Sri Lanka Draft Constitution - Ch 14 to end

Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

Home

Whats New

Trans State Nation

One World

Unfolding Consciousness

Comments

Search

Chandrika's 'Devolution Proposals'

Sri Lanka Draft Constitution - March 1997

XIV. Constitutional Council

XV. Devolution of Power to Regions

XVI. The Judiciary Institutions for the Administration of Justice

XVII. The Independence of the Judiciary

XVIII .The Judiciary Jurisdiction of the Supreme Court and Court of Appeal

XIX. National Public Service

XX. Finance

XXI. Public Security

XXII. Parliamentary Commissioner for Administration and Regional Commissioners for Administration

XXIII. General

XXIV. Transitional Provisions

XXV. Interpretation

XXVI. Repeal and Promulgation
Schedules

Constitutional Council

116. (1) There shall be a Constitutional Council which shall consist of the following:

(e) seven Members of Parliament nominated by the Committee of Selection of Parliament, reflecting as far as practicable the different ethnic and interest groups;

(f) two retired Judges of the Supreme Court or of the Court of Appeal nominated by the Speaker.

(3) A member referred to in sub paragraph (e) of paragraph (1) of this Article shall unless he earlier resigns from office by a letter addressed to the Chairman of the Committee of Selection or is removed from office by such Committee or ceases to be a Member of Parliament, hold office to a period of six years.

Appointment of members of certain Commissions and Public bodies to be on the recommendation of the Constitutional Council.

117. (1) No person shall be appointed as a member of any of the commissions and public bodies specified in Schedule A or as a member of any other public body as Parliament may determine by law, except on the recommendation of the Constitutional Council.

(2) It shall be the duty of the Constitutional Council to recommend to the President, persons for appointment as members of the Commissions or public bodies referred to in Schedule A and in such law whenever the occasion for such appointment arises, and such recommendations shall reflect as far as practicable the different ethnic and interest groups.

Appointment to certain offices to be with the approval of the Constitutional Council.

118. (1) No person shall be appointed to any of the offices specified in Schedule B or as a member of any other public body as Parliament may determine by law, except with the approval of the Constitutional Council.

(2) It shall be the duty of the President to submit for approval to the Constitutional Council, names of persons for appointment to any of the offices referred to in Schedule B or such law whenever the occasion for such appointment arises.

Secretary to the Constitutional Council and procedure at meetings of the Council.

119. (1) There shall be appointed a Secretary to the Constitutional Council appointed by the Council.

(2) The Constitutional Council shall meet as often as may be necessary to perform the duties imposed on such Council by the provisions of this Chapter and such meetings shall be summoned by the Secretary to the Constitutional Council.

(3) The Chairman shall preside at all meetings of the Constitutional Council and in the absence of the Chairman from any meeting of the Constitutional Council, the Prime Minister shall preside at such meeting. In the absence of both Chairman and Prime Minister from any meeting of the Constitutional Council, a member elected by the members present at such meeting shall preside at such meeting.

(5) The Constitutional Council shall endeavour to make every recommendation or approval it is required to make, by unanimous decision. In the absence of a unanimous decision, the decision of the majority shall prevail.

(6) In the event of an equality of votes on any question for decision at any meeting of the Constitutional Council, the member presiding at such meeting shall have a casting vote.

(7) Subject to the preceding provisions of this Article, the Constitutional Council may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

120. The Constitutional Council shall also perform and discharge such other duties and functions as are prescribed by this Constitution or by law.

The Judiciary - Institutions for the Administration of Justice

145. (1) Subject to the provisions of the Constitution, the institutions for the administration of justice which protect, vindicate and enforce the rights of the people shall be -

(a) the Supreme Court of the Republic of Sri Lanka, which shall be the highest and final Superior Court of record in the Republic;

(d) such courts of First Instance, tribunals or institutions as Parliament may from time to time ordain and establish.

(2) Subject to the provisions of the Constitution, all courts, tribunals and institutions created and established by existing written law for the administration of justice and for the adjudication and settlement of industrial and other disputes, shall be deemed to be courts, tribunals and institutions created and established by Parliament. Parliament may replace or abolish, or amend the powers, duties, jurisdiction and procedure of, such courts, tribunals and institutions.

(3) The Supreme Court, the Court of Appeal, the Regional High Courts and the courts, tribunals and institutions referred to in this Chapter shall have and exercise such powers and jurisdiction conferred on such Courts, Tribunals and Institutions by the Constitution, or subject to the provisions of the Constitution, by existing law as well as any such powers and jurisdiction, appellate or original, as Parliament may by law vest and ordain.

