Even though the Supreme Court can override previous judicial decisions/ determinatins will the contradictions present in Articles 83(ආ), 30.2, and 62.2 of the Constitution be disregarded?
Posted on August 13th, 2026
Attorney-at-Law Aruna Laksiri Unawatuna B.Sc(Col), PGDC (Col)
(Coordinator)
Dr. Thilaka Padma Subasinghe Memorial Legal Education Program
During the amendment of Article 70 of the Constitution in relation to the 19th Constitutional Amendment in 2002, a 7-judge bench of the Supreme Court delivered a unanimous determination. However, this determination was not followed by a 3-judge bench of the Supreme Court during the amendment of Article 70 by the 19th Amendment in 2015.
Accordingly, one cannot state that the Supreme Court must strictly follow its previous judicial decisions / determinations. ( Judicial precedent)
Nevertheless, the Supreme Court will not act to disregard the contradictions existing between Articles 83(ආ), 30.2, and 62.2 of the Constitution.
In the discussion held between the Bar Association and the President on 12.08.2026 it remains unclear whether the contradictions between Articles 83(ආ), 30.2, and 62.2 of the Constitution were pointed out to the President, and whether any legal advice was given to the President regarding how to resolve those contradictions.
https://neethiyalk.blogspot.com/2026/08/even-though-supreme-court-can-override.html?m=1
Attorney-at-Law Aruna Laksiri Unawatuna B.Sc(Col), PGDC (Col)
(Coordinator)
Dr. Thilaka Padma Subasinghe Memorial Legal Education Program
Telephone: 0712063394 (12.08.2026)
Translation of the article : ශ්රේෂ්ඨාධිකරණයට පෙර නඩු තීන්දු/ තීරණ අභිබවා යා හැකි වුවත්, ආණ්ඩුක්රම ව්යවස්ථාවේ 83.ආ, 30.2 සහ 62.2 ව්යවස්ථාවල ඇති පරස්රතාවයන් අවධානයෙන් බැහැර වෙයිද?