Chief Justice of Sri Lanka

Last updated

Chief Justice of Sri Lanka
අග්‍ර විනිශ්චයකාර
பிரதம நீதியரசர்
Incumbent
Murdu Fernando [1]
since 16 November 2024
(Acting: 10 October – 16 November 2024)
Style The Honourable Justice/His Lordship
NominatorThe President
AppointerThe President
with Constitutional Council advice and consent
Term length Until the age of sixty-five years
Constituting instrumentRoyal Charter of Justice of 1801 in reference with the Constitution of Sri Lanka.
FormationMarch 1801
First holder Codrington Edmund Carrington
Website www.supremecourt.lk

The chief justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the chief justice is one of ten Supreme Court justices; the other nine are the puisne justices of the Supreme Court of Sri Lanka. The post was created in 1801. The chief justice is nominated by the Constitutional Council, and appointed by the president. The first Chief Justice was Codrington Edmund Carrington. The current Chief Justice is Murdu Nirupa Fernando.

Contents

History

The office of chief justice traces its origins back with the founding the Royal Charter of Justice of 1801 (now this provision is as set out in the Constitution of Sri Lanka) by the United Kingdom. With the establishment of the Supreme Court, it was to consist of one principal judge who shall be called "The Chief Justice of the Supreme Court of Judicature in the Island of Ceylon" and one other judge, who was to be called "The Puisne Justice of the Supreme Court of Judicature in the Island of Ceylon". The charter required the chief justice and puisne justice to have not less than five years of experience as barristers, in England or Ireland to be named and appointed.

The post was first held by Codrington Edmund Carrington. [2]

Controversy of 2013–2015

The chief justice Mohan Peiris PC was appointed on 15 January 2013 following the controversial impeachment of Shirani Bandaranayake. Peiris was elevated by President Mahinda Rajapaksa with the approval of the Parliamentary Council. Peiris' appointment drew some criticism. Peiris was considered to be an ally of President Rajapaksa, and his appointment was seen by critics as further consolidation of power by the president and his family. [3] [4] Prior to his appointment he was Chairman of Seylan Bank, Senior Legal Officer to the Cabinet and held the post of attorney general. Peiris was officially inaugurated as chief justice at a ceremony in the Supreme Court on 23 January 2013. On 28 January 2015 Peiris was removed from office and his tenure demoted as de facto chief justice as the Government of Sri Lanka acknowledged that his appointment was void at its inception as the sitting judge, Shirani Bandaranayake, was not impeached lawfully and therefore no vacancy existed for the post.

Appointment

Appointment

The appointment and removal of judges of the Supreme Court is outlined in Chapter XV Article 107 of the Sri Lankan Constitution. It states that "the Chief Justice and every other Judge of the Supreme Court shall be appointed by the President of the Republic by warrant under his hand". Judges of the Supreme Court shall hold office until the age of retirement of sixty-five years. Article 109 describes appointments of an acting chief justice or Judge of the Supreme Court. The president shall appoint another judge of the Supreme Court to act in the office of chief justice when the incumbent is "temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from the country or any other cause" during such period. Each person appointed to or to act as chief justice or a judge of the Supreme Court shall only take office and enter upon its duties after taking the oath or the affirmation set out in the Fourth Schedule of the Constitution. [5]

Oath of office

"I ............................................................. do solemnly declare and affirm / swear that I will faithfully perform the duties and discharge the functions of the office of Chief Justice in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the law, and that I will be faithful to the Republic of Sri Lanka and that I will to the best of my ability uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka." [6]

Removal of office

Judges of the Supreme Court shall hold office during good behaviour. Removal of a judge shall only proceed with an address of the Parliament supported by a majority of the total number of Members of Parliament, (including those who are not present), and then by an order of the president. Reasons for such removal should be on the grounds of proved misbehaviour or incapacity. [5]

Duties

The chief justice serves as chairman of the Judicial Service Commission (JSC), which consist of two judges of the Supreme Court appointed by the president of the republic. [5] The mission of the JSC is to accelerate the development of the nation by ensuring prompt and equal protection of the law to every citizen through providing infrastructure services required for administration of justice, safeguarding the independence of judges and maintaining proper human resources management in the support staffs in court. Other duties of the chief justice include nominating judges, as may be necessary, to each such high court. Every judge shall be transferable by the chief justice. [7]

