Attorney General of Sri Lanka

Last updated
Attorney General of Sri Lanka
AGdepartmentSL.png
Incumbent
Sanjay Rajaratnam
since 26 May 2021 (2021-05-26)
Attorney General's Department
Style The Honourable
NominatorThe President
AppointerThe President
with Constitutional Council advice and consent
Term length No fixed term
FormationFebruary 19, 1801;222 years ago (1801-02-19)
First holder James Dunkin
as Advocate Fiscal of Ceylon
Deputy Solicitor General of Sri Lanka
Website www.attorneygeneral.gov.lk

The attorney general of Sri Lanka is the Sri Lankan government's chief legal adviser, and its primary lawyer in the Supreme Court of Sri Lanka. The attorney general is usually a highly respected senior advocate, and is appointed by the ruling government. The current attorney general is Sanjay Rajaratnam. The president does not have any power to make orders, mandatory or otherwise, to the attorney general. He heads the Attorney General's Department which is the public prosecutor.

Contents

Unlike the attorney general of the United States, the attorney general of Sri Lanka does not have any executive authority and is not a political appointee; those functions are performed by the minister of justice. The attorney general is assisted by the solicitor general of Sri Lanka and several additional solicitors general.

Appointment

Under section 54 of the Constitution of Sri Lanka, the president of Sri Lanka appoints the attorney general on advice of the government. The general practice is the serving solicitor general succeeds the outgoing attorney general. However, there have been instances where exceptions have been made. [1]

Under the 17th Amendment and 19th Amendment to the Constitution, the attorney general along with the chief justice, the judges of the Supreme Court and the Court of Appeal, the members of the Judicial Service Commission, and four other officials are placed in a constitutionally guaranteed position of security from removal from office. [2]

Powers and duties

The powers and duties of the attorney general are derived from the Administration of Justice Law, No. 44 of 1973 and the Code of Criminal Procedure Act.

Salary and entitlements

Traditionally the attorney general is addressed by the honorific The Honourable . The attorney general draws a monthly salary and pensionable allowance (as at 2017) of Rs 240,000 and other allowances of 332,800. He/she is entitled to an official vehicle and an official residence or an allowance of Rs 50,000 in place of such. Further a books allowance of Rs 30,000 and allowance for not engaging in private practice of Rs 150,000 is provided. The position is pensionable, and holders are entitled to government duty free permits. [3]

List of attorneys general

Data based on:

#Attorney GeneralProvinceTook officeLeft officeAppointed by
Advocate Fiscal of Ceylon (1801–1833)
1 James Dunkin 19 February 18011802 Frederick North
2 Alexander Johnston Scotland 7 August 18021806
3 James Dunkin 22 April 18061808 Thomas Maitland
4 William Coke England 5 September 18081811
5 Ambrose Hardinge Giffard Ireland 26 February 18111821
6 Henry Matthews 1 November 18211829 Edward Barnes
7 William Norris 28 February 18291833 Edward Barnes
King's Advocate of Ceylon (1833–1838)
8 William Ogle Carr England 2 April 18331838 Robert Wilmot-Horton
Queen's Advocate of Ceylon (1838–1884)
9 John Stark 10 December 18381840 James Alexander Stewart-Mackenzie
10 Arthur William Buller 17 October 18401848
11 Henry Collingwood Selby 23 June 18481858 George Byng
12 Henry Byerley Thomson 3 May 18581863 Henry George Ward
13 Richard Morgan 1 January 18631876 Charles Justin MacCarthy
14 Richard Cayley England 4 April 18761879 William Henry Gregory
15 Bruce Burnside Bahamas 24 October 18791883 James Robert Longden
16 Francis Fleming 4 July 18831884
Attorney General of Ceylon (1884–1972)
16 Francis Fleming 1 January 18841886 Arthur Hamilton-Gordon
17 Samuel Grenier 30 September 18861892
18 Charles Layard Western 1 November 18921902 Arthur Havelock
19 Alfred Lascelles England 18 June 19021911 Joseph West Ridgeway
20 Anton Bertram 18 May 19111918 Henry McCallum
21 Henry Gollan 15 October 19181924 John Anderson
22 Lancelot Henry Elphinstone 6 October 19241929 William Manning
23 Edward St. John Jackson 12 May 19291936 Herbert Stanley
24 John Curtois Howard 27 July 19361936 Reginald Edward Stubbs
25 John William Ronald Illangakoon 1 October 19361942
26 Manikku Wadumestri Hendrick de Silva 7 July 19421946 Henry Monck-Mason Moore
27 Chellappah Nagalingam 25 January 19461947
28 Alan Edward Percival Rose 23 October 19471951
29 Hema Henry Basnayake 11 October 19511956 Herwald Ramsbotham
30 Edward Fredrick Noel Gratiaen 2 May 19561957 Oliver Ernest Goonetilleke
31 Douglas St. Clive Budd Jansze 1 April 19571966
32 Abdul Caffoor Mohamad Ameer 19661970 William Gopallawa
Attorney General of Sri Lanka
33 Victor Tennekoon Central 1 July 19701975 William Gopallawa
34 Shiva Pasupati 5 June 19751988
35 Pandikoralalage Sunil Chandra De Silva 19881992 J. R. Jayewardene
36 Tilak Marapana Sabaragamuwa 19921995 Ranasinghe Premadasa
37 Shibly Aziz 19951996 Chandrika Kumaratunga
38 Sarath N. Silva 19961999
39 Kandapper Kamalasabayson Eastern 19992007
40 Chitta De Silva Western 20072008 Mahinda Rajapaksa
41 Mohan Peiris 20082011
42 Eva Wansundera North Western 20112012
43 Palitha Fernando 17 July 201223 October 2014
44 Yuwanjana Wijayatilake 23 October 201410 January 2016
Suhada Gamlath 10 January 201611 February 2016 Maithripala Sirisena
45 Jayantha Jayasuriya 11 February 201629 April 2019
46 Dappula de Livera 29 April 201925 May 2021
47 Sanjay Rajaratnam 26 May 2021Present Gotabaya Rajapaksa

See also

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References

  1. Constitution of Sri Lanka
  2. The misunderstood role of the Attorney General in Sri Lanka
  3. SRI LANKA: JUDGES AND STATE LAW OFFICERS TO GET SUBSTANTIAL SALARY HIKES AND NEW ALLOWANCES
  4. Amerasinghe, A. Ranjit B (1986), The Supreme Court of Sri Lanka : the first 185 years, Sarvodaya Book Pub. Services, ISBN   978-955-599-000-4