In Re the Eighteenth Amendment To the Constitution… – sllr 2002 volume 3 page 071

In the case between several Petitioners invoking the Supreme Court’s jurisdiction under Article 121(1) (including S. Kanagaratnam, C. A. Chandraprema, R. Senanayake, and others, as representative challenging parties) and the State (represented by the Attorney-General), the Supreme Court addressed the constitutionality of the Eighteenth Amendment to the Constitution, particularly Clauses 2, 4, and 5. The main legal issue concerned whether these clauses, which grant the Constitutional Council extensive rule-making powers, confer complete judicial immunity, and restrict any external interference, are consistent with the inalienable sovereignty of the People as enshrined in Articles 3, 4, and 12(1) of the Constitution. The Court found that these provisions, as drafted, improperly shift legisla