PROF. DHARMARATNE AND OTHERS VS. INSTITUTE OF
FUNDAMENTAL STUDIES AND OTHERS

SUPREME COURT
SALEEM MARSOOF, PC. J
RATNAYAKE, P.C., J AND
IMAM,J.
SCFR APPLICATION NO. 73/2007
SC FR APPLICATION NO. 371/2009
SC FR APPLICATION NO. 413/2009
FEBRUARY 15TH, 2011

Article 126 (1) of the Constitution - Fundamental rights jurisdiction and its exercise - Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement, by executive or administrative action of any fundamental right or language right declared and recognized by Chapter III or Chapter IV - Application of the 'tests'

The main question for determination in all three applications is whether the Institute of Fundamental Studies (IFS) is a body which exercises executive or administrative functions within the meaning of Article 126 of the Constitution, and hence whether the impugned actions of the IFS may be subjected to judicial review in terms of Article 126 of the Constitution.

Held:

1. Our Courts have applied various tests to determine whether a particular person, Institution or other body whose action is alleged