(4) The Supreme Court of the Republic of Sri Lanka and the Court of Appeal of the Republic of Sri Lanka shall each be a superior court of record and shall have all the powers of such court including the power to punish for contempt of itself, whether committed in the court itself or elsewhere, with imprisonment or fine or both as the court may deem fit. The power of the Court of Appeal shall include the power to punish for contempt of any other court, tribunal or institution referred to in sub-paragraphs (c) and (d) of paragraph (1) of this Article, whether committed in the presence of such court or elsewhere: Provided that the preceding provisions of this Article shall not prejudice of affect the rights now or hereafter vested by any law in such other court, tribunal or institution to punish for contempt of itself.

(5) Parliament may by law provide for the creation and establishment of courts, tribunals, or institutions for the adjudication and settlement of matters relating to the discipline of bhikkhus or any dispute between bhikkhus or any other dispute relating to the performance of services in, or in relation to, temples. Such law may, notwithstanding anything to the contrary in this Constitution make provision:

(a) for the appointment, transfer, dismissal and disciplinary control of the member or members of such courts, tribunals or institutions by President or by such other person or body of persons as may be provided for in such law;

(b) for the exclusion of the jurisdiction of any other institution referred to in paragraph (1) of this Article in relation to such matters and disputes.

In this paragraph the expressions ``bhikku'' and ``temple'' shall have the same meanings as in the Buddhist Temporalities Ordinance, as at the commencement of the Constitution.

The Supreme Court and the Court of Appeal
Constitution of the Supreme Court.

146. (1) The Supreme Court shall consist of the Chief Justice and not less than six and not more than ten other judges who shall be appointed as provided for in Article 149.

(2) The Supreme Court shall have power to act notwithstanding any vacancy in its membership. No act or proceeding of the court shall, or shall be deemed to be, invalid by a reason only of any such vacancy or any defect in appointment of a judge.

(3) The several jurisdictions of the Supreme Court shall be ordinarily exercised at Colombo, unless the Chief Justice otherwise directs.

(4) The jurisdiction of the Supreme Court may be exercised in different matters at the same time by the several judges of that Court sitting apart:

Provided that its jurisdiction shall, subject to the provisions of the Constitution, ordinarily be exercised at all times by not less than three judges of the court sitting together as the Supreme Court.

(c) on the application on a party to any appeal, proceeding or matter, if the question involved is in the opinion of the Chief Justice, one of general and public importance,

direct that such appeal, proceeding or matter be heard by a Bench comprising of five or more judges of the Supreme Court.

(6) The judgement of the Supreme Court shall, when it is not a unanimous decision be the decision of the majority.

(7) Any party proceedings in the Supreme Court in the exercise of its jurisdiction shall have the right to be heard in such proceedings either in person or by representation by an Attorney-at-law.

(8) The Supreme Court may in its discretion, grant to any other person or his legal representative, such hearing as may appear to the court to be necessary in the exercise of its jurisdiction.

(9) The Registrar of the Supreme Court shall be in charge of an officer designated the Registrar of the Supreme Court who shall be subjected to the supervision, direction and control of the Chief Justice.

(10) Subject to the provisions of this Constitution, Parliament may by law confer any additional jurisdiction and powers on the Supreme Court and may vary or remove any jurisdiction of power vested in the Supreme Court by any written law other than by this Constitution.

147. (1) Subject to the provisions of the Constitution and of any law the Chief Justice with any three Judges of the Supreme Court nominated by him, may, from time to time, make rules regulating generally the practice and procedure of the Court including:

(a) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the terms under which appeals to the Supreme Court, Court of Appeal, and the Regional High Courts are to be entertained and provision for the dismissal of such appeals for non-compliance with such rules;

(b) rules as to the proceedings in the Supreme Court, Court of Appeal, and the Regional High Courts in the exercise of the several jurisdictions conferred on such Courts by the Constitution or by any law, including the time within which such matters may be instituted or brought before such Courts and the dismissal of such matters for non- compliance with such rules;

(d) rules providing for the summary determination of any appeal or any other matter before such Court by petition or otherwise, which appears to the Court to be frivolous and vexatious or brought for the purpose of delay;

(e) the preparation of copies of records for the purpose of appeal or other proceedings in the Supreme Court, Court of Appeal, and the Regional High Courts;

(f) the admission, enrolment, suspension and removal of attorneys- at-law and the rules of conduct and etiquette for such attorneys-at- law;

(g) the attire of Judges, attorneys-at-law, officers of Court and persons attending the Courts in Sri Lanka whether established by the constitution, or by Parliament or by existing law;

(h) the manner in which panels of jurors may be prepared, and the mode of summoning, empanelling and challenging of jurors;

(i) proceedings of Fiscal and other ministerial officers of such Courts and the process of such Courts and the mode of executing the same;

(k) all matters of practice and procedure including the nature and extent of costs that may be awarded, the manner in which such costs may be taxed and the stamping of documents in the Supreme Court, Court of Appeal, Regional High Courts, and Courts of First Instance not specially provided by or under any law.

(2) Every rule made under this Article shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such rule.

