The Evolution of Constitutional Provisions for Human Rights in Sri Lanka: Rhetoric Vs. Reality

Abstract

This article examines the guarantees of human rights in the constitution of Sri Lanka and the enduring gap between law and practice. Tracing developments from the Soulbury Constitution of 1947 to the present, the study finds that successive constitutions have added provisions on human rights but these protections are weak in enforcement. Through a qualitative approach involving constitutional analysis and legal commentary, the research identifies key constitutional milestones and examines whether they are effective. Findings indicate that despite judicial intervention, political influence, ethno-nationalist pressures, and institutionally weak countries have hindered enforcement. By way of comparison, global practices such as India's public interest litigation and South Africa's constitutionalism of socio-economic rights highlight robust enforcement processes. The article concludes that Sri Lanka's implementation deficit can be filled with judicial independence, constitutional reform, and institutional strengthening in order to align de jure guarantees with de facto realities.