Article 2 - Enforcement Of The Constitution

Print & Download»

(1) A person who alleges that –

(a) an enactment or anything contained in or done under the authority of that or any other enactment; or

(b) Any act or omission of any person, is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.

(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such Orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.

(3) Any person or group of persons to whom an order or direction is addressed under clause (2) of this Article by the Supreme Court, shall duly obey and carry out the terms of the order or direction.

(4) Failure to obey or carry out the terms of an order or direction made or given under clause (2) of this article constitutes a high crime under this Constitution and shall, in the case of the President or the Vice-President, constitute a ground for removal from office under this Constitution.

(5) A person convicted of a high crime under clause (4) of this article shall—

(a) be liable to imprisonment not exceeding ten years without the option of a fine; and

(b) Not be eligible for election, or for appointment, to any public office for ten years beginning with the date of the expiration of the term of imprisonment.