Royal Gazette, No 01 of 20113
Royal Gazette, No 01 of 20113
We, Codex Tech, Governor General of the Great Kingdom of Ceylon,
Do hereby enact the following Royal Decree:—
CHAPTER I
REALM
Title & Commencement
1. —(1) This Royal Decree shall be known as Governing Charter, herein generally referred to as “this Constitution”.
(2) Any Law, including but not limited to this Constitution, hereinafter promulgated unilaterally only by the Governor General (who shall be referred to as “the Arbiter” in this Constitution), in accordance with the powers vested in the Crown, and shall have and shall be deemed always to have had the full force, validity, and effect of law:
Provided that, such law may only be amended, suspended, or repealed by the Arbiter through the issuance of a Royal Gazette.
The Realm
2. The Realm of Ceylon shall be and remain a sovereign and independent Kingdom, unified under the Crown and exercised through the Arbiter, who shall reign in right of the Kingdom and the Crown. The Realm shall henceforth be known in law and in all official instruments as the Great Kingdom of Ceylon.
The Flag
3. The flag of the State shall be constituted and recognised as follows, and its design, usage, display, and protection shall be regulated in accordance with the provisions of laws.
The Emblem
4. The Emblem of the State shall be constituted and recognised as follows, and its design, usage, display, and protection shall be regulated in accordance with the provisions of laws.
The Language
5. The official administrative languages of the State shall be English:
Provided that, all statutes, regulations, instruments, records, directives, and other official documents issued or maintained by or on behalf of the State shall be prepared, published, and preserved, in the event of any conflict or inconsistency between the other language versions, the English text shall prevail and be deemed authoritative for all legal and administrative purposes including this Constitution.
The Religion and Cultural
6. The State shall recognise Buddhism as the foundational religious and cultural traditions of the Kingdom:
Provided that, such recognition shall not derogate from the secular character of the State, nor impair the protection of other religious and cultural communities under the law.
CHAPTER II
SOVEREIGNTY
Form of Government
7. Pursuant to Articles 1, and 2 of this Constitution, the system of government of the state shall be that of a monarchy, wherein sovereign authority is vested in the Arbiter and exercised in accordance with the provisions of this Constitution and such laws as may be promulgated under its authority.
Supremacy of the Arbiter
8. Notwithstanding this Constitution and any Ordinance, enactment, directive, or instrument of the State shall establish, confer, or recognize any authority, office, institution, or body possessing jurisdiction or power superior to that of the Arbiter, as defined in Articles 1(2) and 7 under this Constitution:
Provide that, All organs of governance shall remain subordinate to the authority of the Arbiter, save as otherwise expressly provided by Royal Decree or by the provisions of this Constitution.
9. —(1) Any sentence or punishment lawfully imposed—whether capital, corporal, pecuniary, or otherwise—by the Arbiter, or by any duly constituted court or tribunal of competent jurisdiction, shall not be construed as a violation of the provisions of this Constitution.
(2) Such punishments, when administered in accordance with due process and under the authority of law, shall be deemed valid and enforceable, and shall not give rise to any claim of breach of rights under Article 23 of this Constitution.
(3) Excluding the Arbiter, who embodies the sovereign authority of the State, no person, institution, or office shall stand above or beyond the reach of the law:
Provided that, all subjects, officials, and corporate bodies shall be bound by and subject to the law in equal measure, and shall be held accountable in accordance with the provisions of this Constitution and any laws made thereunder.
The Deputy
10. —(1) The Arbiter shall have the sole prerogative to designate a Deputy Arbiter, who shall serve as Heir Apparent to the Arbiter’s office and responsibilities, and may likewise relieve the Deputy of such duties at any time by issuance of a Royal Gazette.
(2) The Deputy shall:
(a) Devote themselves wholly to the fulfillment of their role as Heir, including such duties, functions, and missions as may be entrusted to them by the Arbiter; and
(b) Upon the death of the Arbiter, assume all powers and responsibilities vested in the office of the Arbiter, and exercise the same in full capacity until such time as solemnly and lawfully performed in accordance with the procedures prescribed under this Article.
