The Sri Lankan Constitution: A Structural Genocide Constitution and Structured Genocide Government Authors: Nila Bala (Balananthini Balasubramaniam) | Small Drops

Author:

Nila Bala (Balananthini Balasubramaniam) | Small Drops

1. Abstract

This article critically examines the Sri Lankan Constitution, arguing that it constitutes a structural genocide constitution, with the state functioning as a structured genocide government. The Constitution enshrines Buddhism at its core, creating a “full blood” privileging of one religious and ethnic community. Drawing on constitutional texts, judicial precedents, historical evidence, and comparative South Asian analysis, the study demonstrates how Article 9 and institutional arrangements systematically subordinate minority communities, particularly the Eelam Tamil nation. This postdoctoral-level study introduces a framework of constitutionalised structural genocide, highlighting the severe human cost borne by the Eelam Tamils.

2. Introduction

2.1 Structural Violence in Law and Governance

The Sri Lankan Constitution has been widely characterised as a structural genocide constitution, embedding discriminatory structures across legal, administrative, and governance systems. The state functions as a structured genocide government, prioritising Buddhist Sinhalese dominance while marginalising the Eelam Tamil nation.

2.2 Human Cost

Decades of systemic exclusion, militarisation, and denial of political, cultural, and economic rights resulted in catastrophic human consequences. Thousands of Eelam Tamils died, either in conflict, enforced disappearances, or as collateral victims of policies prioritising one community.

3. Constitutional Architecture

3.1 Article 9: Buddhism as Constitutional Core

Article 9 explicitly enshrines Buddhism as the foremost religion:

“The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly 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)” (lankalaw.net).

This represents a “full blood” privileging of Buddhism, creating entrenched structural dominance. Amendment requires:

I)Two-thirds parliamentary approval

II)Nationwide referendum

III)Supreme Court validation (Articles 83, 120)

These safeguards institutionalise one religion’s supremacy, making the Constitution a structural genocide constitution.

3.2 Judicial Enforcement

The judiciary consistently reinforces Article 9. In Provincial of the Teaching Sisters of the Holy Cross, propagation of religion involving material benefits was restricted to prevent impairment of Buddhism (cambridge.org). This reinforces the structured genocide government, embedding disadvantage for minorities.

4. Historical Context

4.1 Buddhism and State Identity

Since 236 BCE, Buddhism has underpinned Sinhalese governance. Colonial treaties, such as the Kandyan Convention of 1815, codified protection for Buddhist institutions.

4.2 Constitutional Continuity

1972 Constitution: Introduced state duty to protect Buddhism

1978 Constitution: Strengthened Article 9, embedding Buddhism as core to state identity

This trajectory demonstrates continuity of religious primacy and institutionalised subordination of minority communities, particularly Eelam Tamils.

5. Comparative South Asian Analysis

Country&Constitutional Approach

Observations.

I) India

Secularism (Articles 25–28)

Minority rights formally protected, still holding Ambekar Constitution.

II) Bangladesh

Secularism + Islam as state religion

Minority rights formally protected, contested in practice.

III) Nepal

Hindu monarchy → secular republic (2007)

Explicitly secular with minority safeguards

IV) Pakistan

Islamic Republic

State religion privileged; minority recognition exists.

Observation: Sri Lanka is exceptional. The Constitution institutionalises religious hierarchy, systematically disadvantaging minority communities.

6. Socio-Political Dynamics

6.1 Cultural and Political Reinforcement

Buddhism is central to Sinhalese identity. Major political parties resist reforms to Article 9, citing historical and existential imperatives.

6.2 Institutional and Social Inertia

Centuries of narrative construction and entrenched legal frameworks sustain the structured genocide government, contributing to the systematic oppression of Eelam Tamils.

7. Human Cost and Eelam Tamil Suffering

7.1 Lives Lost

Decades of conflict and structural discrimination resulted in thousands of Eelam Tamils dying, either directly in combat or indirectly due to displacement, famine, and targeted attacks.

7.2 Cultural and Political Erasure

The Constitution and state apparatus undermined Tamil language, religion, and political representation, constituting a structural attack on identity.

8. Conceptual Framework: Constitutionalised Structural Genocide

The study introduces a postdoctoral-level framework of constitutionalised structural genocide, defining it as the embedding of discriminatory structures within legal, administrative, and socio-political systems to advantage one community while systematically subordinating another. Sri Lanka exemplifies this framework, where law, governance, and judiciary combine to institutionalise structural harm and human suffering.

9. Discussion

The Sri Lankan constitutional framework creates structural disadvantage, with minority rights contingent upon protecting Buddhism. Judicial interpretation, parliamentary entrenchment, and socio-political culture reinforce systemic subordination. Conventional legal analysis is insufficient: Sri Lanka demonstrates constitutionalised, structural mechanisms of harm, with direct human consequences for the Eelam Tamil nation.

10. Conclusion

The Sri Lankan Constitution, through Article 9 and related institutional practices, constitutes a structural genocide constitution, with the state functioning as a structured genocide government. Entrenched protections for Buddhism systematically subordinate minority communities, resulting in profound human costs. Reform requires both legal and socio-political transformation, currently constrained by historical, cultural, and institutional inertia.

11. Policy Implications

Decouple Buddhism’s spiritual and ethical teachings from state authority, reducing structural subordination.

Implement robust protections for minorities, especially Eelam Tamils, within the existing constitutional framework.

Promote public discourse on pluralism, historical justice, and human rights to mitigate entrenched structural bias and prevent further loss of life.

12. References

Constitution of the Democratic Socialist Republic of Sri Lanka. 1978. Articles 9, 10, 14(1)(e). Available at: lankalaw.net.

Primary legal text establishing Buddhism as the foremost religion and the framework for state structure.

Provincial of the Teaching Sist

ers of the Holy Cross of the Third Order of Saint Francis in Menzingen v. Sri Lanka. Supreme Court of Sri Lanka, 2003. Available at: cambridge.org.

Judicial case illustrating how Article 9 limits minority religious propagation, reinforcing structural disadvantage.

Ashik v. Bandula and Others. Supreme Court of Sri Lanka, 2007. Available at: supremecourt.lk.

Case analysing the tension between secular principles and Article 9’s preferential treatment of Buddhism.

Gunatilleke, Gehan. 2018. Limitations on Fundamental Freedoms in Sri Lanka: Majoritarian Influence of Constitutional Practice. Cambridge University Press. Cambridge Link.

Examines how constitutional practices favour the majority and restrict minority rights.

Schonthal, Christopher. 2017. Pyrrhic Constitutionalism and Religious Constitutionalisation in Sri Lanka. International Journal for Religious Freedom 16 (2): 720–746. Oxford Academic.

Analyses the paradox of constitutionalising religion and its effects on minority groups.

LankaWeb. 2025. Why Sri Lanka Must Reject Foreign Agreements Violating Article 9. Available at: lankaweb.com.

Discusses contemporary political discourse on the prioritisation of Buddhism and its implications for governance.

UK Government. 2025. Country Policy and Information Note: Minority Religious Groups – Sri Lanka. February 2025. Available at: gov.uk.

Highlights the real-world impact of Article 9 on minority religious freedoms and rights.

Gunatilleke, Gehan. 2018. Constitutional Practice of Ethno-Religious Violence in Sri Lanka. Cambridge University Press. Cambridge Link.

Links constitutional design to structural ethno-religious violence.

Comparative Constitutional Studies in South Asia. 2020. Oxford University Press. Oxford Academic.

Provides comparative constitutional analysis with India, Nepal, Pakistan, and Bangladesh for context.