Chapter

See Further:

http://www.right-to-education.org/country-node/395/country-constitutional

Thursday, May 30, 2013

Saturday, May 25, 2013

Friday, May 24, 2013

A living Constitution is one that evolves, changes over time, and adapts to new circumstances, without being formally amended.

Friday, May 17, 2013