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CHAPTER
XVI - THE SUPERIOR COURTS
The
Supreme Court
General
jurisdiction of Supreme Court.
118.
The Supreme Court of the Republic of Sri Lanka shall be the highest and
final superior Court of record in the Republic and shall subject to the
provisions of the Constitution exercise –
(a)
jurisdiction in respect of constitutional matters;
(b)
jurisdiction for the protection of fundamental rights;
(c)
final appellate jurisdiction;
(d)
consultative jurisdiction;
(e)
jurisdiction in election petitions;
(f)
jurisdiction in respect of any breach of the privileges of
Parliament; and
(g)
jurisdiction in respect of such other matters which Parliament may
by law vest or ordain.
Constitution
of Supreme Court.
119.
(1) The Supreme Court shall consist of the Chief Justice and of not less
than six and not more than ten other Judges who shall be appointed as
provided in Article 107.
(2)
The Supreme Court shall have power to act notwithstanding any vacancy in
its membership, and no act or proceeding of the Court shall be, or shall
be deemed to be, invalid by reason only of any such vacancy or any defect
in the appointment of a Judge.
Constitutional
jurisdiction of the Supreme Court.
120.
The Supreme Court shall have sole and exclusive jurisdiction to determine
any question as to whether any Bill or any provision thereof is
inconsistent with the Constitution:
Provided
that-
(a)
in the case of a Bill described in its long title as being for the
amendment of any provision of
the Constitution, or for the repeal and replacement of the Constitution,
the only question which the Supreme Court may determine is whether such
Bill requires approval by the People at a Referendum by virtue of the
provisions of Article 83;
(b)
where the Cabinet of Ministers certifies that a Bill which is
described in its long title as being for the amendment of any provisions
of the Constitution, or for the repeal and replacement of the
Constitution, intended to be passed with the special majority required by
Article 83 and submitted to the People by Referendum, the Supreme Court
shall have and exercise no jurisdiction in respect of such Bill ;
(c)
where the Cabinet of Ministers certifies that any provision of any
Bill which is not described in its long title as being for the amendment
of any provision of the Constitution, or for the repeal and replacement of
the Constitution is intended to be passed with the special majority
required by Article 84, the only question which the Supreme Court may
determine is whether such Bill requires approval by the People at a
Referendum by virtue of the provisions of Article 83 or whether such Bill
is required to comply with paragraphs (1) and (2) Of Article 82; or
(d)
where the Cabinet of Ministers certifies that any provision of any
Bill which is not described in its long title as being for the amendment
of any provision of the Constitution or for the repeal and replacement of
the Constitution is intended to be passed with the special majority
required by Article 84, the only question which the Supreme Court may
determine is whether any other provision of such Bill requires to be
passed with the special majority required by Article 84 or whether any
provision of such Bill requires the approval by the People at a Referendum
by virtue of the provisions of Article 83 or whether such Bill is required
to comply with the provisions of paragraphs (1) and (2) of Article 82.
Ordinary
exercise of constitutional jurisdiction in respect of Bills.
121.
(1) The jurisdiction of the Supreme Court to ordinarily determine any such
question as aforesaid may be invoked by the President by a written reference
addressed to the Chief Justice, or by any citizen by a petition in writing
addressed to the Supreme Court. Such reference shall be made, or such
petition shall be filed, within one week of the Bill being placed on the
Order Paper of the Parliament, and a copy thereof shall at the same time
be delivered to the Speaker. In this paragraph "citizen "
includes a body, whether incorporated or unincorporated, if not less than
three-fourths of the members of such body are citizens.
(2)
Where the jurisdiction of the Supreme Court has been so invoked no
proceedings shall be had in Parliament in relation to such Bill until the
determination of the Supreme Court has been made, or the expiration of a
period of three weeks from the date of such reference or petition,
whichever occurs first.
(3)
The Supreme Court shall make and communicate its determination to the
President and to the Speaker within three weeks of the making of the
reference or the filing of the petition, as the case may be.
Special
exercise of constitutional jurisdiction in respect of urgent Bills.
122.
