COURT SYSTEM OF SRI LANKA
The Structure of the Courts System
INTRODUTION
The court-structure consists of a Supreme Court, a Court of Appeal, High Courts,
Municipal Courts, and Primary Courts. Additionally, there are numerous tribunals, etc.
In cases involving criminal law, a Magistrate’s Court or a High Court is the only court with
primary jurisdiction; the respective legal domains of each are provided in the Code of
Criminal Procedure.
The preponderant majority of criminal law cases are initiated at a Magistrate’s Court.
These cases may be initiated by any police officer, or public servant, with a written or
oral complaint to the magistrate (see section on Magistrate’s Court).
Murder trials and various offenses against the State originate in a High Court (see
section on High Courts).
Original jurisdiction over most civil matters lies with the relevant District Court (see
section on District Courts).
Until 1972, The Judicial Committee of the Privy Council in Britain was the final court of
appeal for Sri Lanka. The right of appeal to the Privy Council “was abolished…as there
were concerns that any attempt to discard the existing Constitution in 1972 might be
adjudged unconstitutional.”
There are also other courts such as the Kathi Courts that handle matrimonial disputes
among Muslims, and numerous tribunals.
1. The Supreme Court
Established :1801
Country :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 : Mohan Peiris
Since :15th January, 2013
The Supreme Court is the highest and final court of record, and exercises final civil and
criminal appellate jurisdiction.
Litigants who do not agree with a decision of the original court, be it civil, criminal, or
Court of Appeal, may take the case before the Supreme Court, with permission from the
Court of Appeal, or special permission from the Supreme Court. The Supreme Court,
however, will only agree to consider cases involving a substantial legal issue.
The Supreme Court is composed of a Chief Justice and not less than six, and not more
than ten, other judges.
Cases that fall under the several jurisdictions of the Supreme Court are exercised,
subject to provisions in the Constitution, by a bench of at least three judges of the
Supreme Court. Thus different cases may be heard at the same time by several judges of
the Supreme Court sitting apart.
Appeals of decisions of a High Court Trial at Bar are heard by a Bench of five or more
Supreme Court judges.
The Constitution provides for temporary restrictions on fundamental rights if national
security issues are involved.
This determination and opinion of the Supreme Court should be by at least five judges of
the Supreme Court, including the Chief Justice, except for in the event of the Chief
Justice’s recusal. The Chief Justice’s recusal will result in another judge of the Supreme
Court taking the Chief Justice’s place.
The Constitutional Council’s approval is not required if the appointment is for a period of
less than 14 days. The age of retirement for Supreme Court judges is 65 years.
2. Court of Appeal
The Court of Appeal is the first appellate court for decisions of all original courts and
certain Tribunals.
The Court of Appeal is composed of the President of the Court, and not less than six, and
not more than eleven other judges. Many cases at the Court of Appeal are presided over
by a single judge.
The Court of Appeal hears appeals against judgments of the High Courts. It exercises
appellate jurisdiction for the correction of errors in fact or in law at a High Court, or any
Court of first instance, or Tribunal, or other Institution. In addition to the jurisdiction to
affirm, reverse, correct, or modify a judgment, the Court of Appeal may give directions
to a Court of first instance, Tribunal, or other Institution, or order a new trial, or order
additional hearings as the Court of Appeal deems appropriate.
“Even when there is no right of appeal from a particular court or tribunal, [the Court of
Appeal] can exercise [its] powers of ‘revision’ and quash the original court’s or tribunal’s
order [based on] an error of law apparent [in] the record.” 12 The Court of Appeal, if
appropriate, also has the authority to issue a ‘stay order’ and suspend proceedings in a
lower court until the revision application is heard and determined.
The Court of Appeal also has the authority to receive and admit new evidence additional,
or supplementary, to evidence already recorded in a court of first instance.
Appeals of judgments, sentences and orders at a High Court Trial at Bar are forwarded
directly to the Supreme Court by virtue of the Code of Criminal Procedure (Amendment)
Act, No.21 of 1988.
The Court of Appeal, in exercising its power to examine and reverse a judgment of any
court of first instance, has the authority to examine any record of any court of first
instance.
The Court exercises jurisdiction to grant writs of habeas corpus in order to bring before
the Court a person who has to be dealt with according to the law, or to bring before the
Court a person illegally or improperly detained in public or private custody.
The Court of Appeal grants injunctions, and also exercises the jurisdiction to try petitions
challenging the election of a Member of Parliament.
The Court of Appeal sits in Colombo, the Capital city. The Chief Justice may direct that
particular sittings of the Court be held in another judicial zone or district.
Appeals against judgments, sentences and orders of the High Court (other than
judgments, sentences and orders delivered at a Trial-at-Bar), are heard by at least two
judges of the Court of Appeal.
Parliamentary election petitions are heard by the President of the Court of Appeal, or by
a judge of the Court of Appeal nominated by the President of this Court, or by more
judges of the Court of Appeal nominated by the President of this Court, of whom the
President of the Court may be one.
Other issues before the Court may be heard by a single judge of the Court of Appeal.
