Supreme Court of Sri Lanka
Encyclopedia
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 constitutional matters, and take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment
, the decision may be passed on to the President of the Republic
for clemency petitions.
of the Parliamentary Council
. From 3 October 2001 until 2011, with the 17th Amendment, the Constitutional Council had the task of advising the President on the appointment of the judges. If the appointment is for a period less than fourteen days, this requirement will not apply. The Justices are not allowed to hold any other office without the consent of the Constitution or the President.
In the discharge of its functions relating to the appointment of Judges of the Courts, the Council may obtain the views of the Chief Justice and of the Attorney General.
and the support of the majority of its members. The order has to be presented to the President for removal on the ground of proved misbehaviour or incapacity.
A resolution for the presentation of the order of the president can be obtained by the Speaker
or be placed on the Order Paper of Parliament only if notice of the resolution is signed by no less than one third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity. Parliament is required to provide for all matters relating to the presentation of the address, including the procedure for the passing of the resolution, the investigation and proof of the alleged misbehaviour or incapacity, and the right of the judge to appear and to be heard in person or by representative, by law or by Standing Orders of Parliament.
A Judge is not permitted to perform or hold any other office, whether paid or not, or accept any place of profit or emolument, except as authorized by the Constitution or by written law or with the written consent of the President.
Appeals from judgments, sentences and orders pronounced at a High Court Trial at Bar lie direct to the Supreme Court.
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
. 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
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
in constitutional matters, and take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, the decision may be passed on to the President of the Republic
President of Sri Lanka
The President of Democratic Socialist Republic of Sri Lanka is the elected head of state and the head of government. The President is a dominant political figure in Sri Lanka. The office was created in 1978 but has grown so powerful there have been calls to restrict or even eliminate its power...
for clemency petitions.
History
The Supreme Court of Sri Lanka was created on 18 April 1801 with the "Royal Charter of Justice of 1801 of King George the 3rd establishing the Supreme Courts of the Island of Sri Lanka" by the British, who controlled the island at the time. This creation was repealed by the Charter of 1833. In 1972 the country adopted a new Constitution.Size of the Court
The court consists of the Chief Justice and not less than six and not more than ten other Judges, appointed by the Constitutional Council on recommendation of the President.Appointment and confirmation
The President of Sri Lanka is responsible for the appointment and removal of all the judges of the Supreme Court. The Supreme Court judges are appointed with the advice and consentAdvice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
of the Parliamentary Council
Parliamentary Council
The Parliamentary Council is a constitutional authority in Sri Lanka established under the 18th Amendment to the Constitution of Sri Lanka. Formally being constituted on January 1, 2011 as per the 18th Amendment, it replaces the Constitutional Council that was established under the 17th...
. From 3 October 2001 until 2011, with the 17th Amendment, the Constitutional Council had the task of advising the President on the appointment of the judges. If the appointment is for a period less than fourteen days, this requirement will not apply. The Justices are not allowed to hold any other office without the consent of the Constitution or the President.
In the discharge of its functions relating to the appointment of Judges of the Courts, the Council may obtain the views of the Chief Justice and of the Attorney General.
Tenure
Judges who hold office during good behaviour can serve until the retirement age for the judges fixed at 65 years, as per the Constitution. They cannot be removed except by an order of the President made after an address to the ParliamentParliament of Sri Lanka
The Parliament of Sri Lanka is the 225-member unicameral legislature of Sri Lanka. The members of Parliament are elected by proportional representation for six-year terms, with universal suffrage. Parliament reserves the power to make all laws...
and the support of the majority of its members. The order has to be presented to the President for removal on the ground of proved misbehaviour or incapacity.
A resolution for the presentation of the order of the president can be obtained by the Speaker
Speaker of the Parliament of Sri Lanka
In Sri Lanka the Speaker of the Parliament is the individual who chairs the country's legislative body, the Parliament of Sri Lanka. The Speaker fulfills a number of important functions in relation to the operation the House, which is based upon the British Westminster Parliamentary system.The...
or be placed on the Order Paper of Parliament only if notice of the resolution is signed by no less than one third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity. Parliament is required to provide for all matters relating to the presentation of the address, including the procedure for the passing of the resolution, the investigation and proof of the alleged misbehaviour or incapacity, and the right of the judge to appear and to be heard in person or by representative, by law or by Standing Orders of Parliament.
