Supreme Court of Sri Lanka
| Supreme Court of Sri Lanka | |
|---|---|
 The superior court complex |
|
| Established | 1801 |
| Jurisdiction | Sri Lanka |
| Location | Hultsdorf, Colombo |
| Composition method | Presidential nomination with Parliamentary Council confirmation |
| Authorized by | Sri Lankan Constitution |
| Judge term length | Until the age of 65 years |
| Number of positions | 9, by statute |
| Website | Supreme Court of Sri Lanka |
| Motto | |
| "Inspire public trust and confidence" | |
| Chief Justice of Sri Lanka | |
| Currently | Shirani A. Bandaranayake |
| Since | 18th May 2011 |
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.[1]
Contents |
[edit] 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 This creation was repealed by the Charter of 1833.[2] In 1972 the country adopted a new Constitution.
[edit] Composition
[edit] 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.
[edit] 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 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.[3] 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.[4]
[edit] 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.[5]
[edit] Membership
[edit] Current justices
- Hon. Chief Justice Dr. Shirani A. Bandaranayake
- Hon. Justice Shiranee Tilakawardane
- Hon. Justice R.A.N. Gamini Amaratunga
- Hon. Justice Saleem Marsoof, PC
- Hon. Justice K. Sripavan
- Hon. Justice P.A. Ratnayake, PC
- Hon. Justice Chandra Ekanayake
- Hon. Justice S.I. Imam
- Hon. Justice R.K.S. Suresh Chandra
[edit] Retired justices
- Hon. Justice A. W. H. Abeyesundere, QC
- Hon. Justice Sidney Abrahams
- Hon. Justice A.C. Alles
- Hon. Justice Hema H. Basnayake, QC
- Hon. Justice Richard Cayley
- Hon. Justice E.R.K.D.M. Hector Deheragoda
- Hon. Justice O.L. De kretzer
- Hon. Justice Oswald Leslie De Kretser II, CMG
- Hon. Justice Oswald Leslie De Kretser III
- Hon. Justice G.P.A de Silva
- Hon. Justice J.A.N De Silva
- Hon. Justice J.P. de Wet[6]
- Hon. Justice A.R.N. Fernando
- Hon. Justice H.N.G. Fernando
- Hon. Justice Mark Fernando
- Hon. Justice T.S. Fernando, QC
- Hon. Justice E.F.N. Gratiaen[7]
- Hon. Justice Noel Gratien, QC
- Hon. Justice Ameer Ismail
- Hon. Justice Mohomed Jameel
- Hon. Justice Nihal Jayasinghe
- Hon. Justice Eugene Wilfred Jayewardene
- Hon. Justice Sir Alexander Johnston
- Hon. Justice Arthur Eric Keuneman[8][9]
- Hon. Justice K.M.M.B. Kulatunge, PC
- Hon. Justice V. Manicavasagar
- Hon. Justice Sir Richard Morgan
- Hon. Justice C. Nagalingam, KC
- Hon. Justice Sir Anthony Oliphant
- Hon. Justice T. W. Rajaratnam
- Hon. Justice P. Ramanathan
- Hon. Justice Parinda Ranasinghe
- Hon. Justice Neville Samarakoon[10]
- Hon. Justice Suppiah Sharvananda
- Hon. Justice Sarath N. Silva, PC
- Hon. Justice V. Sivasubramaniam
- Hon. Justice Sir Francis Soertsz[11]
- Hon. Justice Andrew Somawansa
- Hon. Justice J. F. A. Soza
- Hon. Justice P. Sriskandarajah
- Hon. Justice H. D. Thambiah
- Hon. Justice H. W. Thambiah, QC
- Hon. Justice Vincent Thamotheram
- Hon. Justice P. Colin Thome
- Hon. Justice Christopher Weeramantry
- Hon. Justice Sir Arthur Wijewardena
- Hon. Justice Dharmadasa Wimalaratne
[edit] Facilities
The Supreme Court of Sri Lanka is housed in the Supreme Court of Sri Lanka building.
[edit] 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.
[edit] Landmark Judgments
Judgments of the supreme court can be found at LawNet.
[edit] See also
[edit] References
- ^ "Courts and cases Sri Lanka". The World Law Guide. http://www.lexadin.nl/wlg/courts/nofr/oeur/lxctsri.htm. Retrieved 23 June 2011.
- ^ "Chapter X". Transition To British Administration 1796-1805. Lakdiva Books. http://lakdiva.org/codrington/chap10.html. Retrieved 23 June 2011.
- ^ "The Supreme Court of Sri Lanka". Appointment and removal of Judges. Ministry of Justice. http://www.justiceministry.gov.lk/courts%20of%20Law/THE%20SUPREME%20COURT%20OF%20SRI%20LANKA.htm. Retrieved 23 June 2011.
- ^ "The Supreme Court of Sri Lanka". Appointment and removal of Judges. Ministry of Justice. http://www.justiceministry.gov.lk/courts%20of%20Law/THE%20SUPREME%20COURT%20OF%20SRI%20LANKA.htm. Retrieved 23 June 2011.
- ^ "The Supreme Court of Sri Lanka". Appointment and removal of Judges. Ministry of Justice. http://www.justiceministry.gov.lk/courts%20of%20Law/THE%20SUPREME%20COURT%20OF%20SRI%20LANKA.htm. Retrieved 23 June 2011.
- ^ Muller, J.B.. "Reclaiming the Burgher heritage". Daily News. http://www.dailynews.lk/2005/10/04/fea03.htm. Retrieved 10 July 2011.
- ^ Muller, J.B.. "Reclaiming the Burgher heritage". Daily News. http://www.dailynews.lk/2005/10/04/fea03.htm. Retrieved 10 July 2011.
- ^ Abeynayake, Stanley. "Pioneer of Left and Socialist Movement in Sri Lanka". Daily News. http://www.dailynews.lk/2010/01/04/fea01.asp. Retrieved 10 July 2011.
- ^ The Journal of the Dutch Burgher Union. http://www.dutchburgherunion.org/genealogy/ancestry-k/JDBU%201934%20Vol%2023%20No%204%20p201-202%20-%20Keuneman%20Ancestry(1).pdf.
- ^ Why no action on judge?, Sunday Times, 16 April 1999
- ^ Muller, J.B.. "Reclaiming the Burgher heritage". Daily News. http://www.dailynews.lk/2005/10/04/fea03.htm. Retrieved 10 July 2011.
[edit] External links
- Supreme Court of Sri Lanka website
- Database of Supreme Court decisions
- Ministry of Justice, Supreme Court of Sri Lanka
