Palihawadana v. Attorney-General and Two Others – 1978_79_80 volume 1 page 065

In the case between Palihewadana (Plaintiff) and the Attorney-General with other State officials (Defendants), the court addressed the constitutionality of the Job Bank Scheme, focusing on whether granting Members of Parliament discretionary power to select candidates for state employment violated the constitutional guarantees of equality under Articles 12(1) and 12(2). The petitioner alleged political discrimination and challenged the alleged unfettered and arbitrary exercise of discretion under the Scheme. It was held that, although aspects of the Scheme were potentially constitutionally problematic—especially regarding unrestrained executive discretion—the petitioner’s failure to meet eligibility requirements precluded his claim. The court reaffirmed the principle that equality before t