Constitutional Contestation of Religion in Sri Lanka

ABSTRACT

Sri Lanka’s constitutional policy regarding religion affords the ‘foremost place’ to Buddhism and obligates the state to protect and foster the Buddha Sasana, whilst assuring the rights and freedoms of the other religions. By explicitly creating a special status for Buddhism, the constitution has produced the category of the ‘Other’ that has the potential to discriminate against minorities in a pluralistic society and to undermine the fundamental principle of equality. The creation of this distinction generated contestation during constitutional reforms. By examining reform proposals on religion, interview material and comparing the debates of the Constitutional Assembly (October/November 2017) with the Constituent Assembly debates (1970–71), this study retraces the evolution of the Buddhism Chapter and identifies the present contestations and their role in deciding a constitutional arrangement for religion.