(3) All rules made under this Article shall as soon as convenient after their publication in the Gazette be brought before Parliament for approval. Any such rule which is not so approved shall be deemed to be rescinded as from the date it was not so approved, but without prejudice to anything previously done thereunder.

(4) the Chief Justice and any three Judges of the Supreme Court nominated by him may amend, alter or revoke any such rules of Court and such amendment, alteration or revocation of the rules will operate in the like manner as set out in the preceding paragraph with reference to the making of the rules of Court.

(5) All rules made under Article 136 of the 1978 Constitution and in force immediately prior to the commencement of the Constitution shall, mutatis mutandis, be deemed to be rules made and approved under this Article. The rules relating to the Court of Appeal shall, mutatis mutandis, apply to the Regional High Courts in the exercise of their respective appellate, revisionary and writ jurisdictions, and to appeals from Regional High Courts to the Supreme Court and the Court of Appeal.

(6) For the avoidance of doubts it is hereby declared that in the event of any inconsistency between a rule made under this Article and the provision of any law, the provisions of such law shall prevail.

148. (1) The Court of Appeal shall consist of the President of the Court of Appeal and not less than six and not more than eleven judges who shall be appointed as provided in Article 149.

(2) The Court of Appeal shall ordinarily exercise its jurisdiction at Colombo: Provided however, that the Chief Justice may, from time to time when he deems it so expedient direct that the Court of Appeal shall hold its sittings and exercise its jurisdiction in any region, judicial zone or district specified in the direction.

(3) The jurisdiction of the Court of Appeal may be exercised in different matters at the same time by the several judges of the Court sitting apart:

(i) judgements and orders of a Regional High Court pronounced at a trial at Bar, shall be exercised at least three judges of the Court; and

(ii) other judgements and orders of a Regional High Court, shall be exercised by at least two judges of the Court;

(b) its jurisdiction to try election petitions in respect of the election to membership of Parliament or a Regional Council, shall be exercised by the President of the Court of Appeal or any judge of that court nominated by the President or two or more of such judges nominated by the President of whom such President may be one;

(c) its jurisdiction in respect of other matters shall be exercised by a single judge of the court unless the President of the Court of Appeal by general or special order, otherwise directs.

(4) In the event of any difference of opinion between two judges constituting the Bench, the matter shall be considered by a Bench of three judges.

(5) The judgement of the Court of Appeal shall, when it is not an unanimous decision, be the decision of the majority.

(6) The Registry of the Court of Appeal shall be in charge of an officer designated the Registrar of the Court of Appeal who shall be subject to the supervision, direction and control of the President of the Court of Appeal.

(7) Subject to the provisions of this Constitution, Parliament may by law confer any additional jurisdiction and powers on the Court of Appeal and may vary or remove any jurisdiction or power vested in the Court of Appeal by any written law other than by this Constitution.

The Independence of the Judiciary

Appointment, resignation and removal of Judges of the Supreme Court and Court of Appeal.

149. (1) The Chief Justice shall be appointed by the President by warrant under his hand.

(2) The President of the Court of Appeal and every other Judge of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand after ascertaining the views of the Chief Justice.

(3) The Chief Justice and every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity:

Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament unless -

(a) notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity; and

(b) an inquiry has been held by a Committee consisting of three persons who hold or have held office as a Judge of the Supreme Court or the Court of Appeal and appointed by the speaker to inquire into allegations of misbehaviour or incapacity made against such Judge, and such Committee has determined that a prima facie case of misbehaviour or incapacity has been established against such Judge. In the case of an inquiry in respect of the Chief Justice, the Committee shall consist of three persons each of whom hold, or have held, office as a Judge in the highest court of any Commonwealth country.

(4) Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address including the procedure for the passing of such resolution, the holding of inquiries by a Committee of Parliament for the investigation and proof of the alleged misbehaviour and incapacity and the right of such Judge to appear before and be heard by such Committee in person or by representative.

(5) Every person appointed to be or to act as Chief Justice, President of the Court of Appeal or a Judge of the Supreme Court or Court of Appeal shall not enter upon the duties of his office until he takes and subscribes or makes and subscribes before the President, the oath or the affirmation set out in the ... Schedule.

(6) A Judge of the Supreme Court or of the Court of Appeal shall be entitled to hold office until he reaches the age of sixty five years:

Provided however any such judge may opt to retire on completion of such period of service as would entitle him to the grant of a pension under the Minute on Pensions or resign his office by a writing under his hand addressed to the President, prior to reaching such age.

150. (1) The salaries of the Judges of the Supreme Court and of the Court of Appeal shall be determined by Parliament and shall be charged on the Consolidated Fund.

(2) The salary payable to, and the pension entitlement of, a Judge of the Supreme Court and a Judge of the Court of Appeal shall not be reduced after his appointment.

151. (1) If the Chief Justice or the President of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office by reason of illness, absence from Sri Lanka or any other cause, the President shall appoint, another judge of the Supreme Court, or of the Court of Appeal, as the case may be, to act in the office of Chief Justice, or President of the Court of Appeal, as the case may be, during such period.

