Centre for Policy Alternatives on 2 September, 2008

The Centre for Policy Alternatives Vs. Attorney General (SC FR 359/2008)

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In September 2008, CPA was successful in its challenge of the validity of the Extraordinary Gazette 1562/1, dated August 11, 2008, vesting power in the President to extend the services of public and judicial officers appointed by him beyond the compulsory retirement age.  A fundamental rights application was filed by the Centre for Policy Alternatives and Rohan Edrisinha, challenging the validity of the said Gazette. The Supreme Court on September 22nd granted leave to proceed.

President Mahinda Rajapaksa, by this Gazette extended the compulsory retirement age of public officers appointed by the President. Responding to the Fundamental Rights Petition, the Supreme Court issued an Interim Order staying the operation and/or giving effect to the Gazette and emphasized that an individual including the president did not have the authority to amend such an act, with only parliament having such law making privileges.

The matter was fixed for argument on 6th October 2008. On 16th December the Supreme Court quashed the impugned gazette, and accordingly the application was allowed.