100
The Constitution of the Democratic Socialist Republic of Sri Lanka
(2) Where the jurisdiction of the Supreme Court has been
so invoked no proceedings shall be had in Parliament in relation
to such Bill until the determination of the 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.
(3) The Supreme Court shall make and communicate its
determination to the President and to the Speaker within three
weeks of the making of the reference or the filing of the petition,
as the case may be.
Special exercise of
constitutional
jurisdiction in
respect of urgent
Bills
101
[122. (1) In the case of a Bill which is, in view of the
Cabinet of Ministers, urgent in the interest of national security
or for the purpose of any matter relating to disaster
management, and bears an endorsement to that effect under the
hand of the Secretary to the Cabinet (a)
the provisions of paragraph (1) of Article 78
and of Article 121, shall, subject to the
provisions of paragraph (2) of this Article,
have no application;
(b)
the President shall, by a written reference
addressed to the Chief Justice, require the
special determination of the Supreme Court as
to whether the Bill or any provision thereof is
inconsistent with the Constitution. A copy of
such reference shall at the same time be
delivered to the Speaker;
the Supreme Court shall make its determination
within twenty-four hours (or such longer
period not exceeding three days as the President
may specify) of the assembling of the Court
and shall communicate its determination only
to the President and the Speaker.
(c)
(2) The provisions of paragraph (2) of Article 121 shall,
mutatis mutandis, apply to such Bill.
(3) The provisions of this Article shall not apply to any
Bill for the amendment, repeal and replacement, alteration or
addition of any provision of the Constitution or for the repeal
and replacement of the Constitution.]
Determination of
Supreme Court in
respect of Bills
123. (1) The determination of the Supreme Court shall be
accompanied by the reasons there for 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.
(2) Where the 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 comply
with the provisions of paragraphs (1) and (2) of
Article 82; or
101 - Inserted by the Twentieth Amendment to the Constitution Sec. 26.
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