(2) If any Judge of the Supreme Court or of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the President may appoint another person to act as a Judge of the Supreme Court, or Court of Appeal, as the case may be, during such period.

152. (1) A Judge of the Supreme Court or Court of Appeal may be required by the President of the Republic to perform or discharge any other appropriate duties or functions under any written law.

(2) No Judge of the Supreme Court or Court of Appeal shall perform any other office (whether paid or not) or accept any place of profit or emolument, except as authorised by the Constitution or by written law or with the written consent of the President.

(3) No person who had held office as a permanent Judge of the Supreme Court or of the Court of Appeal may appear, plead, act or practice in any court, tribunal or institution as an attorney-at-law at any time after retirement or resignation without the written consent of the President or accept any place of profit in the public service.

153. (1) Every Judge of a Regional High Court shall be appointed by the President of the Republic by warrant under his hand after ascertaining the views of the Chief Justice, and shall be removable, and be subject to disciplinary control, by the President on the recommendation of the National Judicial Service Commission.

(2) Every person appointed as a Judge of a Regional High Court shall not enter upon the duties of his office until he takes and subscribes, or makes and subscribes, the oath or affirmation set out in... Schedule.

(3) The Judge of a Regional High Court shall be entitled to hold office until he reaches the age of sixty five years:

Provided however that any such Judge may opt to retire on completion the period of service which entitles him for the grant of a pension under the Minute on Pensions, or resign from his office by writing under his hand addressed to the President, prior to reaching such age.

(4) A Regional High Court Judge may be transferred by the President on the recommendation of the Chief Justice.

154. (1) There shall be a National Judicial Service Commission (in his Chapter referred to as the ``Commission'') appointed by the President of the Republic which shall consist of the Chief Justice who shall be the chairman and two other Judges of the Supreme Court, appointed by the President, one of whom shall have been a judicial officer with original Court experience.

(3) The Commission shall have power to act notwithstanding any vacancy in its membership, and no act or proceeding by the Commission shall, or be deemed to be, invalid by reason only of any such vacancy or any defect in the appointment of a member.

(4) A Judge appointed as a member of the Commission shall, unless he earlier resigns his office or is removed therefrom as hereinafter provided or ceases to be a Judge of the Supreme Court, hold office for a period of five years from the date of his appointment, but shall be eligible for reappointment.

(5) The President may for cause assigned remove from office any member of the Commission appointed by him.

(6) The President may grant to any member of the Commission leave from his duties, and may appoint a person qualified to be a member of the commission to be a temporary member for the period of such leave.

(7) A member of the Commission may be paid such salary or allowance as may be determined by Parliament. Any salary or allowance payable to a member shall be charged on the Consolidated Fund and shall not be diminished during his term of office. The salary so payable shall be in addition to the salary or other emoluments attached to, and received from, his substantive appointment.

(a) advise a Regional Judicial Service Commission whenever such Regional Judicial Service Commission seeks the advice of the Commission on any matter relating to the exercise by such Regional Judicial Service Commission of the power conferred on it by this Constitution;

(b) make rules regarding schemes for recruitment and procedure for the appointment of scheduled public officers;

(c) determine the principles and procedure to be followed by Regional Judicial Service Commissions in the exercise of the powers of appointment, transfer, dismissal and disciplinary control of Judicial Officers and scheduled regional public officers conferred on such Commissions by the Constitution, including formulation of schemes of recruitment, and principles to be followed in making promotions and transfers, relating to such Judicial Officers and scheduled regional public officers;

(d) determine the principles to be followed by Regional Public Service Commissions in giving directions to judicial officers as to the proper and efficient administration of the Courts to which such judicial officers are appointed;

(e) make provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of such Commission.

155. There shall be a Secretary to the Commission who shall be appointed, for a period not exceeding three years, by the Judicial Service Commission. The Secretary shall be appointed from among senior judicial officers appointed by Regional Judicial Service Commissions.

Appointment, transfer, disciplinary control of Judicial Officers and scheduled Public Officers.

156. (1) The transfer from one Region to another, of judicial officers appointed by Regional Judicial Service Commissions, and notwithstanding, anything to the contrary in Chapter XIX, the appointment, transfer, dismissal and disciplinary control of scheduled public officers, is vested in the Commission.

(2) The Commission may, by Order published in the Gazette, delegate to the Secretary to the Commission the power to make all transfers, other than transfers involving increase of salary, of scheduled public officers or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

(3) The Chairman of the Commission or any Judge of the Supreme Court, or Court of Appeal authorised by the Chairman of the Commission, shall have full power and authority to inspect any Court of First Instance or the records, registers or other documents maintained in such court and to hold such inquiry as may be necessary.

