Bulugaha Pathirannehelage Sarith Maheeputhra Pathirathne vs Hon. Mahinda Yapa Abeywardena, Speaker of the Parliament – SC FR 35/2024-2024

The case between the Petitioner and the Constitutional Council and Respondents addressed the issue of whether the decision to reject a nomination for a Supreme Court judge, based on concerns over judicial conduct and performance, violated constitutional principles including judicial independence and separation of powers. It was determined that the rejection fell within the statutory mandate under Articles 41C and 41E of the Constitution, confirming that administrative discretion in evaluating a nominee’s suitability is constitutionally permissible. The decision relied on principles derived from the Wednesbury doctrine and pertinent constitutional provisions, emphasizing that the proper evaluation of judicial performance may include consideration of new adverse material.

P. PADMAN SURASE