A Judge is not permitted to perform or hold any other office, whether paid or not, or accept any place of profit or emolument, except as authorized by the Constitution or by written law or with the written consent of the President.
Membership
Current justices
- Hon. Chief Justice Dr. Shirani A. BandaranayakeShirani BandaranayakeDr. Shirani Bandaranayake is the 43rd and current Chief Justice of Sri Lanka. She became the first female Chief Justice of Sri Lanka when she took oaths on May 18, 2011, succeeding the retiring Asoka de Silva....
- Hon. Justice Shiranee Tilakawardane
- Hon. Justice R.A.N. Gamini Amaratunga
- Hon. Justice Saleem MarsoofSaleem MarsoofJustice Saleem Marsoof, PC is a Sri Lankan judge and lawyer. He is a judge of the Supreme Court of Sri Lanka and former President of the Court of Appeal.He is also a non-resident Justice of Appeal of the Supreme Court of the Fiji Islands.-Education:...
, PCPresident'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... - Hon. Justice K. Sripavan
- Hon. Justice P.A. Ratnayake, PCPresident'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...
- Hon. Justice Chandra Ekanayake
- Hon. Justice S.I. Imam
- Hon. Justice R.K.S. Suresh Chandra
Retired justices
- Hon. Justice Sir Alexander JohnstonAlexander Johnston (1775–1849)Sir Alexander Johnston, PC, FRS , was a British colonial official who served as Chief Justice of Ceylon. He learned the Tamil, Telugu, and Hindustani languages.- References :...
- Hon. Justice Sir Anthony OliphantAnthony OliphantHon. Sir Anthony Oliphant was a British lawyer who was appointed Chief Justice of Ceylon by Her Majesty's Government. Prior to his appointment, Sir Anthony was Attorney General in the Cape Colony....
- Hon. Justice Sir Richard MorganRichard Morgan (lawyer)Sir Richard Morgan was a Ceylonese lawyer, who served as Chief Justice of Ceylon. He was the first Asian in the British Empire to receive a Knighthood and first Ceylonese to be a member of the Governor's Executive Council. Sir Richard was educated at the Colombo Academy.He was the crown advocate...
- Hon. Justice Eugene Wilfred JayewardeneEugene Wilfred JayewardeneJustice Eugene Wilfred Jayewardene, KC was a Ceylonese judge, lawyer and politician. He was the Chief Justice of the Supreme Court of Ceylon and is the father of J R Jayewardene the first executive President of Sri Lanka.Born to James Alfred Jayewardene, a Proctor who was the Deputy Coroner of...
- Hon. Justice Parinda RanasingheParinda RanasingheJustice Parinda Ranasinghe was a Sri Lankan, judge, who was the Chief Justice of the Supreme Court of Ceylon. He is also the President of the Asia Crime Prevention Foundation....
- Hon. Justice Neville SamarakoonNeville SamarakoonNeville Dunbar Mirahawatte Samarakoon was a Sri Lankan lawyer, who served as Chief Justice of Sri Lanka from 1977 to 1984.he's father was A.C.W Samarakoon and mother was Chandrawathi Mirahawatte kumarihamy...
- Hon. Justice Sarath N. SilvaSarath N. SilvaSarath 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...
, PCPresident'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... - Hon. Justice Ameer IsmailAmeer IsmailJustice Ameer Ismail is a retired Judge of the Supreme Court of Sri Lanka and a former Chairman of the Commission to Investigate Allegations of Bribery or Corruption, Sri Lanka.-Education:...
- Hon. Justice Sri LankabhimanyaSri LankabhimanyaSri Lankabhimanya is the highest National Honor of Sri Lanka awarded by the President of Sri Lanka on behalf of the Government. It is conventionally used as a title or prefix to the name of the person who received the award. It is the highest civil honour conferred for exceptionally outstanding...