Since its inception in the early nineteenth century, the chief justice was the second in line as the officer administrating the colony of Ceylon in the absence of the governor of Ceylon and the chief secretary of the colony; discharging the duties of Acting Governor of Ceylon. Following Ceylon gaining self-rule in 1948, the chief justice became the first in line as the officer administrating the government in the absence of the governor general of Ceylon serving as the acting governor general of Ceylon. This practice continued after the republican constitution was adopted in 1972 and the Dominion of Ceylon became the Republic of Sri Lanka, with the chief justice serving as acting president during the absence of the president of Sri Lanka. This capacity ceased with the second amendment to the republican constitution in 1978, when the executive presidency was established and order of succession defined. [8]

Precedence, salary, residence and privileges

The chief justice is ranked fourth in the order of precedence after the president, prime minister and the speaker of the Parliament. From 1948 to 1978 the speaker ranked third in the precedence after the governor general/president and the prime minister. After the second amendment to the republican constitution in 1978, in which the chief justice was removed from the presidential line of succession; the chief justice gained his current position in the order of precedence. [8]

In 2016, the chief justice received a salary of Rs. 145,000 per month and an annual increment of Rs 7,250. [9] In addition, the chief justice can use the Chief Justice's House in Colombo and is entitled to an official vehicle, usually a black Mercedes-Benz S-Class, and security provided from the Judicial Security Division of the Sri Lanka Police. On retirement the chief justice is entitled to a pension and his wife and children are entitled to a W&OP entitlement under the Widows Widowers & Orphans Pension Act. As with other government department heads the chief justice his entitled to take ownership of the official vehicle he used in his tenure or the highest grade duty free permit to import a vehicle for use in retirement. As with other judges of the Supreme Court, a former chief justice is bared from taking up a legal practice in the retirement.

Dress

The chief justice like other supreme court judges wear scarlet gowns when attending court. On ceremonial occasions (such as ceremonial sittings of the Supreme Court) they would wear a scarlet gown, barrister's bands and mantle and a long wig.

List of chief justices

Data based on:

#Chief JusticeProvinceTook officeLeft officeElevated by
Chief Justice of Ceylon (1801–1972)
1 Codrington Edmund Carrington England March 18012 April 1806 North
2 Edmund Henry Lushington England 15 April 18071809 Maitland
3 Alexander Johnston¤ Scotland 6 November 18111819 Wilson
4 Ambrose Hardinge Giffard Ireland 8 April 18192 March 1827 Barnes
5 Richard Ottley 1 November 18271833
6 Sir Charles Marshall 18 February 18333 March 1836 Wilmot-Horton
7 Sir William Norris 27 April 18361837
8 Sir Anthony Oliphant Scotland 22 October 18381854 Stewart-Mackenzie
9 Sir William Ogle Carr England 17 April 18541856 Anderson
10 Sir William Carpenter Rowe 18571859 Ward
11 Sir Edward Shepherd Creasy England 27 March 18601875
12 William Hackett †3 February 18771877 Gregory
13 Sir John Budd Phear England 18 October 18771879 Longden
14 Richard Cayley England 1 October 18791882
15 Jacobus de Wet South Africa 31 May 188229 May 1883
16 Bruce Burnside Bahamas 21 May 18831893
17 John Winfield Bonser England 13 November 18931902 Havelock
18 Charles Layard Western Province 26 April 190218 June 1906 Ridgeway
19 Joseph Turner Hutchinson England 23 October 19061 May 1911 Blake
20 Alfred Lascelles England 1 May 19111914 McCallum
21 Sir Alexander Wood Renton 22 August 19141918 Chalmers
22 Anton Bertram England 26 July 19181925 Anderson
23 Sir Charles Ernest St. John Branch 3 July 192525 May 1926 Manning
24 Sir Stanley Fisher 11 December 19261930 Clifford
25 Sir Philip James Macdonell 3 October 19301936 Thomson
26 Sir Sidney Abrahams England 3 July 1936December 1939 Stubbs
27 John Curtois Howard 1 December 19391949 Caldecott
28 Arthur Wijewardena 15 January 19491950 Moore
29 Sir Edward Jayetileke 195011 October 1951
30 Alan Rose England 11 October 19511956
31 Hema Henry Basnayake 1 January 19563 August 1964 Viscount Soulbury
32 Miliani Sansoni 3 August 196417 November 1966 Gopallawa
33 Hugh Fernando 20 November 196617 November 1973
Chief Justice of Sri Lanka (1972–present)
34 Gardiye Punchihewage Amaraseela Silva 19731974 Gopallawa
35 Victor Tennekoon Central Province 1 January 19748 September 1977
36 Neville Samarakoon°197721 October 1984 Jayewardene
37 Suppiah Sharvananda Northern Province 29 October 198422 February 1988
38 Parinda Ranasinghe 19881991
39 Herbert Thambiah Northern Province 199114 October 1991 Premadasa
40 G. P. S. de Silva 19911999
41 Sarath N. Silva 16 September 19997 June 2009 Kumaratunga
42 Asoka de Silva♦8 June 200917 May 2011 Rajapaksa
43 Shirani Bandaranayake° North Western Province 18 May 201113 January 2013
Mohan Peiris ♠15 January 201328 January 2015
43 Shirani Bandaranayake North Western Province 28 January 201529 January 2015 Sirisena
44 Kanagasabapathy Sripavan Northern Province 30 January 201528 February 2017
45 Priyasath Dep Western Province 2 March 201712 October 2018
46 Nalin Perera 12 October 201829 April 2019
47 Jayantha Jayasuriya 29 April 201910 October 2024
48 Murdhu Fernando 10 October 2024Present Dissanayake


