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CHAPTER XVIII
REMEDIES REGARDING CONTRAVENTIONS OF
GENERAL PROVISIONS
Enforcement
of general
provisions.
256. (1) Subject to sections 58(1), 65, 74(11), 96(10), 107,
259 and 267 of this Constitution, any person who alleges that any
provision of this Constitution (other than a provision of Chapter III
thereof) or of the Supreme Court Order has been or is being
contravened may, if he has an arguable interest, apply to the High
Court for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction on an
application made under this section to determine whether any
provision of this Constitution (other than a provision of Chapter III
thereof) or of the Supreme Court Order has been or is being
contravened and to make a declaration accordingly.
(3) Where the High Court makes a declaration under
this section that a provision of this Constitution (other than a provision
of Chapter III thereof) or of the Supreme Court Order has been or is
being contravened, and the person on whose application the
declaration is made has also applied for relief, the High Court may
grant to that person such remedy as it considers appropriate, being a
remedy available generally under any law in proceedings in the High
Court.
(4) A person shall be regarded as having an arguable
interest for the purpose of an application under this section if the
contravention of this Constitution or of the Supreme Court Order
alleged by him is such as to affect his interests, viewed against the
background of the Guiding Principles of State Policy laid down in
Chapter II of this Constitution.
Rules.
257. The Chief Justice may make rules with respect to the
practice and procedure of the High Court in relation to the
jurisdiction and powers conferred on the Court by or under section
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