Courts of Law

HIGH COURT OF SRI LANKA
 

* The Constitution of the Court
* Appointment and removal of Judges
* Age of retirement
* Jurisdiction – Original jurisdiction
                             Appellate jurisdiction
* Places of sitting

Constitution of the Court

The High Court consists of not less than ten and not more than Forty Judges [Article 111 of the Constitution and section 4 of the Judicature Act, No. 2 of 1978] as amended by Act, No. 16 -1989.

Article 154P of the Constitution provides for the establishment of the Provincial High Courts to which Judges are appointed by the Chief Justice from among  Judges of the High Court of Sri Lanka.

Appointment and removal of Judges

Article 111 of the Constitution as amended by the 17^th Amendment – Judges of the High Court are appointed by the President on the recommendation of the Judicial Service Commission made after consultation with the Attorney General.

Judges of the High Court are removable by the President and are subject to disciplinary control by the President on the recommendation of the Judicial Service Commission.

Age of retirement

Section 6(3) of the Judicature Act, No. 2 of 1978 – 61 years. 

Jurisdiction

Original jurisdiction–

• all prosecutions on indictment (exercised by Provincial High Courts in respect of offences committed within the Province );
• admiralty jurisdiction – ordinarily exercised in Colombo;
• commercial jurisdiction – vested by the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996 ;
• jurisdiction vested by Article 111L(2) (incorporated by the 17^th Amendment) to hear and determine an offence under Article 111L(1), i.e. influencing or attempting to influence  any decision or order made by the Judicial Service Commission or influencing any member thereof.
• applications for the return of or access to a child under the Hague Convention on the Civil Aspects of International Child Abduction (exercised by the High Court of the Western Province)

Appellate jurisdiction of Provincial High Courts -

• appellate and revisionary jurisdiction in respect of convictions, sentences, orders entered or imposed by Magistrate’s courts and Primary courts within the Province;

• writ jurisdiction in respect of powers exercised under any law or under any statutes made by the Provincial Council of that Province, in respect of any matter set out in the provincial Council list;

• appeals from Labour Tribunals, Agrarian tribunals and Small Claims Courts.