Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XVI · The Superior Courts
127. Appellate jurisdiction
Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.
Unofficial copyFrom Parliament of Sri Lanka, unchanged
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.
The Supreme Court shall, in the exercise of its jurisdiction, have sole and exclusive cognizance by way of appeal from any order, judgement, 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, judgement, 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 l28. (1) An appeal shall lie to the Supreme Court from any final order, judgement, 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.
The Supreme Court may, in its discretion, grant special leave to appeal to the Supreme Court from any final or interlocutory order, judgement, 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.
Any appeal from an order or judgement 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.
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.
121[(5) Any application for leave to appeal or special leave to appeal made to the Supreme Court under this
Article may be granted or refused, as the case may be, by not less than two Judges of the Supreme Court.]
Chapter XVII
Finance
Chapter XVIIA
146[CHAPTER XVII a
Chapter XVIII
Public Security
Chapter XVIIIA
National Police Commission
Chapter XIX
The Parliamentary Commissioner for Administration
Chapter XIXA
Commission to Investigate Allegations of Bribery or Corruption
Chapter XIXB
National Procurement Commission
Chapter XX
General
Chapter XXI
Transitional Provisions
Chapter XXII
Interpretation
Chapter XXIII
Repeal
Chapter XXIV