104
The Constitution of the Democratic Socialist Republic of Sri Lanka
Consultative
jurisdiction
129. (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) Where the Speaker refers to the 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
Article 38(2)(a), the Supreme Court shall in accordance with
Article 38(2)(d) inquire into such allegation or allegations and
shall report its determination to the Speaker within two months of
the date of reference.
(3) Such opinion, determination and report shall be expressed
after consideration by at least five Judges of the Supreme Court, of
whom, unless he otherwise directs, the Chief Justice shall be one.
(4) Every proceeding under paragraph (1) of this Article shall
be held in private unless the Court for special reasons otherwise
directs.
Jurisdiction in
105
[election
and referendum
petitions]
130. 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 106[election of the
President or the validity of a referendum];
(b) any appeal from an order or judgment of the Court
of Appeal in an election petition case:
Provided that the hearing and determination of a proceeding
relating to the 107[election of the President or the validity of a
referendum shall be] by at least five Judges of the Supreme Court
of whom, unless he otherwise directs, the Chief Justice shall be
one.
Jurisdiction in
respect of breaches
of Parliamentary
privileges
131. The Supreme Court shall have according to law the
power to take cognizance of and punish any person for the breach
of the privileges of Parliament.
105 - Marginal note substituted by the Fourteenth Amendment to the Constitution Sec. 9(3) for "election petitions".
106 - Substituted by the Fourteenth Amendment to the Constitution Sec. 9(1) for "election of the President".
107 - Substituted by the Fourteenth Amendment to the Constitution Sec. 9(2) for "election of the President shall be".
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