Legal Services and Laws of Sri Lanka


SLR-1982 Vol.2-P786

SLR - 1982 Vol.2, Page No - 786

BANDARANAIKE
v.
ATTORNEY-GENERAL

SUPREME COURT
SHARVANANDA, J., WANASUNDERA, J., AND VICTOR PERERA, J.
S.C. APPLICATION NO. 104/82
NOVEMBER 25,1982

Constitution Articles 83(5) 83, 84, 85,120,122,123,132-BilltoamendConstitutionCertificateofCabinet-
Jurisdiction of Supreme Court.

A Bill to amend the constitution to provide that the term of the first Parliament be extended wasreferredtotheSupreme
Court for special determination in terms of Article 122(1) of the Constitution. The Secretary totheCabinethadendorsed
the Bill that in the view of the Cabinet it was urgent in the National interest.

The Supreme Court made and communicated the following determination: " The majority of this court is oftheviewthatthe
period of the first Parliament may be extended as proposed by the Draft Bill which is described in its longtitleasbeing
for the amendment of the constitution and is intended to be passed with the specialmajorityrequiredbyArticle83and
submitted to the People by Referendum. In view of this decision Court in terms of Article 120Proviso(b)statesthatit
does not have and exercise any further jurisdiction in respect of the said Bill. ThreemembersoftheCourtarenotin
agreement with the above views."

Following this determination the Bill was passed with the special majority required by Article 83 and wassubmittedtothe
people at a Referendum.

The Petitioneralleged that the Supreme Court had made certain errors and therefore the determination was invalid.
Held -

1) The determination was valid as the reasons were given in the determination.

2) Once the Cabinet of Ministers certifies that the Bill is to be passed by a special majority and submitted tothepeople
at a Referendum the Supreme Court exercise no further jurisdiction.

3) The majority view is the view of the whole Supreme Court assembled.

Cases referred to:
(1) Grindley v. Barker (1978) 1 BOS P 229

(2) Picea Holdings v. London Rent Tribunal (1971) 1 A.E.R. 805.

PETITION for correction of alleged errors in determination of Supreme Court on Urgent Bill referred to it.

Felix R. Dias Bandaranaike

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