(1) In the case of a Bill which is, in the view of the Cabinet of
Ministers, urgent in the national interest, and bears an endorsement to
that effect under the hand of the Secretary to the Cabinet –
(a)
the provisions of Article 78 (1) and of Article 121, shall subject
to the provisions of paragraph (2) of this Article, have no application;
(b)
the President shall by a written reference addressed to the Chief
Justice, require the special determination of the Supreme Court as to
whether the Bill or any provision thereof is inconsistent with the
Constitution. A copy of such reference shall at the same time be delivered
to the Speaker;
(c)
the Supreme Court shall make its determination within twenty-four
hours (or such longer period not exceeding three days as the President may
specify) of the assembling of the Court, and shall communicate its
determination only to the President and the Speaker.
(2)
The provisions of paragraph (2) of Article 121 shall, mutatis
mutandis, apply to such Bill.
Determination
of Supreme Court in respect of Bills.
123.
(1) The determination of the Supreme Court shall be accompanied by the
reasons therefor, and shall state whether the Bill or any provision
thereof is inconsistent with the Constitution and if so, which provision
or provisions of the Constitution.
(2)
Where the Supreme Court determined that the Bill or any provision thereof
is inconsistent with the Constitution, it shall also state-
(a)
whether such Bill is required to comply with the Provisions Of
paragraphs (1) and (2) of Article 82; or
(b)
whether such Bill or any provision thereof may only be passed by
the special majority required under the provisions of paragraph (2) of
Article 84; or
(c)
whether such Bill or any provision thereof requires to be passed by
the special majority required under the provisions of paragraph (2) of
Article 84 and approved by the People at a Referendum by virtue of the
provisions of Article 83,
and
may specify the nature of the amendments which would make the Bill or such
provision cease to be inconsistent.
(3)
In the case of a Bill endorsed as provided in Article 122, if the Supreme
Court entertains a doubt whether the Bill or any provision thereof is
inconsistent with the Constitution, it shall be deemed to have been
determined that the Bill or such provision of the Bill is inconsistent
with the Constitution, and the Supreme Court shall comply with the
provisions of paragraphs (1) and (2) of this Article.
(4)
Where any Bill, or the provision of any Bill, has been determined, or is
deemed to have been determined to be inconsistent with the Constitution,
such Bill or such provision shall not be passed except in the manner
stated in the determination of the Supreme Court:
Provided
that it shall be lawful for such Bill to be passed after, such amendment
as would make the Bill cease to be inconsistent with the Constitution.
Validity
of Bills and legislative process not to be questioned.
124.
Save as otherwise provided in Articles 120, 121 and 122, no court or
tribunal created and established for the administration of justice, or
other institution, person or body of persons shall in relation to any
Bill, have power or jurisdiction to inquire into, or pronounce upon, the
constitutionality of such Bill or its due compliance with the legislative
process, on any ground whatsoever.
Constitutional
jurisdiction in the interpretation of the Constitution.
125.
(1) The Supreme Court shall have sole and exclusive jurisdiction to hear
and determine any question relating to the interpretation of the
Constitution, and accordingly, whenever any such question arises in the
course of any proceeding in any other court or tribunal or other
institution empowered by law to administer justice or to exercise judicial
or quasi-judicial functions, such question shall forthwith be referred to
the Supreme Court for determination. The Supreme Court may direct that
further proceedings be stayed pending the determination of such question.
(2)
The Supreme Court shall determine such question within two months of the
date of reference and make any such consequential order as the
circumstances of the case may require.
Fundamental
rights jurisdiction and its exercise.
126.
(1) The Supreme Court shall have sole and exclusive jurisdiction to hear
and determine any question relating to the infringement or imminent
infringement by executive or administrative action of any fundamental
right or language right declared and recognized by Chapter III or Chapter
IV.
(2)
Where any person alleges that any such fundamental right or language right
relating to such person has been infringed or is about to be infringed by
executive or administrative action, he may himself or by an
attorney-at-law on his behalf, within one month thereof, in accordance
with such rules of court as may be in force, apply to the Supreme Court by
way of petition in writing addressed to such Court praying for relief or
redress in respect of such infringement. Such application may be proceeded
with only with leave to proceed first had and obtained from the Supreme
Court, which leave may be granted or refused, as the case may be, by not
less than two Judges.
(3)
Where in the course of hearing in the Court of Appeal into an application
for orders in the nature of a writ of habeas corpus, certiorari,
prohibition, procedendo, mandamus or quo warranto,
it appears to such Court that there is prima facie evidence of an
infringement or imminent infringement of the provisions of Chapter III or
Chapter IV by a party to such application, such Court shall forthwith
refer such matter for determination by the Supreme Court.