Interpretative Authority
11. The Arbiter shall possess the exclusive and supreme right of interpretation with respect not limited to this Act, any Ordinance, Royal Gazette, or other instrument of governance, and such interpretative authority shall take precedence over any judicial construction or determination.
CHAPTER III
LEGISLATIVE AND JUDICIARY
The Parliamentary Council
12. —(1) There shall be established a body known as the Parliamentary Council, constituted for the purpose of advising and assisting the Arbiter in the exercise of legislative and governmental functions.
(2) The Parliamentary Council shall consist of two distinct Chambers, namely:
(a) The Chamber of Ministerial Expertise, composed of individuals possessing specialized knowledge, experience, and administrative competence in various domains of governance;
(b) The Chamber of Legislative Draftsman, composed of jurists, legal scholars, and professional drafters responsible for the formulation, refinement, and vetting of statutory and executive instruments; and
(c) The Chamber of Women Caucus, composed of distinguished female leaders, and advocates, charged with safeguarding and promoting the interests, rights, and contributions of women within the State.
(3) The composition, functions, and procedures of the Parliamentary Council shall be further prescribed by Royal Gazette or subsequent enactment under this Constitution.
(4) Provision of this Constitution shall be suspended or rendered inoperative, for temporary suspension in times of war, or during the declaration of a state of emergency.
(3) This Constitution may be amended only by the Arbiter, and such amendment shall be effected by Order published in the Royal Gazette.
13. (1) The Arbiter shall serve as the Head of the Parliamentary Council and shall exercise sole and supreme authority over its proceedings, deliberations, and internal governance.
(2) All decisions, recommendations, or proposals emanating from either Chamber of the Council shall be subject to the approval, modification, or dismissal by the Arbiter, whose direction shall be final, binding, and not subject to review by any other authority.
The Judiciary Council
14. (1) There shall be established a Judiciary as a pillar of the State, vested with the authority to hear and determine disputes, interpret the laws of the Realm, and administer justice in accordance with this Constitution and any laws made thereunder.
(2) The Arbiter shall serve as the Chief Justice of the Realm, and shall preside over the highest court of law. In this capacity, the Arbiter shall possess ultimate appellate and highest jurisdiction, and shall have the power to review, affirm, reverse, or set aside any judicial decision rendered by inferior courts or tribunals.
(3) All other judicial officers shall hold office under commission issued in the name of the Crown and shall discharge their functions subject to the supervisory authority and interpretative supremacy of the Arbiter.
(4) The structure, composition, and procedures of the Judiciary, including the establishment of lower courts, shall be determined by Royal Decree consistent with the provisions of this Constitution.
Appointment of Councils by the Arbiter
15. All members of the Parliamentary Council under Article 12(2), and the Judiciary Council under Article 14(3) shall be appointed solely at the discretion of the Arbiter, by means of a formal issuance published in the Royal Gazette.
CHAPTER IV
CONSOLIDATION AND ENACTMENT
Ownership of Consolidated Resources
16. —(1) All natural wealth not limited to, whether located beneath the surface, upon the land, or within the territorial waters, maritime zones, or any domain falling under the sovereignty or jurisdiction of the State, shall be deemed the inalienable property of the State and shall collectively hereinafter referred to as “Consolidated Resources”.
(2) The law governing Consolidated Resources shall be administered under the exclusive authority and oversight of the Arbiter. No person, entity, or institution shall, in any capacity or by any means, derive benefit from, exploit, or make use of the resources of the State except in strict accordance with the procedures and conditions prescribed by law.
Protection of Currency, Private Property, and Just Compensation
17. —(1) The State shall safeguard the integrity of public currency and shall uphold and protect the right to private property, including the regulation of valuation, exchange, and control rates in accordance with the public interest.