``scheduled public officer'' means the Registrar of the Supreme Court, the Registrar of the Court of Appeal, the Fiscal, or any public officer employed in the Registry of the Supreme Court, or the Court of Appeal, included in a category specified in the Fifth Schedule or in such other categories as may be specified by Order made by the Minister in charge of the subject of Justice, and approved by Parliament and published in the Gazette.

Interference with National Judicial Service Commission or Regional Judicial Service Commission, an offence.

157. Every person who, otherwise than in the course of his duty directly or indirectly by himself or by any other person, in any manner or indirectly by himself or by any other person, in any manner whatsoever, influences or attempt to influence any decision of the Commission or of any member thereof, or a Regional Judicial Service Commission or of any member thereof, shall be guilty of an offence and shall on conviction, by the High Court after trial without a jury, be liable to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and imprisonment:

Provided that nothing in this Article shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any judicial office.

158. (1) Every Judge, presiding officer, public officer or other person entrusted by law with judicial powers or functions under this Chapter or with similar functions under any law enacted by Parliament shall exercise and perform such powers and functions without being subject to any direction or other interference proceeding from any other person except a superior court, tribunal, institution or other person entitled under law to direct or supervise such judge, presiding officer, public officer or such other person in the exercise or performance of such powers or functions.

(2) Every person who, without legal authority, interferes or attempts to interfere with the exercise or performance of the judicial powers of functions or any judge, presiding officer, public officer or such other person as is referred to in paragraph (1) of this Article, shall be guilty of an offence punishable by the High Court on conviction after trial without a jury with imprisonment of either description for a term which may extend to a period of one year or with fine or with both such imprisonment and fine and may, in addition, be disqualified for a period not exceeding seven years from the date of such conviction from being an elector and from voting at a Referendum or at any election of Members of Parliament or of Members of a Regional Council or any local authority or from holding any public office and from being employed as a public officer or as an officer in a regional Public Service.

159. No suit or proceedings shall lie against any member of the Commission for any act which in good faith is done or is purported to be done by him in the performance of his duties or discharge of his functions under the Constitution.

160. There shall be a Fiscal who shall be the Fiscal for the whole Island and shall exercise supervision and control other Deputy Fiscal attached to all Courts.

The Judiciary -
Jurisdiction of the Supreme Court and
Court of Appeal

161. The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether any Bill or any provision thereof is inconsistent with the Constitution:

(a) in the case of a Bill described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 95;

(b) where the Cabinet of Ministers certifies that a Bill, which is described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 94 and submitted to the People by Referendum, the Supreme Court shall have and exercise no jurisdiction in respect of such Bill;

(c) where the Cabinet of Ministers certifies that a Bill which is not described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution, is intended to be passed with the special majority required by Article 96, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 95 or whether such Bill is required to comply with paragraphs (1) and (2) of Article 94; or

(d) where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 96 the only question which the Supreme Court may determine is whether any other provisions or such Bill requires to be passed with the special majority required by Article 96 or whether any provision of such Bill requires the approval by the People at a Referendum by virtue of the provisions of Article 95 or whether such Bill is required to comply with the provisions of paragraph (1) and (2) of Article 94.

162. (1) The jurisdiction of the Supreme Court to ordinarily determine any such question as aforesaid may be invoked by the President by a written reference addressed to the Chief Justice, or by any citizen by a petition in writing addressed to the Supreme Court. Such reference shall be made, or such petition shall be filed, within one week of the Bill being placed on the Order Paper of Parliament, and a copy thereof shall at the same time be delivered to the Speaker. In this paragraph ``citizen'' includes a body, whether incorporated or unincorporated or, if not less than three-fourths of the members of such body are citizens.

(2) Where the jurisdiction of the Supreme Court has been so invoked no proceedings shall be had in Parliament in relation to such Bill until the determination of the Supreme Court has been made, or the expiration of a period of three weeks from the date of such reference or petition, which ever occurs first.

(3) The Supreme Court shall make and communicate its determination to the President and to the Speaker within three weeks of the making of the reference or the filing of the petition, as the case may be.

163. (1) In the case of a Bill which is, in the view of the Cabinet of Ministers, urgent in the national interest, and bears an endorsement to that effect under the hand of the Secretary to the Cabinet of Ministers -

(a) the provisions of Article 89 (1) and Article 162, shall subject to the provisions of paragraph (2) of this Article, have no application;

(b) the President shall by a written reference addressed to the Chief Justice, require the special determination of the Supreme Court as to whether the Bill or any provision thereof is inconsistent with the Constitution. A copy of such reference shall at the same time be delivered to the Speaker;

(c) the Supreme Court shall make its determination within twenty- four hours (or such longer period not exceeding three days as the President may specify) of the assembling of the Court, and shall communicate its determination only to the President and the Speaker.

(2) The provisions of paragraph (2) of Article 162 shall, mutatis mutandis, apply to such Bill.