(4)
The Supreme Court shall have power to grant such relief or make such
directions as it may deem just and equitable in the circumstance in respect of any petition or reference referred to in
paragraphs (2) and (3) of this Article or refer the matter back to the
Court of Appeal if in its opinion there is no infringement of a fundament
right or language right.
(5)
The Supreme Court shall hear and finally dispose of any petition or
reference under this Article within two months of the filing of such
petition or the making of such reference.
Appellate
Jurisdiction.
127.
(1) The Supreme Court shall, subject to the Constitution, be the final
Court of civil and criminal appellate jurisdiction for and within the
Republic of Sri Lanka for the correction of all errors in fact or in law
which shall be committed by the Court of Appeal or any Court of First
Instance, tribunal or other institution and the judgments and orders of the
Supreme Court shall in all cases be final and conclusive in all such
matters.
(2)
The Supreme Court shall, in the exercise of its jurisdiction, have sole
and exclusive cognizance by way of appeal from any order, judgment,
decree, or sentence made by the Court of Appeal, where any appeal lies in
law to the Supreme Court and it may affirm, reverse or vary any such
order, judgment, decree or sentence of the Court of Appeal and may issue
such directions to any Court of First Instance or order a new trial or
further hearing in any proceedings as the justice of the case may require,
and may also call for and admit fresh or additional evidence if the
interests of justice so demands and may in such event, direct that such
evidence be recorded by the Court of Appeal or any Court of First
Instance.
Right of appeal.
128.
(1) An appeal shall lie to the Supreme Court from any final order,
Judgment, decree or sentence of the Court of Appeal in any matter or
proceedings, whether civil or criminal, which involves a substantial
question of law, if the Court of Appeal grants leave to appeal to the
Supreme Court ex mero motu or,
at the instance of any aggrieved party to such matter or proceedings;
(2)
The Supreme Court may, in its discretion, grant special leave to appeal
to the Supreme Court from any final or interlocutory order, judgment,
decree, or sentence made by the Court of Appeal in any matter or
proceedings, whether civil or criminal, where the Court of Appeal has
refused to grant leave to appeal to the Supreme Court, or where in the
opinion of the Supreme Court, the case or matter is fit for, review by the
Supreme Court :
Provided
that the Supreme Court shall grant leave to appeal in every matter or
proceedings in which it is satisfied that the question to be decided is of
public or general importance.
(3)
Any appeal from an order or judgment of the Court of Appeal, made or given
in the exercise of its Jurisdiction under Article 139, 140, 141, 142 or
143 to which the President, a Minister, a Deputy Minister or a public
officer in his official capacity is a party, shall be heard and determined
within two months of the date of filing thereof.
(4)
An appeal shall lie directly to the Supreme Court on any matter and in the
manner specifically provided for by any other law passed by Parliament.
Consultative
jurisdiction.
129.
(1) If at any time it appears to the President of the Republic that a
question of law or fact has arisen or is likely to arise which is of such
nature and of such public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer that question to that
Court for consideration and the Court may, after such hearing as it thinks
fit, within the period specified in such reference or within such time as
may be extended by the President, report to the President its opinion
thereon.
(2)
Where the Speaker refers to the Supreme Court for inquiry and report all
or any of the allegation or allegations, as the case may be, contained in
any such resolution as is referred in Article 38 (2) (a), the Supreme
Court shall in accordance with Article 38 (2) (d) inquire into such
allegation or allegations and shall report its determination to the
Speaker within two months of the date of reference.
(3)
Such opinion, determination and report shall be expressed after
consideration by at least five Judges of the Supreme Court, of whom,
unless he otherwise directs, the Chief Justice shall be one.
(4)
Every proceeding under paragraph (1) of this Article shall be held in
private unless the Court for special reasons otherwise directs.
Jurisdiction
in 38[election and referendum petitions.]
130.
The Supreme Court shall have the power to hear and determine and make such
orders as provided for by law on –
(a)
any legal proceeding relating to 39[election of the President or the
validity of a referendum].
(b)
any appeal from an order or judgment of the Court of Appeal in an
election petition case :
Provided
that the hearing and determination of a proceeding relating to the 40[
election of the President or the validity of a referendum shall be] by at
least five Judges of the Supreme Court of whom, unless he otherwise
directs, the Chief Justice shall be one.
