Visuwalingam and Others v. Liyanage and Others – sllr 1983 volume 1 page 203

In the case between Visuvalingam and others (plaintiffs) and Liyanage and others (defendants), the court addressed the issue of whether the failure by Supreme Court and Court of Appeal judges to take the oath prescribed by the Sixth Amendment to the Constitution, in the form set out in the Seventh Schedule and specifically before the President, was mandatory or merely directory, and whether failure to comply resulted in cessation of office or the continuation of judicial authority. The court held that the requirement to take the oath before the President is directory and not mandatory, and that the judges did not forfeit their offices due to non-compliance with the formal requirement; similarly, the two-month time-limit for disposal of fundamental-right petitions under Article 126(5) was c

REF: sllr 1983 volume 1 page 203 Category: Tag:
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