තවත් අපූරු ඡන්දයක් නිම විය. එය කරුණු රැසක් නිසා අපූර්ව වේ. සමහරු කියන පරිදි රදලයන්ගේ දේශපාලනයේ අවසානයක් (තාවකාලිකව හෝ) ඉන් සිදු විය. වැඩ කරන ජනයාගේ, නිර්ධන පංතියේ නායකයෙකු හා පක්ෂයක් බලයට පත් වීමද සුවිශේෂී වේ. රටේ මෙතෙක් සිදු වූ සකල විධ අපරාධ, දූෂන, භීෂන සොයා දඩුවම් කරනවා යැයි සමස්ථ රටවැසියා විශ්වාස කරන පාලනයක් ඇති විය. තවද, බහුතර කැමැත්ත නැති (එනම් 43%ක කැමැත්ත ඇති) ජනපතිවරයකු පත් විය. ජවිපෙ නායකයෙක් "තෙරුවන් සරණයි" කියා පැවසීමත් පුදුමය. මේ සියල්ල ලංකා ඉතිහාසයේ පලමු වරට සිදු වූ අපූරු දේශපාලන සංසිද්ධි වේ. මාද විවිධ හේතුන් මත අනුරට විරුද්ධව මෙවර තර්ක විතර්ක, සංවාද විවාද, හා "මඩ" යහමින් ගැසූ තත්වයක් මත වුවද, ඔහු දැන් රටේ ජනපති බැවින් ඔහුට පලමුව සුබ පතමි. ඔහුට විරුද්ධව වැඩ කලත්, මා (කිසිදා) කිසිදු පක්ෂයකට හෝ පුද්ගලයකුට කඩේ ගියේද නැති අතර අඩුම ගණනේ මාගේ ඡන්දය ප්‍රකාශ කිරීමටවත් ඡන්ද පොලට ගියෙ නැත (ජීවිතයේ පලමු වරට ඡන්ද වර්ජනයක). උපතේ සිටම වාමාංශික දේශපාලනය සක්‍රියව යෙදුනු පවුලක හැදී වැඩී, විප්ලවවාදි අදහස්වලින් මෙතෙක් කල් දක්වා සිටි මා පලමු වරට සාම්ප්‍රදායික (කන්සර්වටිව්...
CHAPTER XIX
COURTS OF THE REPUBLIC OF SRI LANKA
THE SUPREME COURT (SC)
150. The Supreme Court of the Republic of Sri Lanka shall be the highest and final superior Court of record in the Republic and shall subject to the provisions of the Constitution exercise:
(1) Jurisdiction
in respect of constitutional matters;
(2) Final
appellate jurisdiction;
(3) Jurisdiction
in election petitions;
(4) Final
appellate jurisdiction for the protection of Fundamental Rights;
(5) Jurisdiction
in respect of any breach of privileges of Parliament or State Assembly; and
(6) Jurisdiction
in respect of such other matters which Parliament or State Assembly may by law
vest or ordain.
151.
(1) Supreme Court shall consist of Chief Justice
(CJ) and of not less than fifteen and not more than twenty two other Judges.
(2) Supreme Court shall have power to act notwithstanding any vacancy in its
membership and no act or proceeding of the Court shall be, or shall be deemed
to be, invalid by reason only of any such vacancy or any defect in the
appointment of a Judge.
152. (1) 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.
(2) The jurisdiction of the Supreme Court to ordinarily determine any such
question as aforesaid may be invoked by President by a written reference
addressed to Chief Justice or by any Citizen by a petition in writing addressed
to 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 or State Assembly and a copy thereof shall at the same time be
delivered to Speaker. 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) Where the jurisdiction of Supreme Court has been so invoked no proceedings
shall be had in Parliament or State Assembly in relation to such Bill until the
determination of Supreme Court has been made, or the expiration of a period of
three weeks from the date of such reference or petition, whichever occurs first.
(4) Supreme Court in a seven-Judge bench shall make and communicate its determination
to President and to Speaker within three weeks of the making of the reference
or the filing of the petition, as the case may be.
(5) The determination of Supreme Court shall be accompanied by the reasons
therefor and shall state whether the Bill or any provision thereof is
inconsistent with the Constitution and if so, which provision or provisions of
the Constitution.
(6) Where 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 be passed in State
Assembly, not in Parliament;
(b) whether such Bill is required to be passed in State Assembly with a two
third majority and approved by the People at a Referendum.
(7) Where any Bill
has been determined or is deemed to have been determined, to be inconsistent
with the Constitution, such Bill shall not be passed except by way of a new
Bill with inconsistencies removed, being placed on the Order page.
