Sarath N. Silva
Encyclopedia
Sarath Nanda Silva PC
is a former Chief Justice
of the Supreme Court of Sri Lanka
.
He obtained his Primary and Secondary school education at Trinity College Kandy and continued to Sri Lanka Law College
. Prior to civil service, his achievements included work obtaining a Master of Laws
degree Magna Cum Laude from the University of Brussels. He was admitted as an Advocate of the Supreme Court of Sri Lanka
in June 1967 and commenced his career in the Attorney General
's department in 1968 as a Crown Counsel. He was promoted to Senior State Counsel in 1975 and Deputy Solicitor-General
in 1979. Appointed as a Judge
of the Sri Lankan Court of Appeal in 1987, he later became the President of the Court in 1994.
Chandrika Kumaratunga
when first appointed to the Supreme Court in 1995, then serving under her as Attorney-General
in 1996 and was appointed a President's Counsel
the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and Chandrika Kumaratunga
was perceived as using him to control Court decisions. In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.
In March 2003, the British Refugee Council released findings on the situation, citing a report from August 2001 where International Bar Association
(IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.
A conflict of interest
came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.
In August 2001, the International Bar Association
(IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry. Despite these issues, he remained Chief Justice until retirement until 5 June 2009.
President's Counsel (Sri Lanka)
President's Counsel is a professional rank, as their status is conferred by the president, recognised by the courts and wear silk gowns of a special design...
is a former Chief Justice
Chief Justice of Sri Lanka
The Chief Justice of Sri Lanka is the highest post in the judicial system of Sri Lanka and heads the Supreme Court of Sri Lanka. The Chief Justice is appointed by the President, chosen from candidates recommended by the Constitutional Council...
of the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
.
He obtained his Primary and Secondary school education at Trinity College Kandy and continued to Sri Lanka Law College
Sri Lanka Law College
Sri Lanka Law College was established as the Ceylon Law College under the Council of Legal Education in 1874 in order to impart a formal legal education to those who wished to be lawyers in Ceylon...
. Prior to civil service, his achievements included work obtaining a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degree Magna Cum Laude from the University of Brussels. He was admitted as an Advocate of the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
in June 1967 and commenced his career in the Attorney General
Attorney General of Sri Lanka
The Attorney General of Sri Lanka is the Sri Lankan government's chief legal advisor, and its primary lawyer in the Supreme Court of Sri Lanka. The Attorney General is usually a highly-respected Senior Advocate, and is appointed by the ruling government. The current Attorney General is Mohan...
's department in 1968 as a Crown Counsel. He was promoted to Senior State Counsel in 1975 and Deputy Solicitor-General
Solicitor General of Sri Lanka
The Solicitor General of Sri Lanka is a post subordinate to the Attorney General of Sri Lanka. The Solicitor General of Sri Lanka assists the Attorney General, and is assisted by four Additional Solicitors General.-List of Solicitor Generals:...
in 1979. Appointed as a Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Sri Lankan Court of Appeal in 1987, he later became the President of the Court in 1994.
Controversial appointments and impeachment
Justice Silva was seen as close to PresidentPresident
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Chandrika Kumaratunga
Chandrika Kumaratunga
Chandrika Bandaranaike Kumaratunga born June 29, 1945) was the 4th Executive president of Sri Lanka, serving from November 12, 1994 to November 19, 2005. The daughter of two former Prime Ministers, she was also the leader of the Sri Lanka Freedom Party until end of 2005...
when first appointed to the Supreme Court in 1995, then serving under her as Attorney-General
Attorney General of Sri Lanka
The Attorney General of Sri Lanka is the Sri Lankan government's chief legal advisor, and its primary lawyer in the Supreme Court of Sri Lanka. The Attorney General is usually a highly-respected Senior Advocate, and is appointed by the ruling government. The current Attorney General is Mohan...
in 1996 and was appointed a President's Counsel
President's Counsel (Sri Lanka)
President's Counsel is a professional rank, as their status is conferred by the president, recognised by the courts and wear silk gowns of a special design...
the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and Chandrika Kumaratunga
Chandrika Kumaratunga
Chandrika Bandaranaike Kumaratunga born June 29, 1945) was the 4th Executive president of Sri Lanka, serving from November 12, 1994 to November 19, 2005. The daughter of two former Prime Ministers, she was also the leader of the Sri Lanka Freedom Party until end of 2005...
was perceived as using him to control Court decisions. In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.
In March 2003, the British Refugee Council released findings on the situation, citing a report from August 2001 where International Bar Association
International Bar Association
The International Bar Association is an international association of lawyers and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary and the right of lawyers to practice their...
(IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.
A conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.
In August 2001, the International Bar Association
International Bar Association
The International Bar Association is an international association of lawyers and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary and the right of lawyers to practice their...
(IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry. Despite these issues, he remained Chief Justice until retirement until 5 June 2009.