Was one of the most significant constitutional cases in the history of Sri Lanka decided correctly?

Maheswaran Sridaran

Research output: Contribution to journalArticle

Abstract

In my view, the decision of the Supreme Court of Sri Lanka (delivered on 16 October 2006), holding that the merger of the Northern Province and the Eastern Province of Sri Lanka, so as to constitute a single administrative unit, was not valid, is not tenable. That is so as, in my view, on a proper purposive approach to statutory interpretation, the regulation through which section 37 (1) (b) of the Provincial Councils Act was amended was not ultra vires, as the making of that regulation was authorized by section 5 (1) of the Public Security Ordinance. As well, that amendment to section 37 (1) (b) of the Provincial Councils Act was validly made, as article 155 (2) of the Constitution does not render that amendment invalid. Those views of mine are exclusively based on legal analyses (outlined in the article), views, which, in the event, transpire to be also views that best cohere with the factual context applicable to the constitutional dispute which was the subject of the Supreme Court’s decision.
Original languageEnglish
Pages (from-to)67-73
Number of pages7
JournalAsian Social Science
Volume3
Issue number11
Publication statusPublished - 2007
Externally publishedYes

Keywords

  • Sri Lanka
  • Supreme Court of Sri Lanka
  • Northern Province
  • Eastern Province
  • merger of the Northern Province and the Eastern Province

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