Rajanayagam v. Bandula Wijayaratne, Commissioner-General of Excise and Others – sllr 1998 volume 3 page 129

In the case between Rajanayagam and Bandula Wijayaratne, Commissioner-General of Excise, and others, the court addressed whether the refusal of a restaurant licence, by applying guidelines (Excise Notification No. 833) not confirmed by Parliament and without affording a hearing, violated the petitioner’s fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution. The court held that the refusal, premised on unconfirmed guidelines and the abdication of discretionary authority under the Excise Ordinance, constituted a violation of the petitioner’s fundamental rights. The judgment reaffirmed the principle that rules made under section 32(1) of the Excise Ordinance require Parliamentary confirmation before having legal effect and that statutory discretion must be exercised indepe