(2) No person shall be deprived of their private property, nor shall any form of expropriation, confiscation, or compulsory acquisition take place, except where such action is expressly justified by law in furtherance of a legitimate public purpose.
(3) In all such cases, the taking of private property shall be subject to the payment of just and absolute compensation, the value of which shall be determined in a manner prescribed by law, and shall reflect fair market value without undue delay.
Annual Budget
18. —(1) The annual budget of expenditures, taxes and allocations of the State shall be deliberated and prepared by the Parliamentary Council Minister of Finance and Fiscal Affairs, and shall be formalized in a financial report hereinafter referred to as the Fiscal Act.
(2) The Fiscal Act shall not have the force of law unless and until it receives the formal assent of the Arbiter, which shall be signified by publication in the Royal Gazette.
Enactment of Law by Royal Gazette
19. Pursuant to Article 1 of this Constitution, any Royal Gazette issued by the Arbiter in exercise of the sovereign legislative authority vested in the Crown shall possess the full force, validity, and effect of law, and shall be deemed as having been duly enacted without the requirement of further legislative process:
Provided that, such enactments shall be binding upon all persons and institutions within the jurisdiction of the State, and shall prevail over any prior law, rule, or custom inconsistent therewith, unless expressly repealed or amended by a subsequent Royal Gazette:
Provided further that, The Arbiter shall possess the exclusive and sovereign autarky to grant pardons, reprieves, respites, or commutations to any person convicted of an offence against the laws of the Realm:
Provided further that, this prerogative of mercy may be exercised unilaterally and shall not be subject to review, limitation, or contestation by any court, authority, or council within the State.
CHAPTER V
ARMED FORCES AND NATIONAL SERVICE
Command of the Armed Forces and War Powers
20. —-(1) The Arbiter shall serve as the Chief Commander of the Armed Forces of the Realm, and shall exercise supreme authority over all military and defense institutions, whether by land, sea, or air.
(2) The Arbiter shall have the exclusive and unilateral right to proclaim a state of war or peace, to mobilize the armed forces, and to take any and all measures deemed necessary for the defense, security, or strategic interest of the State, such declarations shall be made and shall take immediate effect upon publication in the Royal Gazette.
Police Force and Mandatory National Service
21. —(1) There shall be established a Police Force, operating under the authority of the Arbiter, as a component of the national defense and internal stability framework. The Police Force shall assist in maintaining law, order, public service preparedness, and national solidarity during peacetime and conflict alike.
(2) Every citizen of the Realm, upon attaining the age of eighteen years, shall be compulsorily enlisted for national service in the Armed Forces or Police Force for a period not less than two years, unless lawfully exempted under grounds to be prescribed by statute or Royal Gazette.
(3) The Arbiter shall, by Royal Gazette, establish the regulations governing conscription, deferment, exemption, conduct, training, and deployment under this section:
Provided that, completion of national service shall be regarded as a civic duty and a condition for full access to certain public rights and privileges as may be defined by law.
Prohibition of Surrender
22. (1) Under no circumstance whatsoever shall the Armed Forces, nor any public officer or civilian citizen acting in defense of the Realm, its sovereignty, or its institutions, be permitted to surrender, capitulate, or yield to any foreign power, enemy force, or unlawful authority.
(2) Any act or attempt to surrender, whether in part or in whole, shall be deemed an act of high treason, and shall be prosecuted to the fullest extent of the law:
Provided that, the Arbiter shall be vested with full authority to enforce this provision through necessary military, legal, or emergency measures.
CHAPTER VI
RIGHTS AND DUTIES OF CITIZENS
Fundamental Rights
23. —(1) Every citizen of the Realm shall be entitled to the protection of their dignity, person, property, and liberty, subject only to the lawful exercise of authority as provided for under this Constitution and laws made thereunder.
(2) Citizens shall enjoy the freedom of conscience, belief, and expression, provided that the exercise of such freedom shall not, whether by word, publication, or deed—contravene public order, morality, the dignity of the Arbiter or the Government, or the unity and security of the State.