Jurisdiction
in respect of the breaches of Parliamentary privileges.
131.
The Supreme Court shall have according to law the power to take cognizance
of and punish any person for the breach of the privileges of Parliament.
Sitting
of the Supreme Court.
132.
(1) The several jurisdictions of the Supreme Court shall be ordinarily
exercised at Colombo unless the Chief Justice otherwise directs.
(2)
The jurisdiction of the Supreme Court may be exercised in different
matters at the same time by the several Judges of that Court sitting apart
:
Provided
that its jurisdiction shall, subject to the provisions of the
Constitution, be ordinarily exercised at all times by not less than three
Judges of the Court sitting together as the Supreme Court.
(3)
The Chief Justice may-
(i)
of his own motion ; or
(ii)
at the request of two or more Judges hearing any matter; or
(iii)
on the application of a party to any appeal, proceeding or matter if the
question involved is in the opinion of the Chief Justice one of general
and public importance,
direct
that such appeal, proceeding or matter be heard by a Bench comprising five
or more Judges of the Supreme Court.
(4)
The judgment of the Supreme Court shall, when it is not an unanimous
decision, be the decision of the majority.
Appointment of ad
hoc Judges.
133.
(1) If at any time there should not be a quorum of the Judges of the
Supreme Court available to hold or continue any sittings of the Court, the
Chief Justice may with the previous consent of the President request in
writing the attendance at the sittings of the Court as an ad
hoc Judge, for such period as may be necessary, of the President of
the Court of Appeal or any Judge of the Court of Appeal.
(2)
It shall be the duty of such a Judge who had been so requested, in
priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance is
required, and while so attending he shall have all the jurisdictions,
powers and privileges, and shall perform the duties, of a Judge of the
Supreme Court:
Right to be heard by
the Supreme Court.
134.
(1) The Attorney-General shall be noticed and have the right to be heard
in all proceedings in the Supreme Court in the exercise of its
jurisdiction under Articles 120, 121, 122, 125, 126, 129 (1) and 131.
(2)
Any party to any proceedings in the Supreme Court in the exercise of its
jurisdiction shall have the right to be heard in such proceedings either
in person or by representation by an attorney-at-law.
(3)
The Supreme Court may in its discretion grant to any other person or his
legal representative such hearing as may appear to the Court to be
necessary in the exercise of its jurisdiction under this Chapter.
Registry
of the Supreme Court and office of Registrar.
135.
The Registry of the Supreme Court shall be in charge of an officer
designated the Registrar of the Supreme Court who shall be subject to the
supervision, direction and control of the Chief Justice.
Rules
of the Supreme Court.
136.
(1) Subject to the provisions of the Constitution and of any law the Chief
Justice with any three Judges of the Supreme Court nominated by him, may,
from time to time, make rules regulating generally the practice and
procedure of the Court including -
(a)
rules as to the procedure for hearing appeals and other matters
pertaining to appeals including the terms under which appeals to the
Supreme Court and the Court of Appeal are to be entertained and provision
for the dismissal of such appeals for non-compliance with such rules ;
(b)
rules as to the proceedings in the Supreme Court and Court of
Appeal in the exercise of the several jurisdictions conferred on such
Courts by the Constitution or by any law, including the time within which
such matters may be instituted or brought before such Courts and the
dismissal of such matters for non-compliance with such rules ;
(c)
rules as to the granting of bail ;
(d)
rules as to the stay of proceedings ;
(e)
rules providing for the summary determination of any appeal or any
other matter before such Court by petition or otherwise, which appears to
the Court to be frivolous and vexatious or brought for the purpose of
delay ;
(f)
the preparation of copies of records for the purpose of appeal or
other proceedings in the Supreme Court and Court of Appeal ;
(g)
the admission, enrolment, suspension and removal of
attorneys-at-law 41[
* * * ]
and the rules of conduct and etiquette for such
attorneys-at-law ;
(h)
the attire of Judges, attorneys-at-law, officers of court and
persons attending the courts in Sri Lanka whether established by the
Constitution, or by Parliament or by existing law ;
(i)
the manner in which panels of jurors may be prepared, and the mode
of summoning, empanelling and challenging of jurors ;
(j)
proceedings of Fiscals and other ministerial officers of such
courts and the process of such courts and the mode of executing the same ;
(k)
the binding effect of the decisions of the Supreme Court ;
(l)
all matters of practice and procedure including the nature and
extent of costs that may be awarded, the manner in which such costs may be
taxed and the stamping of documents in the Supreme Court, Court of Appeal,
High Court and Courts of First Instance not specially provided by or under
any law.