(8) Save as otherwise provided in the paragraphs of 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
(2) Supreme Court,
in a seven Judge bench, shall determine such question within two months of the
date of reference and make any such consequential order as the circumstances of
the case may require.
154. (1) Supreme Court, in a bench of not less than five Judges, shall, subject to the Constitution, be the final Court of 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 Court of Appeal or any Court of First Instance, tribunal or other institution and the judgments and orders of Supreme Court shall in all cases be final and conclusive in all such matters.
(2) Supreme Court
shall, in the exercise of its jurisdiction, have sole and exclusive cognizance
by way of appeal from any order, judgment, decree, or sentence made by Court of
Appeal, where any appeal lies in law to Supreme Court and it may affirm,
reverse or vary any such order, judgment, decree or sentence of Court of Appeal
and may issue such directions to any Court of First Instance 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 Court of Appeal or any Court of First Instance.
155. (1) An appeal shall lie to Supreme Court from any final order, judgment, decree or sentence of Court of Appeal in any criminal matter or proceedings, which involves a substantial question of law, if Court of Appeal grants leave to appeal to Supreme Court ex mero motu or at the instance of any aggrieved party to such matter or proceedings.
(2) Supreme Court
may, in its discretion, grant special leave to appeal to Supreme Court from any
final or interlocutory order, judgment, decree, or sentence made by Court of
Appeal in criminal matter or proceedings, where Court of Appeal has refused to
grant leave to appeal to Supreme Court or where in the opinion of Supreme
Court, the case or matter is fit for review by Supreme Court:
Provided that
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) Any appeal from an order or judgment of Court of Appeal, made or given in
the exercise of its jurisdiction under Articles 166,
167,
168,
169
or 170
to which President, Prime Minister, a Minister, a Governor, a Deputy Minister
or a public officer in his official capacity is a party, shall be heard and
determined within two months of the date of filing thereof.
(4) An appeal shall lie directly to Supreme Court on any matter and in the manner specifically provided for by any other law passed by Parliament or State Assembly.
(5) Any application for leave to appeal or special leave to appeal made to
Supreme Court under this Article may be granted or refused, as the case may be,
by not less than three Judges of Supreme Court.
(2) Where Speaker refers to Supreme Court for inquiry and report all or any of
the allegation or allegations, as the case may be, contained in any such
resolution as is referred to in paragraph 43(3), Supreme Court shall inquire
into such allegation or allegations, hearing President in person or by an
attorney-at-law, and shall report its determination to Speaker within two
months of the date of reference.
(3) Such opinion, determination and report shall be expressed after
consideration by at least seven Judges of Supreme Court, of whom, unless he
otherwise directs, Chief Justice shall be one.
157. (1) The Supreme Court shall have the power to hear and determine and make such orders as provided for by law on:
(a) any legal proceeding relating to election of President as per the
provisions of Article 53, or the validity of a Referendum;
(b) any appeal from an order or judgment of Court of Appeal in an election
petition case:
Provided that the
hearing and determination of a proceeding relating to the election of President
or the validity of a Referendum shall be by at least seven Judges of Supreme
Court of whom, unless he otherwise directs, Chief Justice shall be one.
158.
Supreme Court, in a bench of not less than five
Judges, shall have according to law the power to take cognizance of and punish
any person for the breach of the privileges of Parliament.
159.
(1) The several jurisdictions of Supreme Court
shall be ordinarily exercised at Colombo unless Chief Justice in consultation
with the Judicial Commission otherwise directs.
(2) The jurisdiction of 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, be
ordinarily exercised at all times by not less than five Judges of the Court
sitting together as Supreme Court.
(3) The selection of Judges for a bench
shall be purely random.
(4) Chief Justice may, of his own motion, or at the request of two or more
Judges hearing any matter, or on the application of a party to any appeal,
proceeding or matter if the question involved is in the opinion of Chief
Justice one of general and public importance, direct that such appeal,
proceeding or matter be heard by a Bench comprising seven or more Judges of
Supreme Court.
160.
The judgment of Supreme Court shall be the
decision of the majority.
161.
(1) Attorney General shall be noticed and have
the right to be heard in all proceedings in Supreme Court in the exercise of
its jurisdiction in matters of constitutionality and in official matters
relating to President, Parliament or State Assembly, Vice President, Prime
Minister, Cabinet Minister, Governor, Deputy Minister, or Head of State
institution.
(2) Any party to any proceedings in 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. This provision shall apply
to other courts too.
(3) 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 under this Chapter.
162.
The Registry of Supreme Court shall be in charge
of an officer designated the Registrar of Supreme Court who shall be subject to
the supervision, direction and control of Chief Justice.
යෝජිත ආණ්ඩුක්‍රම ව්‍යවස්ථාව PDF