164. (1) The determination of the Supreme Court shall be accompanied by the reasons therefor, and shall state whether the Bill or any provisions thereof in inconsistent with the Constitution and if so, which provision or provisions of the Constitution.

(2) Where the Supreme Court determines that the Bill or any provision thereof is inconsistent with the Constitution, it shall also state -

(a) whether such Bill is required to comply with the provisions of paragraphs (1) and (2) of Article 94, or

(b) whether such Bill or any provision thereof may only be passed by the special majority required under the provisions of paragraph (2) of Article 96; or

(c) whether such Bill or any provision thereof requires to be passed by the special majority required under the provisions of paragraph (2) of Article 96 and approved by the People at a referendum by virtue of the provisions of Article 95,

and may specify the nature of the amendments which would make the Bill or such provision cease to be inconsistent.

(3) In the case of a Bill endorsed as provided in Article 163, if the Supreme Court entertains a doubt whether the Bill or any provision thereof is inconsistent with the Constitution, it shall be deemed to have been determined that the Bill or such provision of the Bill is inconsistent with the Constitution and the Supreme Court shall comply with the provisions of paragraphs (1) and (2) of this Article.

(4) Where any Bill or any provision of any Bill has been determined to be inconsistent with the Constitution, such Bill or such provision shall not be passed except in the manner stated in the determination of the Supreme Court:

Provided that it shall be lawful for such Bill to be passed after such amendment as would make the Bill cease to be inconsistent with the Constitution.

165. (1) The Supreme Court shall, on its jurisdiction being invoked under paragraph (2) and subject to the provisions of this Article, have sole and exclusive jurisdiction to determine whether any Act of Parliament passed after the commencement of this Constitution or any provision thereof is inconsistent with any provision of Chapter III of this Constitution and where it so determines, to declare that Act or provision void to the extent of that inconsistency, without prejudice to anything previously done thereunder.

(2) The jurisdiction of the Supreme Court to determine any such question as aforesaid, may be invoked by any citizen by a petition in writing addressed to the Supreme Court filed within two years of the enactment of the Bill by Parliament. In this paragraph ``citizen'' includes a body, whether incorporated or unincorporated, if not less than three fourths of the members of such body are citizens.

(3) Save as otherwise provided in Article 161, 162, 163 and this Article, no Court or Tribunal created and established for the administration of justice or other institution, person or body of persons shall in relation to any Bill, have power or jurisdiction to inquire into or pronounce upon, the constitutionality of such Bill or its due compliance with the legislative process on any ground whatsoever.

166. (1) The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether in Statute passed by a Regional Council or any provision thereof is inconsistent with the Constitution.

(2) The jurisdiction of the Supreme Court to ordinarily determine any such question as aforesaid shall be invoked by a Regional Attorney General by a petition in writing addressed to the Supreme Court, in every case where such Regional Attorney General has communicated an opinion to the Governor, the Chief Minister and the Board of Ministers of the Region, prior to the passing of that Statute, that the draft statute or any provision thereof is inconsistent with the Constitution, and the Statute has been passed despite such opinion.

(3) Where the jurisdiction of the Supreme Court has been so invoked in respect of a Statute, such Statute shall be inoperative until the Supreme Court has made a determination thereon as to its consistency with the Constitution.

(4) The Supreme Court shall make and communicate its determination to the President and to the Speaker of the Regional Council making such statute.

(5) Whenever any question as to whether a Statute passed by a Regional Council or any provision thereof is inconsistent with the Constitution arises in the course of any proceedings in any Court or tribunal or other institution empowered by law to administer justice or to exercise judicial or quasi-judicial functions, such question shall forthwith be referred to the Supreme Court for determination. The Supreme Court may direct that further proceedings be stayed pending the determination of such question.

(6) Where the Supreme Court determines that a Statute is inconsistent with any provision of the Constitution it may declare such Statute or provision thereof void to the extent of such inconsistency.

Constitutional Jurisdiction in respect of the interpretation of the Constitution.

167. (1) The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution, and accordingly, whenever any such question arises in the course of any proceedings in any Court or tribunal or other institution empowered by law to administer justice or to exercise judicial or quasi-judicial functions, such question shall forthwith be referred to the Supreme Court for determination. The Supreme Court may direct that further proceedings be stayed pending the determination of such question.

(2) The Supreme Court may, when determining such matter, also make any such consequential Order as the circumstances of the case may require.

168. (1) The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement by State action including executive or administrative action, of any fundamental right or language right declared and recognised by Chapter III or Chapter IV or by judicial action by courts exercising original criminal jurisdiction, of a fundamental right declared and recognised under Article 10.

(2) Where any person alleges that any such fundamental right or language right relating to such person has been infringed or is about to be infringed by State action including executive or administrative action, or by judicial action he may himself or by an Attorney-at-law or a person or a body of persons in terms or Article 26, on his behalf, within three months thereof, in accordance with such rules of Court as may be in force, apply to the Supreme Court by way of petition in writing addressed to such Court praying for relief or redress in respect of such infringement. Such application may be proceeded with only with leave to proceed first had an obtained from the Supreme Court, which leave may be granted or refused as the case may be by not less than two Judges of such Court.

