Victor Ivan and Others v. Hon. Sarath N. Silva and Others – sllr 2001 volume 1 page 309

In the case of Victor Ivan and Others v. Hon. Sarath N. Silva and Others, the Supreme Court addressed whether the President’s appointment of the Chief Justice could be challenged as a violation of fundamental rights. The Court determined that such an appointment, made exclusively pursuant to Article 107(1) of the Constitution, is shielded by executive immunity under Article 35 and is not subject to judicial review in fundamental rights proceedings. Challenges to the appointment of a Chief Justice must be pursued solely via the constitutional impeachment process provided under Articles 107(2) and 107(3), not through fundamental rights litigation. The findings also established that the petitioners failed to prove direct injury or establish a prima facie case, citing insufficient evidence and