26. Insertion of new Article 122 of the Constitution

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new Article is hereby inserted immediately after Article 121 and shall have effect as Article 122 of the Constitution:-

122. (1) In the case of a Bill which is, in view of the Cabinet of Ministers, urgent in the interest of national security or for the purpose of any matter relating to disaster management, and bears an endorsement to that effect under the hand of the

Secretary to the Cabinet –

“Special exercise of constitutional jurisdiction in respect of urgent

Bills.

(a)

the provisions of paragraph (1) of Article 78 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.

(3)

The provisions of this Article shall not apply to any Bill for the amendment, repeal and replacement, alteration or addition of any provision of the Constitution or for the repeal and replacement of the Constitution.”.

Read on from s 27