National Anthem of Sri Lanka

Vernon Botejue - Senior Attorney at Law

A letter to the Editor published in the Daily News of May 9, 2013 under the caption “Respect for the National Anthem” Reflects “Under British colonial rule in the past days, it was the practice to play the British National Anthem “God Save the King or Queen at all cinemas before the screening of the film, and the audience was expected to keep standing till the playing of the anthem was over” and proceeds to query: “Can that be done with our National Anthem ……? Will film and stage play audiences be disciplined and respect the National Anthem, as at today? “Even at State and other functions, it is found that photographers and officials move about when the National Anthem is sung or instrumentally played. What a pity?” The foregoing questions raised, are not merely rhetorical; but certainly deserve answers in the public interest. Particularly at this point of time when it is no secret that there is agitation by anti national agent provocateurs and certain racist opposition political parties demanding the ‘National Anthem of Sri Lanka’ to be in Tamil, with the sinister object of destroying the peace and harmony that prevails in the whole island today after the scourge of LTTE (Liberation Tigers of Tamil Elam) Terrorism was eradicated root, branch and tree from the soil of Sri Lanka since May 19, 2009.

In the premises it is deemed necessary and expedient to re-view the Law relating to the ‘National Anthem’ of the Democratic Socialist Republic of Sri Lanka for the benefit of the citizens of Sri Lanka, in this discussion.

Official functions

The Constitution of the Democratic Socialist Republic of Sri Lanka (Certified on August 31, 1978) as the ‘Supreme Law’- provides - Article 7. “The ‘National Anthem’ of the Republic of Sri Lanka shall be “Sri Lanka Matha” the words and music of which are set out in the Third Schedule.” Thus it is manifestly evident that the ‘Sri Lanka National Anthem’ is enshrined in the Supreme Law of Sri Lanka and commands respect of all citizens as any other legal enactment.

It is also noteworthy that the English version of the Constitution that is quoted above is a transliteration of the Sinhala version and not a translation. Thus it is evident that it is mandatory that the words and music set out in the ‘Third Schedule' and no variation or alteration thereof is permissible or legal without an amendment of this Mandatory Provision of Law. The question of an amendment shall be discussed in greater detail hereunder.

It is interesting to note that the sanctity granted to the ‘National Anthem of Sri Lanka’ enshrined in the Supreme Law of the country, is not found in the “The Constitutions of the Modern World” published in London as ‘Selected Texts’ in 1968 Edited by Leslie Wolf –Phillips- that includes China, France, Germany, India, Indonesia, Japan, Malawi, Mexico, Soviet Union, United Kingdom of Great Britain, and Northern Ireland, United States of America and Yugoslavia, that were selected’ as the editor says, after much discussion at seminars held.

Struggle for independence

During the colonial era it was the practice of the Ceylonese, as law abiding citizens of the Crown Colony, to sing “God Save The King or Queen” at official functions and school events and as mentioned above, cinema operators played the British Anthem prior to the screening of the film. But this writer re-calls that in the early forties particularly after the commencement of the Second World War in 1939 the cinema operators found that the audience did not stand up for the National Anthem and they adopted a gimmick to play the Anthem at the end of the screening of the film as the audience stood up to leave.

It was known then, that this disrespect for the Anthem was due to an anti colonial attitude that was growing in Ceylon at that point of time in its struggle for independence that was fostered among the people by certain political parties that opposed in particular the involvement of Ceylon in the war. In fact that angered the British Raj to decide to arrest and incarcerate the suspected leaders Philip Gunawardene, Dr N.M. Perera, Dr Colvn R de Silva and Edmund Samarakkody at the Bogambara prison - that is a fact of historical record.

However it is patently clear that respect for one's National Flag and the National Anthem springs from the feeling or spirit of ‘patriotism’ that lies deep within ones own breast, heart and soul and cannot be induced by threat or coercion or by legislation: The Oxford Advanced Learners Dictionary[8th Edition] gives the meaning of ‘patriotism’-“Love of your country and willingness to defend it.” The lines of Poet Sir Walter Scott are apt ; “Breathes there a man with soul so dead who never to himself has said this is my own my native land.” In the context of the Sri Lanka Constitution it is evident that disrespect of the “National Flag” and the “National Anthem” under the ‘Criminal Justice System’ is breaking the law.

Supreme Court of Sri Lanka

The question of respect for the National Anthem is twinned with the respect and allegiance of its citizens for the National Flag of the country they owe allegiance to. Naturally this may be the reason that in the Constitutions of selected countries under reference aforementioned although there is no mention of the National Anthem therein. Sanctity of the National Flag is entrenched in its Constitution for eg. China, Soviet Union and United States of America.

The Constitution of Sri Lanka - Article 6. Provides: “The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Second Schedule.” Naturally the Citizens of Sri Lanka are enjoined to respect and owe allegiance to its National Flag and concomitantly to respect the National Anthem of Sri Lanka ‘Sri Lanka Matha’ set out in the Third Schedule: Which also provides on the reverse side, the requirement of protocol numbered (1) to (8) –What Bars of Music to be played for. Eg (1) Salutes and Toasts –Play First Twelve Bars only etc: that is the responsibility of the organizers of the event or those in charge of the event or function or parade to observe circumspectly. In the premises the organizers are enjoined to be well informed and have a good knowledge of these provisions of the Supreme Law that should be observed by them.

Since certain anti-national elements who are apologists and supporters of the LTTE, including the rump of the LTTE agitate for an amendment of Article 7 of the Constitution enshrining the ‘National Anthem’ it is necessary to examine the issue of amendment in the eye of the Law.

The Supreme Court of India in the Case of Kesawanand Bharati per Chief Justice Sikri observed: “The expression amendment of the Constitution does not enable Parliament to abrogate or take away fundamental rights or to completely change the fundamental features of the constitution so as to destroy its identity. With these limits Parliament can amend every Article.”

It is noteworthy that the Supreme Court of Sri Lanka, following the trend of the decisions of the Indian Supreme Court, has held that “It has the power to hear and determine what constitutes ‘a fundamental or basic feature of the Constitution” in a landmark case.

In the more recent case, that came up before the Supreme Court of Sri Lanka for consideration of the constitutionality of the amendment of Article 9 to make Buddhism the State Religion by way of the 19th Amendment, the Supreme Court held that Article 9 was a basic feature of the Constitution that cannot be amended.

In the premises, this writer is of opinion that Article 7 enshrining the ‘National Anthem – ‘Sri Lanka Matha,’ falls within the ambit of a ‘basic feature’ that enshrines a fundamental right of the people of Sri Lanka in the Constitution and thus it cannot be amended or repealed or tampered with.