Courts of Law

THE SUPREME COURT OF SRI LANKA

Address : Superior Courts Complex, Colombo 12, SRI LANKA 
Telephone : (94) 1328651;   Fax : (94) 1 435446

* Constitution of the Court 
* Judges of the Court  
* Appointment and removal of Judges  
* Jurisdiction of the court  
* Sittings of the court  
* Rules of Court  
* Age of retirement  
* Registry  
* Judgments

  Chief Justice

HON. SARATH NANDA SILVA
Chief Justice of the Supreme Court of Sri Lanka

Hon. Sarath Nanda Silva was appointed as Chief Justice of the Supreme Court of Sri Lanka  on  16^th September 1999.
He  was admitted as an Advocate of the Supreme Court of Sri Lanka in June 1967. His Lordship commenced his career   in  the Attorney General’s department  in 1968 as a Crown Counsel. He was promoted to Senior State Counsel in 1975 and Deputy Solicitor-General in 1979. Appointed as a Judge of the Court of Appeal in 1987,  he  became the President of the Court of Appeal in 1994. 

In 1995,   he was elevated to the office of a Judge of the Supreme Court. 

He was appointed Attorney-General in 1996 and was appointed a President’s Counsel the same year.

He holds a  L.L.M.  Magna Cum Laude ( with high honours)  awarded by  the University of Brussels (V.V.B.)

As Crown Counsel and Senior State Counsel he engaged in criminal work prosecuting in the Assize Sessions of the Supreme Court in various parts of  country.  As Deputy Solicitor-General he handled mainly  civil and public law cases.

He has served as a Lecturer in Civil Procedure  at the Sri Lanka Law College from 1981 to 1987 and as a Visiting Lecturer at the Faculty of Law, University of  Colombo on the subject  Interpretation of Statutes and Documents.  He also  functioned as a Lecturer at the Sri Lanka Institute of Development Administration (SLIDA) where he structured the Study Program on Administrative and Constitutional Law.

As President of the Court of Appeal,  His Lordship  was successful in reducing a 19,000 case backlog to 10,000 within two years.  At  His Lordship’s initiation,  a computerized case tracking system  which serves as a model for future court registry automation  has been  installed. 

Judges of the Court

Hon. Justice Mark D.H. Fernando, P.C.

Hon. Justice Dr. S.A. Bandaranayake

Hon. Justice D.P.S. Gunasekera

Hon. Justice Ameer Ismail

Hon. Justice P. Edussuriya

Hon. Justice H.S.Yapa

Hon. Justice C.V. Wigneswaran

Hon. Justice J.A.N. de Silva

Hon. Justice T. B. Weerasuriya

Hon. Justice Nihal Jayasinghe
                                                
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Constitution of the Court

Article 119 of the Constitution – The court consists of the Chief Justice and not less than six and not more than ten other Judges.

Appointment and removal of Judges

Article 107 – Appointment of all Judges of the Supreme Court and Court of Appeal is by the President subject to the provisions of Article 41C.

Article 41C (introduced by the 17^th Amendment) which came into operation on October 3^rd, 2001- No appointment may be made by the President unless such appointment has been approved by the Constitutional Council upon a recommendation made to the Council by the President. This requirement will not apply if the appointment is for a period less than fourteen days.

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.  

Article 107(2) of the Constitution – Judges hold office during good behaviour and cannot be removed except by an order of the President made after an address of Parliament, supported by a majority of the Members of Parliament, has been presented to the  President for removal on the ground of proved misbehaviour or incapacity. 

A resolution for the presentation of such an address can be entertained by the Speaker or be placed on the Order Paper of Parliament only if notice of the resolution is signed by not 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 such an 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.  

Article 110(2) of the Constitution – A Judge (of the Supreme Court and Court of Appeal) is not permitted to perform 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.
 

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Jurisdiction of the Court

Article 118 of the Constitution - the Supreme Court is the highest and final superior court of record and is empowered to exercise 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 14^th 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.

Sittings of the Court

Article 132 of the Constitution – The several jurisdictions of the Supreme Court is ordinarily exercised in Colombo unless the Chief Justice otherwise directs and, subject to the provisions of the Constitution,  is ordinarily exercised at all times by a Bench of at least three Judges ; the Chief Justice may, on his own motion or at the request of two or more Judges hearing any matter or on the application of a party , if the question involved is in the opinion of the Chief Justice one of general and public importance, direct that an appeal, proceeding or matter be heard by a Bench comprising five or more Judges.

Appeals from a High Court Trial at Bar shall be heard by a Bench of five or more Judges.

Rules of the Court

Article 136 of the Constitution – The Chief Justice with any three Judges of the Supreme Court nominated by him, is empowered to make Rules regulating generally the practice and procedure of the court including the matters specifically referred to in the Article.

Age of retirement

Article 107(5) of the Constitution - 65 years.

Registry

Article 135 of the Constitution - The Registry is in charge of the Registrar who is subject to the supervision, direction and control of the Chief Justice.

Registrar - Mr. Bandula Atapattu, Attorney-at-Law 

Telephone - (94) 1 435446.

Judgments

The official law reports titled the Sri Lanka Law Reports contain Judgments of the Court. Recent judgments are posted on this web site. For other judgments see http://www.lawnet.lk