Originally from Enforcement of Money Judgments

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Before entering into a discussion on the various questions set out below, it may be desirable to set out briefly the nature of the State constituting the Democratic Socialist Republic of Sri Lanka, as provided in its Constitution, and to refer also to an amendment to such Constitution, whereby certain legislative powers have been conferred on Provincial Councils established under such amendment.

The Constitution of the Democratic Socialist Republic of Sri Lanka declares that The Republic of Sri Lanka is a Unitary State and that the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum.

The Thirteenth Amendment to the Constitution which was certified on the 14th November 1987 and which came into operation on 26th January 1988, provided for the establishment of a Provincial Council for each of the nine Provinces of the Republic of Sri Lanka. Such Thirteenth Amendment also provided for a List of matters (“The Provincial Council List”) with respect to which a Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Providence for which it is established. Such Amendment also provided for a List of matters (“The Reserved List”) with respect to which a Provincial Council had no power to make statutes, as well as a List of matters (“The Concurrent List”) with respect to which Parliament may make laws after such consultation with all Provincial Councils as Parliament may consider appropriate in the circumstances of each case.

The statute, referred to later in this article, relating to the enforcement of certain foreign money judgments, was in operation long before the Thirteenth Amendment to the Constitution, and the matter of the enforcement in the Republic of Sri Lanka of foreign money judgments is not a matter in the Provincial Council List.