Interdependence of the Judiciary and the Legislature TUESDAY, 11 DECEMBER 2012  In Sri Lanka, sovereignty is in the people’s hands. It is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise. The sovereign people promulgated the Constitution and thus the Constitution becomes supreme and the three Organs; Parliament, Executive Presidency and Judiciary that are created by the sovereign People by their Constitution can only exercise their respective powers subject to and according to the provisions of the Constitution. Parliament is bound to act subject to and according to the provisions of the Constitution. So do the other organs. However, the line of separation between Parliament and Judiciary is very thin and a blurring of their respective functions at the blend is inevitable. No interference with Parliament. No Court can pronounce how an Act should be passed in Parliament. No Court can interfere on any ground that the Act was not passed according to proper procedure or the bill has not received the majority of votes as there was error in counting the votes. That is the exclusive function of Parliament. No court could interfere in its deliberations and conclusions. The validity of the proceedings in Parliament cannot be questioned by any court. Parliament provides Standing Orders to conduct its own affairs and no court has jurisdiction to decide their validity. Parliament can manage its own affairs according to the Standing Orders. Any breach of its Standing Orders can only be corrected by Parliament. When Parliament errs, its errors shall be corrected by Parliament itself. No court could make any pronouncement thereof. Ruling given by the Speaker even if it infringes any of the provisions of the Standing Orders can only be corrected by Parliament. How the Speaker conducts the proceedings in Parliament cannot be subjected to judicial scrutiny. Thus, Parliament becomes the absolute authority to manage its own affairs. It is salutary that no Bench of the Supreme Court had ever made any attempt to interfere in the internal affairs of Parliament. Standing Orders Article 74 of the Constitution ordains that subject to the provisions of the Constitution, Parliament may provide Standing Orders inter-alia‘the regulations of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the Constitution’. Thus, it becomes so explicit that all Standing Orders, including 78A should be subject to the provisions of the Constitution No Standing Order, including 78A could have the effect of overriding, amending or suspending the operation of any of the provisions of the Constitution. Parliament is bound by the Constitution to exercise its powers under 78A in the fulfilment of its duties under Article 107 (3). What does Article 107 (3) state?                          Read more...