Abstract

The paper compares infl uence of religion in the Constitutional culture of Sri Lanka and India. The secular nature of both constitutions, the historic relationship between the State and religion, and religious rights is analyzed in detail. Sri Lankan Constitution has provisions of giving special recognition to the Buddhist religion while, the Indian Constitution declares itself as a secular state. However, both nations have similar societies with a lesser degree of secular political culture. An entrenched provision of the Sri Lankan Constitution stands against the good principles of constitutionalism, instrumental in transforming the constitutional culture. The benefi ts of the maintenance of public order and the wellbeing of all parts of the society for the nation by, allowing real freedom of religion and maintaining no partiality, secular government is yet to be recognized in the Constitutional making history of Sri Lanka and in India as well.

Highlights

  • Sri Lanka is religiously, linguistically and ethnically diverse island nation

  • An entrenched provision of the Sri Lankan Constitution stands against the good principles of constitutionalism, instrumental in transforming the constitutional culture

  • What is significant is the Article 9 of the Sri Lankan Constitution which reads as follows: ‘The Republic of Sri Lanka shall give to Buddhism the foremost place and it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).’[16]. This is entrenched in the constitution; and in order to repeal the provision, a two-third majority vote is required in parliament as well as the approval of the people at a referendum.[17]

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Summary

Introduction

Sri Lanka is religiously, linguistically and ethnically diverse island nation. The Sinhalese make up 74.9% of the population, 15.3% of the population is composed of Tamils; Sri Lankan Moors cater for 9.3% of the population, while only 0.5% of the population represents other ethnicities.[1]. Is a fusion of the British, French and American constitutional models.[3] There is a British parliamentary structure, a strong president, which is influenced by the French executive office, and separation of powers as in the American system. This mixed structure has made it ‘uniquely Sri Lankan’ with an added flavor of non-secularism. Irrespective of the differences, Sri Lanka and India share cultural, religious, historical, and geo-political resemblances Both states are Commonwealth countries that emerged from British rule at the same time. Sri Lanka constitutionalized Buddhism in 1972 and India declared itself a secular state in 1976

Historical Background
Constitutional Framework on Secularity
Relationship between the State and Religion
Freedom of Religion
Religious Minority Rights
Politicization of Religion
Findings
Conclusion
Full Text
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