The Constitution of the Democratic Socialist Republic of Sri Lanka
101
(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
84; 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 84 and approved by the People at a
Referendum by virtue of the provisions of
Article 83, and may specify the nature of the
amendments which would make the Bill or such
provision cease to be inconsistent.
102
[(3) In the case of a Bill endorsed as provided in Article
122, 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 the provision of any Bill, has
been determined or is deemed to have 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.
124. Save as otherwise 103[provided in Articles 120,
121 and 122], 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.
125. (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 other 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
for
The
may direct
that further proceedings be stayed pending the determination of
such question.
Validity of Bills
and legislative
process not to be
questioned
Constitutional
jurisdiction in the
interpretation of
the Constitution
102 - Inserted by the Twentieth Amendment to the Constitution Sec. 27.
103 - Substituted by the Twentieth Amendment to the Constitution Sec. 28 for the figures “120 & 121”.
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