If the Court hearing a case consists of two judges and they fail to agree on a decision, the
issue is reviewed by three judges of the Court of Appeal.
Court of Appeal cases are now published in Sri Lanka Law Reports. As of October 2008,
Court of Appeal cases from 1809 through 2005 are accessible online. See section on
Cases, Bills, and Acts.
3. High Courts
Trials at a High Court are conducted by the State (Sri Lanka), through the Attorney-
General’s Department. The Attorney-General’s Department prosecutes on behalf of the
State.
Murder trials and various offenses against the State are tried at the High Court; other
criminal offenses are tried at a Magistrate’s Court.
While some High Court trials will have a jury, some trials will not have a jury. The types
of cases that require a jury are provided in the Second Schedule of the Judicature Act
No.2 of 1978. Also, the Attorney-General has the authority to determine whether a case
that does not fall into a category provided in the Second Schedule of the Judicature Act
No.2 of 1978 should nonetheless have a jury.
The Penal Code stipulates the types of cases argued in a High Court: “The Penal Code
defines most of the criminal offenses known to our law. And the Code of Criminal
Procedure Act. No: 15 of 1979 sets out which of these offenses [can be tried] by each
court [High Court and Magistrate’s Court].” 13
The High Court is composed of not less than ten and not more than forty judges. This
Court sits in 16 provinces in the country (16 High Courts).
The Provincial High Court sits in the following cities: Colombo, Kalutara, Galle, Matara,
Batticaloa, Jaffna, Chilaw, Negombo, Gampaha, Kegalle, Kurunegala, Kandy, Avissawella,
Ratnapura, Badulla, and Anuradhapura.
Judges of the High Court are appointed by the President of the Republic on the
recommendation of the Judicial Service Commission, and in consultation with the
Attorney-General. The President of the Republic, acting on the advice of the Judicial
Service Commission, exercises authority in disciplinary matters concerning the High
Court judges. The President may terminate the service of a High Court judge on the
advice of the Judicial Service Commission.
The Judicial Service Commission (JSC) was established by the enactment of Article 111D
of the Constitution, incorporated by the 17 th Amendment, which became effective on
October 3, 2001. The JSC is composed of the Chief Justice (as Chairman) and two other
judges of the Supreme Court appointed by the President of the Republic.
The age of retirement for High Court judges is 61.
4. District Courts
District Courts are the Courts of first instance for civil cases. District Courts have
jurisdiction over all civil cases not expressly assigned to the Primary Court or a
Magistrate’s Court.
Sri Lanka has 54 judicial districts. Every District Court is a court of record and is vested
with unlimited original jurisdiction in all civil, revenue, trust, insolvency and
testamentary matters, other than issues that are assigned to any other court by law.
Certain specific civil issues handled by the District Courts include:
i. Cases related to ownership of land.
ii. Action by landlords to eject tenants.
iii. Action to recover debts of more than Rs. 1,500.
iv. Action in connection with trademark and patent rights, and infringement of
copyright laws.
v. Claims for compensation of more than Rs. 1, 500 for injuries caused by
negligence.
vi. Divorce cases (Formerly, divorce cases were handled by the now defunct Family
Courts).
Commercial disputes that are more than three million rupees in monetary value fall
within the purview of the High Court in Colombo, the administrative capital, in
accordance with the High Court of the Provinces (Special Provisions), Act No. 10 of 1996.
There is a standard form of plaint for each type of action, and if necessary, there may be
variations to the form.
The normal procedure is for the filing of a plaint by the plaintiff. The plaint is argued
before a District Court judge, and if the judge is satisfied that all matters are in order, an
order may be issued to serve summons, along with a copy of the plaint, on the
defendant(s). Usually, the plaintiff, or the plaintiff’s attorney, must ensure that the
Court’s fiscal officer serves the summons, with a copy of the plaint, to the defendant.
The defendant appears in court on the summons returnable date. The defendant, or his
or her lawyer, is provided with a date by which an answer to the plaint is required.
Further pleadings may be filed, especially if the defendant files a counter-claim, a claim
in reconvention. The counter-claim, if any, must relate to the issue brought before the
District Court by the plaintiff. The plaintiff may then file a replication in response to the
defendant’s claim in reconvention.
The above procedure is the normal procedure at the District Court. There is also a
Summary Procedure for the District Court provided in Chapter 53 of the Civil Procedure
Code.
Judges of the District Courts are appointed by the Judicial Service Commission (See
section on High Courts for information on the JSC). The JSC has the power to dismiss and
maintain disciplinary control over the District Court judges.
The retirement age for District Court judges, generally, is 60 years.
5. Magistrate’s Courts
The Magistrate’s Courts are established under the Judicature Act, No.2 of 1978.
Each Judicial division has one Magistrate’s Court, and there are 74 judicial divisions in Sri
Lanka.
Each Magistrate’s Court is vested with original jurisdiction over criminal offenses (other
than offenses committed after indictment in the High Court.)
In cases involving criminal law, the Magistrate’s Courts and the High Court are the only
Courts with primary jurisdiction. The respective domains of these Courts are detailed in
the Code of Criminal Procedure.