(3) Where in the course of hearing in any Court, of an application for orders in the nature of a writ of habeas corpus, Certiorari, prohibition, mandamus or quo warranto, it appears to such Court that there is prima facie evidence of an infringement or imminent infringement of the provisions of Chapter III or Chapter IV by a party to such application, such Court shall forthwith refer such matter for determination by the Supreme Court.

(4) The Supreme Court shall have power to grant such relief or make such directions as it may deem just and equitable in the circumstances in respect of any petition or reference referred to in paragraphs (2) or (3) of this Article or refer the matter back to the Court if, in its opinion, there is no infringement of a fundamental right or language right.

Provided that in the case of an infringement of a fundamental right by judicial action no order for compensation or costs shall be made against a judicial officer who had acted bona fide and the Supreme Court may order the State to pay any compensation or costs.

(5) Where at the hearing of a petition or reference referred to in paragraph (2) or (3) there are any disputed questions of fact, the Supreme Court may refer such questions to the Human Rights Commission or other appropriate body or person for inquiry and report.

(6) The Supreme Court shall hear and finally dispose of any petition or reference under this Article as expeditiously as possible and in any event, not later than three months of the filing of the petition or the making of the reference, as the case may be. In computing the period of three months, any period taken for inquiry and report by the Human Rights Commission or any other body or person referred to in paragraph (5) shall be excluded.

169. (1) If at any time it appears to the President of the Republic that a question of law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court, upon it he may refer that question to that Court for consideration and the Court may, after such hearing as it thinks fit, within the period specified in such reference or within such time as may be extended by the President, report to the President its opinion thereon.

(2) Every proceeding under paragraph (1) of this Article shall be held in private unless the Court for special reasons otherwise directs.

170. The Supreme Court shall have to power hear and determine and make such orders as are provided for by law on any legal proceeding relating to the validity of a referendum.

171. The Supreme Court shall have, according to law, the power to make cognisance of, and punish, any person for the breach of the privileges of Parliament.

172. (1) The Supreme Court shall, subject to the Constitution, be the final Court of civil and criminal appellate jurisdiction for and within the Republic of Sri Lanka for the correction of all errors in fact or in law which shall be committed by the Court of Appeal in any case or by a Regional High Court in the exercise of its appellate or revisionary jurisdiction or by or any Court of First Instance, tribunal or other institution from which a right of appeal direct to the Supreme Court has been provided by law and the judgements and orders of the Supreme Court shall in all cases be final and conclusive in all such matters.

(2) The Supreme Court shall, in the exercise of its jurisdiction, have sole and exclusive cognisance by way of appeal, where any appeal lies in law to the Supreme Court, from any order, judgement, decree, or sentence made by -

(b) Regional High Court in the exercise of appellate or revisionary jurisdiction, and it may affirm, reverse or vary any such order, judgement, decree or sentence of the Court of Appeal, or a Regional High Court or of any court of first instance, tribunal or institution where a right of appeal direct to the Supreme Court has been provided by law, and may issue such directions to any Court of First Instance, tribunal or institution or order a new trial or further hearing in any proceedings as the justice of the case may require, and may also call for and admit fresh or additional evidence if the interests of justice so demands and may in such event, direct that such evidence be recorded by the Court of Appeal, a Regional High Court or any Court of First Instance.

173. (1) An appeal shall lie to the Supreme Court from any final order, Judgement, decree or sentence of

(b) a Regional High Court in the exercise of appellate or revisionary jurisdiction,

In any matter or proceedings, whether civil or criminal, which involves a substantial question of law, if the Court of Appeal, or the Regional High Court, as the case may be, grants leave to appeal to the Supreme Court ex mero motu or at the instance of any aggrieved party to such matter or proceedings;

(2) The Supreme Court may, in its discretion, grant special leave to appeal to the Supreme Court from any final or interlocutory order, judgement, decree, or sentence made by the Court of Appeal, or by a Regional High Court in the exercise of its appellate or revisionary jurisdiction, in any matter or proceedings, whether civil or criminal, where such Court has refused to grant leave to appeal to the Supreme Court, or where in the opinion of the Supreme Court, the case or matter is fit for review by the Supreme Court.

Provided that the Supreme Court shall grant leave to appeal in every matter or proceedings in which it is satisfied that the question to be decided is of public or general importance.

(3) An appeal shall lie directly to the Supreme Court on any matter and in the manner specifically provided for by any other law passed by Parliament.

174. The Chief Justice may, on application made within a reasonable time, by an aggrieved party direct that any judgement pronounced, or order made, by the Supreme Court be reviewed by a fuller bench of judges where the question involved relates to the interpretation of the Constitution and which question had not been considered in such judgement or order.

