Bulankulama v Secretary, Ministry of Industrial Development

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Background[edit]

Relevant Laws and Principles[edit]

  • Article 3 of the Constitution on Sovereignty of the People.
  • Articles 12(1)of the Constitution - on equality before the law and on equal protection of the law
  • Articles 14(1)(g)of the Constitution - the freedom to engage in any lawful occupation etc.
  • Articles 14(1)(h) of the Constitution - freedom of movement
  • Public Trust Doctrine

International Standards

  • Principle 21 of the U.N. Stockholm Declaration (1972)
  • Principle 1,2 and 4 of the U.N. Rio De Janeiro Declaration (1992)
  • Principle 14, Stockholm Declaration

The court drew a connection between Article 3 of the Constitution and the Public Trust Doctrine to state that

The court also stated that 'it has jurisdiction in terms of Article 126(1) of the Constitution to hear and determine the alleged infringement of fundamental rights notwithstanding the claim that the Government and not the court is the “trustee" of natural resources of Sri Lanka.'