Edward Francis William Silva, President’S Counsel and Three Others v. Shirani Bandaranayake and Three Others – sllr 1997 volume 1 page 092

Brief
In Silva v. Bandaranayake, several petitioners challenged the procedure and authority of the President of Sri Lanka in appointing judges to the Supreme Court, specifically in relation to Article 107 of the Constitution. It was held that while the President possesses broad discretionary power regarding judicial appointments, this authority is not absolute and must be exercised within constitutional limits, with due regard for cooperative engagement between the Executive and the Judiciary. Claims that the appointment of the 1st respondent, Shirani Bandaranayake, to the Supreme Court infringed fundamental rights under Articles 12(1), 14(1)(a), and 14(1)(g) were rejected, and leave to proceed was refused, confirming that the President’s powers must be particularly circumscribed by releva

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