Christopher WeeramantryChristopher WeeramantrySri Lankabhimanya Christopher Gregory Weeramantry was a Justice of the Supreme Court of Sri Lanka from 1967 to 1972. He was a Judge of the International Court of Justice from 1991 to 2000, and was Vice-President of the ICJ from 1997 to 2000... - Hon. Justice V. Manicavasagar
- Hon. Justice A. W. H. AbeyesundereA. W. H. AbeyesundereA. W. H. Abeyesundere, QC was a Sri Lankan lawyer, independence activist, former acting Attorney General of Sri Lanka and judge of the Supreme Court of Sri Lanka.-Roots and lineage:...
, QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law... - Hon. Justice J. F. A. Soza
- Hon. Justice Mark FernandoMark FernandoJustice Mark Damien Hugh Fernando was a jurist and former judge of the Supreme Court of Sri Lanka. He died after a long bout with cancer on 20 January 2009.-Education and early career:...
- Hon. Justice T.S. FernandoT.S. FernandoJustice T.S. Fernando, QC was a Sri Lankan judge and lawyer. He was a judge of the Supreme Court of Sri Lanka and Solicitor General of Ceylon.Fernando was educated at the prestigious Royal College Colombo and at the Colombo Law College...
, QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law... - Hon. Justice Oswald Leslie De Kretser IIOswald Leslie De Kretser IIJustice Oswald Leslie De Kretser II, CMG was a Ceylonese judge. He was a Puisne Justice of the Supreme Court of Ceylon....
, CMG - Hon. Justice Oswald Leslie De Kretser IIIOswald Leslie De Kretser IIIJustice Oswald Leslie De Kretser III was a Ceylonese judge. He was a judge of the Supreme Court of Ceylon.Born to Oswald Leslie De Kretser II a Puisne Justice of the Supreme Court of Ceylon, he was educated at the prestigious Royal College Colombo...
- Hon. Justice Noel Gratien, QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
- Hon. Justice Hema H. Basnayake, QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
- Hon. Justice Dharmadasa Wimalaratne
- Hon. Justice E.R.K.D.M. Hector Deheragoda
- Hon. Justice H.N.G. Fernando
- Hon. Justice G.P.A de Silva
- Hon. Justice J.A.N De Silva
- Hon. Justice A.R.N. Fernando
- Hon. Justice K.M.M.B. Kulatunge, PCPresident'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...
- Hon. Justice Andrew Somawansa
- Hon. Justice P. Colin Thome
- Hon. Justice A.C. AllesA.C. AllesHon. Justice Anthony Christopher Alles or A.C. Alles was a former Judge of the Supreme Court of Sri Lanka and also a non-fiction writer.-Early life:...
- Hon. Justice O.L. De kretzer
- Hon. Justice Sir Arthur Wijewardena
- Hon. Justice Arthur Eric Keuneman
- Hon. Justice Sir Francis Soertsz
- Hon. Justice E.F.N. Gratiaen
- Hon. Justice J.P. de Wet
- Hon. Justice Nihal Jayasinghe
Facilities
The Supreme Court of Sri Lanka is housed in the Supreme Court of Sri Lanka building.Jurisdiction
Article 118 of the Constitution - the Supreme Court is the highest and final superior court of record and is empowered to exercise original advisory and appellate judicial functions. It is also the final Court of Record and the Court of Appeal of Sri Lanka. The Supreme Court has the following powers, subject to the provisions of the Constitution:- Jurisdiction in respect of Constitutional matters (Articles 120 to 125)
- Jurisdiction for the protection of fundamental rights (Article 126)
- Final appellate jurisdiction (Article 127, 128)
- Consultative jurisdiction (Article 129)
- Jurisdiction in petitions relating to election of President; petitions relating to the validity of a referendum; appeals from Orders/judgments of the Court of Appeal in other election petitions – Article 130 (as amended by the 14th Amendment)
- Jurisdiction in respect of any breach of the privileges of Parliament (Article 132);
- Jurisdiction in respect of other matters which Parliament may by law vest or ordain
Appeals from judgments, sentences and orders pronounced at a High Court Trial at Bar lie direct to the Supreme Court.