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International Journal of
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VOL. 11, ISSUE 12 (2025)
Constitutionalism and Democratic Governance in South Asia: A Comparative Study of the Constitutions of Sri Lanka and Bangladesh
Authors
Dr. Priyanka Sambhaji Jadhavar, Ganesh Shrirang Nale
Abstract

Constitutionalism in South Asia reflects the complex interaction between democratic ideals, post-colonial state-building and socio-political realities. This research paper undertakes a comparative analysis of the Constitution of the Democratic Socialist Republic of Sri Lanka and the Constitution of the People’s Republic of Bangladesh, two constitutions shaped by colonial legacies, nationalist movements, and aspirations for social justice. Both constitutional frameworks aim to establish democratic governance, guarantee fundamental rights, and ensure the sovereignty of the people, yet they differ significantly in institutional design, treatment of religion, and constitutional amendment processes. The study adopts a doctrinal and comparative methodology, examining constitutional texts, amendments, judicial interpretations, and scholarly literature. It focuses on core constitutional principles such as popular sovereignty, separation of powers, fundamental rights, directive principles of state policy, and judicial review. Special emphasis is placed on the evolving role of the executive and judiciary in shaping constitutional governance in both countries.

The Sri Lankan Constitution is analyzed in the context of its strong executive presidency, unitary structure, and frequent constitutional amendments, which have periodically altered the balance of power among state institutions. In contrast, the Constitution of Bangladesh is examined through its foundational commitment to nationalism, socialism, democracy, and secularism, as well as the development of the basic structure doctrine through judicial intervention to protect constitutional supremacy. The paper argues that while both constitutions formally uphold democratic values and fundamental rights, constitutional practice often reveals tensions between constitutional ideals and political realities. Judicial independence, constitutional morality, and political culture play a decisive role in determining the effectiveness of constitutional governance. The comparative insights offered by this study contribute to broader debates on constitutional design, democratic resilience, and the future of constitutionalism in post-colonial societies.
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Pages:171-173
How to cite this article:
Dr. Priyanka Sambhaji Jadhavar, Ganesh Shrirang Nale "Constitutionalism and Democratic Governance in South Asia: A Comparative Study of the Constitutions of Sri Lanka and Bangladesh". International Journal of Law, Vol 11, Issue 12, 2025, Pages 171-173
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