Supreme Court of Sri Lanka

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 Ceylon" by the British, who controlled most of the island at the time, excluding the inland territory of Kandy. This creation was repealed in 1833 and replaced by a new Charter covering the whole of the island. In 1972 the country gained its independence as Sri Lanka and 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 consent of the Constitutional Council (Sri Lanka). 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 Parliament 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.

Removal

A judge of the Supreme Court can only be removed by Parliament, however if convicted of a criminal offense the judge may face a jail sentence. The 2015 indictment of Justice Sarath De Abrew is the first time that a sitting Supreme Court judge has been indicted on a criminal offense.

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:

Appeals from judgments, sentences and orders pronounced at a High Court Trial at Bar lie direct to the Supreme

Independence

Sri Lankan judiciary was considered non-independent by some analysts during the time of President Mahinda Rajapaksa. It was proved right by the Impeachment of Shirani Bandaranayake. Shirani Bandaranayake the former chief justice was impeached by the parliament for rulings against the government, including one against a bill proposed by Basil Rajapaksa the minister for economic development and the brother of president Mahinda Rajapaksa. Bandaranayake was replaced as chief justice by former Attorney General Mohan Peiris. Peiris is considered to be an ally of President Rajapaksa and his appointment is seen by critics as further consolidation of power by the president and his family. Bandaranayake has refused to recognise the impeachment and lawyers groups have refused to work with the new chief justice. Bandaranayake's controversial impeachment has drawn much criticism and concern from within and outside of Sri Lanka.

After Maithripala Sirisena was elected as president the appointment of Mohan Peiris was considered null and void in law because Bandaranayake’s sacking by the previous Government had no legal validity. Shirani Bandaranayake resumed office carrying a bouquet of flowers and being greeted by lawyers.After that she lawfully retired and Kanagasabapathy Sripavan was appointed as the Chief justice

Landmark Judgments

In one of the landmark judgements, Supreme Court ruled that powers over land would continue to remain vested in the Central Government, and not the provincial councils.

The verdict assumes significance in the wake of the government’s apparent reluctance to devolve land and police powers — stated in the 13th Amendment that followed the Indo-Lanka Accord of 1987 — to its provinces. It practically killed the 13th amendment.