(2)
Every rule made under this Article shall be published in the Gazette
and shall come into operation on the date of such publication or on such
later date as may be specified in such rule.
(3)
All rules made under this Article shall as soon as convenient after their
publication in the Gazette be brought before Parliament for approval. Any such rule
which is not so approved shall be deemed to be rescinded as from the date
it was not so approved, but without prejudice to anything previously done
thereunder.
(4)
The Chief Justice and any three Judges of the Supreme Court nominated by
him may amend, alter or revoke any such rules of court and such amendment,
alteration or revocation of the rules will operate in the like manner as
set out in the preceding paragraph with reference to the making of the
rules of court.
The
Court of Appeal
The
Court of Appeal.
137.
The Court of Appeal shall consist of the President of the Court of Appeal
and not less than six and not more than eleven other Judges who shall be
appointed as provided in Article 107.
Jurisdiction
of the Court of Appeal.
138.
(1) The Court of Appeal shall have and exercise subject to the provisions
of the Constitution or of any law, an appellate jurisdiction for the
correction of all errors in fact or in law which shall be
42[committed by the
High Court, in the exercise of its appellate or original jurisdiction or
by any Court of First Instance], tribunal or other institution and sole and
exclusive cognizance, by way of appeal, revision and restitutio
in integrum, of all causes, suits, actions, prosecutions, matters and
things 43[of which such High Court, Court of First Instance] tribunal or other
institution may have taken cognizance :
Provided
that no judgment, decree or order of any court shall be reversed or varied
on account of any error, defect or irregularity, which has not prejudiced
the substantial rights of the parties or occasioned a failure of justice.
(2)
The Court of Appeal shall also have and exercise all such powers, and
jurisdiction, appellate and original, as Parliament may by law vest or
ordain.
Powers
in appeal.
139.
(1) The Court of Appeal may in the exercise of its jurisdiction, affirm,
reverse, correct or modify any order, judgment, decreee or sentence
according to law or it may give directions to such Court of First
Instance, tribunal or other institution or order a new trial or further
hearing upon such terms as the Court of Appeal shall think fit.
(2)
The Court of Appeal may further receive and admit new evidence additional
to, or supplementary of, the evidence already taken in the Court of First
Instance touching the matters at issue in any original case, suit,
prosecution or action, as the justice of the case may require.
Power
to issue writs, other than writs of habeas corpus.
140.
Subject to the provisions of the Constitution, the Court of Appeal
shall have full power and authority to inspect and examine the records of
any Court of First Instance or tribunal or other institution, and grant
and issue, according to law, orders in the nature of writs of certiorari,
prohibition, procedendo, mandamus and quo warranto
against the judge of any Court of First Instance or tribunal or other
institution or any other person :
44[Provided
that Parliament may by law provide that in any such category of cases as
may be specified in such law, the jurisdiction conferred on the Court of
Appeal by the preceding provisions of this Article shall be exercised by
the Supreme Court and not by the Court of Appeal.]
Power
to issue writs of habeas corpus.
141.
The Court of Appeal may grant and issue orders in the nature of writs of
habeas corpus to bring up before such Court -
(a)
the body of any person to be dealt with according to law ; or
(b)
the body of any person illegally or improperly detained in public
or private custody,
and
to discharge or remand any person so brought up or otherwise deal with
such person according to law :
Provided
that it shall be lawful for the Court of Appeal to require the body of
such person to be brought up before the most convenient Court of First
Instance and to direct the judge of such court to inquire into and report
upon the acts of the alleged imprisonment or detention and to make such
provision for the interim custody of the body produced as to such court
shall seem right; and the Court of Appeal shall upon the receipt of such
report, make order to discharge or remand the person so alleged to be
imprisoned or detained or otherwise deal with such person according to
law, and the Court of First Instance shall conform to, and carry into
immediate effect, the order so pronounced or made by the Court of Appeal:
Provided
further that if provision be made by law for the exercise by any court, of
jurisdiction in respect of the custody and control of minor children, then
the Court of Appeal, if satisfied that any dispute regarding the custody
of any such minor child may more properly be dealt with by such court,
direct the parties to make application in that court in respect of the
custody of such minor child.