175. The Attorney-General shall be noticed and have the right to be heard in all proceedings in the Supreme Court in the exercise of its jurisdiction under Articles 161, 162, 163, 165, 166, 167, 168, 169, 170 and 171 of the Constitution.

176. The Supreme Court shall give priority to the hearing and determination of any matter in respect of which its jurisdiction under this Chapter is invoked and shall, subject to any stipulation as to time specified by Articles 161 to 172 in this Chapter, dispose of such matter as expeditiously as possible.

177. (1) The Court of Appeal shall have and exercise subject to the provisions of the Constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be committed by a Regional High Court in the exercise of its original jurisdiction and by any Court of First Instance, tribunal or other institution and sole and exclusive cognisance, by way of appeal, revision and restitutio in integrum, of all causes, suits, actions, prosecutions, matters and things of which such Court, tribunal or other institution may have taken cognisance;

Provided that no judgement, decree or order of any court shall be reversed or varied on account of any error, defect or irregularity, which has not prejudiced the substantial rights of the parties or occasioned a failure of justice.

(2) The Court of Appeal shall also have and exercise all such powers and jurisdiction, appellate and original, as Parliament may by law vest or ordain.

178. (1) The Court of Appeal may in the exercise of its jurisdiction affirm, reverse, correct or modify any order, judgement, decree or sentence according to law or it may give directions to such Court, tribunal or other institution or order a new trial or further hearing upon such terms as the Court of Appeal shall think fit.

(2) The Court of Appeal may further receive and admit new evidence additional to, or supplementary of, the evidence already taken in such Court touching the matters at issue in any original case, suit, prosecution or action, as the justice of the case may require.

179. Subject to the provisions of the Constitution, the Court of Appeal shall have full power and authority to inspect and examine the records of any Court of First Instance or tribunal or other institution, and grant and issue according to law, orders in the nature writs of certiorari, prohibition, mandamus and quo warranto against the judge of any Court of First Instance or tribunal or other institution or any other person;,

Provided that Parliament may by law provide that in such category of cases as may be specified in such law, the jurisdiction conferred on the Court of Appeal by this Article shall be exercised by the Supreme Court and not by the Court of Appeal.

Powers to issue writs of habeas corpus. 180. The Court of Appeal may grant and issue orders in the nature of writs of habeas corpus to bring up before such Court.

(b) the body of any person illegally or improperly detained in public or private custody, and to discharge or remand any person so brought up or otherwise deal with such persons according to law;

Provided that it shall be lawful for the Court of Appeal to require the body of such person to be brought up before the most convenient Court of First Instance and to direct the judge of such Court to inquire into and report upon the acts of the alleged imprisonment or detention and to make such provision for the interim custody of the body produced as to such court shall seem right; and the Court of Appeal shall upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or detained or otherwise deal with such person according to law, and the Court of First Instance shall conform to, and carry into immediate effect, the order so pronounced or made by the Court of Appeal;

Provided further, that if provision be made by law for the exercise by any court of jurisdiction in respect of the custody and control of minor children, then the Court of Appeal, if satisfied that any dispute regarding the custody of any such minor child may more properly be dealt with by such court, direct the parties to make application in that court in respect of the custody of such minor child.

(i) that a prisoner detained in any prison be brought before a court-martial or any Commissioners acting under the authority of any commission from the President of the Republic for trial or to be examined relating to any matters pending before any such court-martial or Commissioners respectively; or

(ii) that a prisoner detained in prison be removed from one custody to another for purpose of trial.

182. The Court of Appeal shall have the power to grant and issue injunctions to prevent any irremediable mischief which might ensure before a party making an application for such injunction could prevent the same by bringing an action in any Court of First Instance:

Provided that it shall not be lawful for the Court of Appeal to grant an injunction to prevent a party to any action in any court from appealing to or prosecuting an appeal to the Court of Appeal or to prevent any party to any action in any court from insisting upon any ground of action, defense or appeal, or to prevent any person from suing or prosecuting in any court, except where such person has instituted two separate actions in two different courts for and in respect of the same cause or action, in which case the Court of Appeal shall have the power to intervene by restraining him from prosecuting one or other of such actions as to it may seem fit.

183. The Court of Appeal shall have and exercise jurisdiction to try election petitions in respect of the election to the membership of Parliament or to a Regional Council in terms of any law for the time being applicable in that behalf.

184. The Court of Appeal may, ex memo motu or on any application made, call for, inspect and examine any record pertaining to the exercise of original jurisdiction by a Regional High Court and any record of any Court of First Instance and in the exercise of its revisionary powers may make any order thereon as the interests of justice may require.

Constitutional Council

The Judiciary - Institutions for the Administration of Justice

The Independence of the Judiciary

The Judiciary - Jurisdiction of the Supreme Court and Court of Appeal

The Judiciary -
Jurisdiction of the Supreme Court and
Court of Appeal