Interpretation of constitutional court definition… – -2010

The case between the Petitioner, a Member of Parliament from the Colombo District, and the Secretary-General of Parliament together with the 7th Respondent responsible for declaration of parliamentary seat vacancies, involved judicial consideration of whether a Court Martial constituted under the Army Act qualified as a “court” for purposes of Article 89(d) of the Constitution, thereby triggering disqualification and vacation of an MP’s seat upon conviction. It was held that a Court Martial does fall within the scope of “any court” under Article 89(d), reaffirming the principle that constitutional disqualification provisions apply upon conviction by a Court Martial as constituted by law. This decision relied on constitutional provisions including Articles 66, 89, 13, 16 and 168, as well as