Athauda Arachchige Patrine Dilrukshi Dias Wickremasinghe vs. Dr. Prathap Ramanujam and others – S.C. Appeal No.89/2024-2025

In the matter of a Plaintiff and members of the Public Service Commission (PSC), the court addressed the issue of the jurisdictional ouster provided by Article 61A of the Constitution concerning actions against PSC members. The court held that Article 61A constitutes a constitutional ouster of jurisdiction, explicitly preventing courts and tribunals from questioning PSC orders or decisions, with limited exceptions. This decision relied on the constitutional text and established principles of statutory interpretation regarding ouster clauses, emphasizing that the specific remedies provided by the Constitution must be adhered to and that attempts to circumvent the ouster clause by suing individual members for alleged mala fide acts are legally invalid. The court dismissed the Plaintiff’s pla

REF: S.C. Appeal No.89/2024-2025 Category: Tag:
Scroll to Top