Supreme court delivers its determination on defence issue

[November 5, 2003 - 6.00 GMT]

President Kumaratunga on 21st of October 2003 sought the opinion of the Supreme Court on two questions:

1] Whether the powers vested in the minister of defence pursuant to the assignment of the subject of defence and the Departments of the Army, Navy and Air Force under Article 44(1) of the Constitution with regard to the plenary powers relating to defence of Sri Lanka vested in the Executive President of the Republic are subject to the overriding control and authority of the President.

2] Whether the regulations framed by the minister to amend the Pensions and Gratuities Codes encroach upon the powers relating to defence vested in the President under the Constitution.

On 31st October the Supreme Court assembled to hear the arguments, and pronounced on the 4th of November, that in its opinion the plenary power relating to the defence of Sri Lanka including the powers to make regulations under Army, Navy and Air Force Act are reposed exclusively in the President.

In respect of the second question the Supreme Court was of the opinion that the regulations framed by the minister of defence infringe upon the powers relating to defence vested in the President by the Constitution.

The five-Judge bench, presided over by the Chief Justice Sarath N Silva and Justices Shirani Bandaranayake, Hector Yapa, J.A.N.De Silva and Nihal Jayasinghe delivered determination on the 4th of November 2003.

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Last Updated Date: November 5, 2003  -6.00 GMT.