Jurisdiction

Jurisdiction

Jurisdiction of the Supreme Court of Sri Lanka

(With Relevant Articles of the 1978 Constitution)

  1. Constitutional Jurisdiction
  • Article 120Review of Bills (Pre-enactment)
    The Court can determine the constitutionality of a Bill (including urgent bills) referred by the President or Speaker.
  • Article 121-123Special Provisions for Urgent Bills
    Enables the President to refer urgent Bills directly to the Supreme Court for an opinion within 24 hours.
  • Article 124Effect of Court’s Determination on Legislation
    Specifies the binding nature of Supreme Court’s rulings on the validity of laws.
  1. Fundamental Rights Jurisdiction
  • Article 126
    The Supreme Court has sole and exclusive jurisdiction to hear and determine complaints of infringement or imminent infringement of fundamental rights by executive or administrative action.

Applications must be filed within one month of the alleged violation.

  1. Appellate Jurisdiction
  • Article 127 – Final appellate court for civil and criminal matters from the Court of Appeal.
  • Article 128 – Leave to appeal must be granted by the Supreme Court itself or by special leave.
  1. Advisory Jurisdiction
  • Article 129
    The President may refer questions of public importance or legal interpretation to the Supreme Court for its opinion.
  1. Election Petition Jurisdiction
  • Article 130
    Jurisdiction over the interpretation of election laws and the hearing of petitions regarding presidential elections, referenda, and parliamentary elections.
  1. Breach of Parliamentary Privilege
  • Article 132(3)
    The Supreme Court may inquire into alleged breaches of parliamentary privilege.
  1. Consultative Jurisdiction in Impeachment Matters
  • Article 107(3) & Article 129
    The Supreme Court may be consulted in cases involving the impeachment of judges or clarification of constitutional issues.
  1. Review of Proposed Referenda
  • Article 85
    Review of Bills that are subject to a referendum under Article 83 (such as those affecting sovereignty or territorial integrity).
  1. Contempt of Court Jurisdiction
  • Article 105(3)
    Power to punish for contempt of court committed against itself or any subordinate court.
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