Power
to bring up and remove prisoners.
142.
The Court of Appeal may direct -
(i)
that a prisoner detained in any prison be brought before a court-martial
of any Commissioners acting under the authority of any Commission
from the President of the Republic for trial or to be examined relating to
any matters pending before any such court-martial or Commissioners
respectively ; or
(ii)
that a prisoner detained in prison be removed from one custody to another
for purposes of trial.
Power
to grant injunctions.
143.
The Court of Appeal shall have the power to grant and issue injunctions to
prevent any irremediable mischief which might ensure before a party making
an application for such injunction could prevent the same by bringing an
action in any Court of First Instance :
Provided
that it shall not be lawful for the Court of Appeal to grant an injunction
to prevent a party to any action in any court from appealing to or
prosecuting an appeal to the Court of Appeal or to prevent any party to
any action in any court from insisting upon any ground of action, defence
or appeal, or to prevent any person from suing or prosecuting in any
court, except where such person has instituted two separate actions in two
different courts for and in respect of the same cause of action, in which
case the Court of Appeal shall have the power to intervene by restraining
him from prosecuting one or other of such actions as to it may seem fit.
Parliamentary
election petitions.
144.
The Court of Appeal shall have and exercise jurisdiction to try election
petitions in respect of the election to the membership of Parliament in
terms of any law for the time being applicable in that behalf.
Inspection
of records.
145.
The Court of Appeal may, ex mero motu or on any application made,
call for, inspect and examine any record of any Court of First Instance
and in the exercise of its revisionary powers may make any order thereon
as the interests of justice may require.
Sittings
of the Court of Appeal.
146.
(1) The Court of Appeal shall ordinarily exercise its jurisdiction at
Colombo:
Provided
however that the Chief Justice may from time to time when he deems it so
expedient direct that the Court of Appeal shall hold its sittings and
exercise its jurisdiction in any judicial zone or district, specified in
the direction.
45[(2)
The jurisdiction of the Court of Appeal may be exercised in different
matters at the same time by the several judges of the Court sitting apart
:
Provided
that -
(i) its jurisdiction in respect of -
(a)
judgments and orders of the High Court pronounced at a trial at Bar,
shall be exercised by at least three Judges of the Court ; and
(b)
other judgments and orders of the High Court, shall be exercised by
at least two Judges of the Court ;
(ii)
its jurisdiction in respect of its powers under Article 144 shall
be exercised by the President of the Court of Appeal or any judge of that
Court nominated by the President or one or more of such Judges nominated
by the President of whom such President may be one ;
(iii)
its jurisdiction in respect of other matters, shall be exercised by a
single Judge of the Court, unless the President of the Court of Appeal by
general or special order otherwise directs].
(3)
In the event of any difference of opinion between two Judges constituting
the Bench, the decision of the Court shall be suspended until three Judges
shall be present to review such matter.
(4)
The judgment of the Court of Appeal, shall when it is not an unanimous
decision, be the decision of the majority.
Registry
of the Court of Appeal and office of Registrar.
147.
The Registry of the Court of Appeal shall be in charge of an Officer
designated as the Registrar of the Court of Appeal who shall be subject to
the supervision, direction and control of the President of the Court of
Appeal.
38.
Substituted by the Fourteenth Amendment
to the Constitution Sec. 9 (3), for “election petitions.”
39.
Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (1), for “election of the President.”
40.
Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (2), for “election of the President shall
be.”
41.
Words “and the appointment of senior attorneys-at-law.” Omitted by the
Eighth Amendment to the Constitution Sec.
3.
42.
Substituted by the Thirteenth
Amendment to
the Constitution Sec. 3 (a), for “committed by any Court of First
Instance.”
43.
Substituted by the Thirteenth
Amendment to
the Constitution Sec. 3 (b), for “of which such Court of First
Instance.”
44.
Inserted by the First Amendment to the
Constitution Sec. 2 w.e.f. Sept. 7th 1978.
45.
Original para (2) repealed and substituted by the Eleventh
Amendment to the Constitution Sec. 6.
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