The Judicial System of Sri Lanka
Introduction
The judicial system of Sri Lanka is an independent and integral arm of the government, responsible for interpreting laws, administering justice, and protecting the rights and freedoms guaranteed by the Constitution. Influenced by both Roman-Dutch law and English common law, Sri Lanka’s legal system is a unique hybrid shaped by its colonial history and indigenous traditions.
The Sri Lankan judiciary is structured to ensure fair, impartial, and accessible justice for all citizens and operates under the framework of the 1978 Constitution of the Democratic Socialist Republic of Sri Lanka.
Historical Background
Sri Lanka’s legal and judicial systems have evolved over centuries:
-
Ancient Period: Before colonial rule, Sri Lanka had its own system of justice based on customary laws, Buddhist principles, and royal decrees.
-
Colonial Influence:
-
Portuguese (1505–1658) and Dutch (1658–1796) introduced Roman-Dutch law, which remains the basis for civil law in Sri Lanka.
-
British Rule (1796–1948) introduced English common law principles, judicial institutions, and procedural reforms.
-
-
Post-independence, Sri Lanka retained many colonial legal structures but reformed them under the republican constitutions of 1972 and 1978.
Sources of Law in Sri Lanka
Sri Lanka’s legal system draws from multiple sources:
-
Roman-Dutch law – Applied in civil matters.
-
English common law – Influences procedural law and criminal law.
-
Statutory law – Enacted by the Parliament.
-
Customary and personal laws:
-
Kandyan law (applies to Kandyan Sinhalese in matters like marriage and inheritance),
-
Thesavalamai (for Jaffna Tamils),
-
Muslim personal law (for Muslims).
-
-
Constitutional law – Supreme law of the land.
Structure of the Judicial System
Sri Lanka's court system is hierarchical, comprising several levels, with the Supreme Court at the apex.
1. Supreme Court of Sri Lanka
-
Highest court and the final appellate body.
-
Has constitutional jurisdiction, fundamental rights jurisdiction, and advisory jurisdiction.
-
Can hear appeals from the Court of Appeal.
-
Composed of the Chief Justice and a number of Puisne Judges, appointed by the President with the approval of the Constitutional Council.
2. Court of Appeal
-
Hears appeals from lower courts and tribunals.
-
Has writ jurisdiction (e.g., writs of certiorari, mandamus).
-
Can revise and review decisions of the High Court.
3. High Court of Sri Lanka
-
Has original criminal jurisdiction for serious offenses.
-
Handles appeals from Magistrates’ and Primary Courts in criminal cases.
-
Also has commercial and admiralty jurisdiction in specific High Court branches (e.g., Commercial High Court of Colombo).
4. District Courts
-
Original civil jurisdiction.
-
Handles matters such as property disputes, divorce, testamentary cases, and contracts.
5. Magistrates’ Courts
-
Deal with minor criminal cases, traffic offenses, and preliminary inquiries for indictable offenses.
-
Operate under the Judicature Act.
6. Primary Courts
-
Exist in selected areas.
-
Deal with minor civil and criminal cases in rural or less-developed areas.
7. Labour Tribunals and Other Special Courts
-
Labour Tribunals: Deal with employment and industrial disputes.
-
Family Courts, Juvenile Courts, Commercial Courts, and Quazi Courts (for Muslim personal law) exist for specialized matters.
Appointment of Judges
-
Judges of the Superior Courts (Supreme Court and Court of Appeal) are appointed by the President, with the approval of the Constitutional Council.
-
Judges of lower courts are appointed by the Judicial Service Commission (JSC).
-
The JSC is an independent body responsible for recruitment, transfer, and disciplinary control of judicial officers below the Court of Appeal.
Fundamental Rights and the Judiciary
Under Chapter III of the 1978 Constitution, Sri Lankan citizens are guaranteed fundamental rights, including:
-
Equality before the law,
-
Freedom of speech and expression,
-
Freedom of religion,
-
Right to freedom of movement,
-
Right to education and freedom from torture.
Violations of these rights can be directly challenged in the Supreme Court, making it a crucial guardian of constitutional liberties.
Judicial Independence
The judiciary is meant to function independently from the executive and legislative branches. Key features protecting judicial independence include:
-
Security of tenure for judges,
-
Financial autonomy,
-
The existence of the Judicial Service Commission,
-
The role of the Constitutional Council in higher judicial appointments.
However, there have been historical concerns about executive interference, especially during times of political instability. Reforms in recent years have aimed to reinforce judicial independence and transparency.
Recent Reforms and Challenges
Sri Lanka has taken steps to modernize its legal and judicial system:
-
Introduction of e-filing systems and virtual courtrooms.
-
Deliberations on legal reforms in areas such as anti-corruption, commercial law, and environmental law.
-
Greater emphasis on alternative dispute resolution (ADR) such as mediation and arbitration to ease the burden on courts.
Challenges still remain, including:
-
Judicial delays and case backlogs,
-
Access to justice in rural and marginalized areas,
-
Language barriers, especially for Tamil-speaking citizens,
-
Public perception of politicization of judicial appointments or decisions.
Legal Profession and Bar Association
The legal profession in Sri Lanka is regulated by the Bar Association of Sri Lanka (BASL). Only those who complete their education and apprenticeship through the Sri Lanka Law College and pass the Final Examination for Attorneys-at-Law are eligible to practice.
Lawyers play a vital role in upholding the justice system, and many prominent figures in Sri Lankan society have emerged from this profession.
Conclusion
Sri Lanka’s judicial system is a critical pillar of democracy, law, and order. Rooted in a complex legal heritage, it has adapted over the years to serve a diverse, multilingual, and multicultural society. While the system faces challenges in terms of efficiency and access, ongoing reforms and a commitment to the rule of law aim to strengthen the judiciary and ensure justice for all.
As Sri Lanka continues to develop as a modern democracy, the role of its judicial system will remain central in maintaining civil liberties, resolving disputes, and preserving the rule of law.
Keep it up...
ReplyDelete