Appeals from these courts of first instance may be made to the Court of Appeal and,
under certain circumstances, to the Supreme Court, which exercises final appellate
jurisdiction.
The vast majority of the nation’s criminal cases are tried at the Magistrate’s Courts level,
which forms the lowest level of the judicial system.
Cases may be initiated at a Magistrate’s Court by any police officer or by anyone else
making an oral or written complaint to the Magistrate. The Magistrate is empowered to
make an initial investigation of the complaint, and to determine whether his or her Court
has proper jurisdiction over the matter, whether the matter should be tried by the High
Court, or whether the matter should be dismissed.
If it is determined that the Magistrate’s Court has the proper jurisdiction over the
matter, the prosecution may be conducted by the complainant (plaintiff), or by an officer
of the Government, including the Attorney-General, the Solicitor-General, a state
counsel, or any officer of any national or local government office.
At the trial, the accused has the right to call and cross-examine witnesses.
Trials are conducted without a jury, and the verdict and sentence are given by the
Magistrate.
Any party in a case who is in disagreement with a judgment has the right to appeal the
judgment, on any point of law or fact, at the Court of Appeal.
If the police decide not to institute criminal proceedings in a Magistrate’s Court, the
complainant has the option of filing a private plaint, and the complainant may retain an
attorney for this purpose.
As indicated earlier, while murder trials and various offenses against the State (Sri
Lanka) are tried in a High Court, other criminal offenses are tried in a Magistrate’s Court.
The Penal Code defines which court, a Magistrate’s Court or a High Court, has the
necessary jurisdiction (Code of Criminal Procedure Act No.15 of 1979).
If a new offense is codified by law, for instance the Prevention of Terrorism Act, the
relevant statute will indicate the manner of trial.
The Magistrate’s Courts are ordinarily empowered to impose the following sentences: A
fine of up to Rs. (rupees) 1,500.00, and/or two years of rigorous or simple imprisonment,
unless special provisions vest the Magistrate’s Courts with the power to impose higher
penalties.
Magistrates are appointed by the Judicial Service Commission (JSC), and the Commission
exercises disciplinary oversight over the judges, including the power of dismissal (See
section on High Courts for information on the Judicial Service Commission).
The retirement age for Magistrate’s Court judges, generally, is 60 years.
6. Primary Courts
Each Primary Court is vested with the following jurisdictions:
i. Original civil jurisdiction over cases involving debt, damages, demands, or
claims that do not exceed Rs. 1,500.
ii. Enforcement of by-laws by local authorities and disputes relating to recovery
of revenue by these local authorities.
iii. Exclusive criminal jurisdiction over cases relating to offenses “prescribed” by
regulation by the Justice Minister.
iv. Offenses in violation of the provisions of any Parliamentary Act, or subsidiary
legislation, that is related to jurisdiction vested in the Primary Courts.
The Primary Courts are established under the Judicature Act, No.2 of 1978.
There are seven Primary Courts: One each in Anamaduwa, Angunukolapelessa, Kandy,
Mallakam, Pilessa, Wellawaya and Wennappuwa.
In all other divisions, the Magistrate’s Court exercises the jurisdiction of the Primary
Courts.
Requests for revision of orders made by a Primary Court are handled by the High Court
in that province.
All Primary Court judges are appointed by the Judicial Service Commission (JSC), which is
also vested with the power of dismissal of the Primary Court judges (See section on
“High Courts” for information on the JSC).
Generally, the retirement age for Primary Court judges is 60.
7.Mediation Boards-
The mediation Boards Act of 1995 and subsequent amendments govern this mediation aspects. The
Minister has power to set up Mediation Boards and set the areas that will come under such
mediation boards. Commercial mediations are reality now in SL.Arbitration ; Is also another form of
dispute resolution . Arbitration Act of 1995 and subsequent amendments govern the
procedureTribunals- Labour Tribunal established under industrial Disputes Act provides provisions
for the employees to institute action against employers.Agricultural Tribunals established under the
Agrarian Services Act of 1979 enables settling disputes as to cultivation and related matters.Read
Judicature Act , Constitution of Sri Lanka , Books on Legal System about Sri Lanka for further details.
Visit website of Minisrty of Justice as well to get current information
8. Other Courts and Tribunals
The other courts include the Kathi Court, the special tribunal that adjudicates on
matrimonial matters relating to Muslims. Buddhist ecclesiastical matters that fall under
the purview of the Buddhist Temporalities Ordinance of 1931 are heard by the ordinary
courts. Disciplinary matters pertaining to Buddhist clergy are handled by religious
councils which are under the authority of the Buddhist priests themselves.
There are numerous administrative tribunals, such as the Inland Revenue Board of
Appeal, The Workmen’s Compensation Tribunals, Labor Tribunals, the Board of Appeal
under the Factories Ordinance, Tribunals under Agricultural Productivity Law, Labor
Tribunals under the Wages Board Ordinance, etc.
Most decisions of these tribunals can be appealed at the Court of Appeal; when
regarding a substantial question of law, the decision of the Court of Appeal may be taken
up at the Supreme Court.
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