(3) The right to education, healthcare, and lawful employment shall be secured and progressively realized by the State, within the means of its national development priorities and subject to resource availability, as determined by law.
(4) The privacy of correspondence, residence, and personal data shall be inviolable, and no intrusion shall be permitted except under a lawful order issued in accordance with due process and solely for reasons of public safety, national interest, or the prevention of crime.
(5) All persons shall be equal before the law, and no individual shall be discriminated against on grounds of origin, race, sex, creed, or social status, except insofar as such differentiation is reasonably required to uphold public policy, justice, or morality, or to advance the rights of disadvantaged or protected groups as permitted by law.
Civic Duties
24. —-(1) Loyalty to the Realm, observance of its laws, and reverence for the Arbiter as the embodiment of sovereign authority shall be the binding duty of every citizen.
(2) Citizens shall contribute, through labor, service, or payment of taxes, to the welfare and preservation of the State.
(3) Every citizen shall be bound to defend the Realm, its laws, and its institutions; and shall, when called upon under law, serve in national defense, civil emergencies, or public duties.
(4) It shall be the duty of all citizens to respect the rights of others, maintain public order, and refrain from any conduct that threatens the peace, security, or moral fabric of society.
(5) Participation in national service, as defined in Article 21(2), shall be a compulsory civic obligation and a rite of passage into full citizenship.
Special Protection for Women
25. Notwithstanding provisions of Article 23 of this Constitution or in any other law for the time being in force, any law, decree, or regulation enacted for the protection, advancement, or benefit of women shall take precedence over conflicting provisions, and shall be construed and enforced in a manner most favorable to the rights, dignity, and welfare of women:
Provided that, such preferential application shall not be deemed to violate the principle of legal equality, but shall be regarded as a legitimate measure in pursuit of substantive justice and societal balance.
CHAPTER VII
GENERAL PROVISION
Oversight of Public Finance and Administrative Conduct
26. —(1) All revenues, expenditures, and financial operations of the State shall be subject to comprehensive oversight, and all movable and immovable assets of the State shall be administered and safeguarded in a manner that ensures transparency, accountability, and the preservation of public wealth.
(2) A detailed Annual Report on the Management of State Funds shall be submitted to the Parliamentary Council, outlining the collection, allocation, and usage of all public resources.
(3) All governmental bodies and public institutions shall be placed under a regime of administrative and financial control to verify the efficiency of their performance, compliance with statutory duties, and the proper execution of laws and regulations.
(4) Any conduct constituting a financial or administrative offence shall be duly investigated by the competent authority, as shall be established by law. Such authority shall possess clearly defined powers, duties, and prerogatives to conduct inquiries, impose sanctions, and refer matters for prosecution where necessary.
(5) A comprehensive Annual Report on Administrative Performance and Infractions shall likewise be submitted to the Parliamentary Council of Ministers, enabling legislative oversight and executive accountability.
Treaty Compliance
27. Nothing in this Constitution shall be construed to prejudice or derogate from any treaty or agreement duly entered into by the Kingdom with any international body or organisation:
Provided that, where any provision of such treaty or agreement is inconsistent with this Constitution or any other law of the Kingdom, such inconsistent provision of the treaty or agreement shall, to the extent of the inconsistency, be of no force or effect within the jurisdiction of the Kingdom.
Interpretation
28. For the purposes of this Constitution, unless the context otherwise requires:
“Arbiter” shall mean the Governor General, the sovereign authority vested with exclusive powers as set forth in this Act, including legislative, executive, judicial, and military prerogatives; and
“Royal Gazette” shall refer to the official publication by which laws, Royal Decrees, Ordinances, and other legal instruments issued by the Arbiter are promulgated and given full force of law.
Language Precedence
29. In the event of any inconsistency or discrepancy between the English text of this Constitution and the corresponding text in another language, the English version shall prevail and be deemed the authoritative and controlling text for all legal and interpretative purposes.