Acting chief justices

From times to time, sometimes during an interegum, there have been provisional and acting chief justices. These have included:

NameProvinceTermElevated by
Sir Alexander Johnston § [12] 3 April 1806 - 5 April 1807
Sir William Coke§6 March 1809 - 1811
Sir Charles Marshall 18 February 1833 - 1836
7Sir William Rough 9 March 1836 - April 1836
9Sir William Rough April 1837 - 1838
P. J. Sterling 1859 - 1860
Sir Richard Morgan 1875 William Henry Gregory
C. H. Stewart 1875 - 1876
Sir George Anderson 1876 - 1877
Lovell Burchett Clarence 1882
Sir Alfred Lascelles 1906
William Thomas Porter [13] 1921
Sir Francis Soertsz 1939
Sir Francis Soertsz 1945 and 1946
Eugene Reginald de Fonseka 1960 and 1962Sir Oliver Ernest Goonetilleke
Chellappah Nagalingam Northern Province 1954

See also

Related Research Articles

<span class="mw-page-title-main">Supreme Court of Sri Lanka</span> Highest court of Sri Lanka

The Supreme Court of Sri Lanka is the highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka, the Supreme Court has ultimate appellate jurisdiction in constitutional matters and takes precedence over all lower courts. The Sri Lankan judicial system is a complex blend of common law and civil law. In some cases, such as those involving capital punishment, the decision may be passed on to the President of Sri Lanka for clemency petitions. The current Chief Justice of Sri Lanka is Murdu Fernando.

A president's counsel is an eminent lawyer who is appointed by the President of Sri Lanka as an individual "learned in the law". The term is an honorific that replaced the Queen's Counsel (QC), which Sri Lanka ceased appointing when it became a republic in 1972. It is equivalent to the appointment of a King's Counsel in the United Kingdom and other Commonwealth realms, and that of Senior Counsel in Commonwealth republics, bearing the same privileges, such as sitting within the Bar of court.

<span class="mw-page-title-main">Attorney General of Sri Lanka</span>

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 Parinda Ranasinghe Jnr. 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.

<span class="mw-page-title-main">Mohan Peiris</span> Sri Lankan judge

Peter Mohan Maithree Peiris, PC is a Sri Lankan lawyer and diplomat. He served as the Attorney General of Sri Lanka from 2008 to 2011 and was the de facto Chief Justice of Sri Lanka from 2013 to 2015 when President Maithripala Sirisena declared his appointment void ab initio in 2015. He has been serving as the Permanent Representative of Sri Lanka to the United Nations since January 2021 and was elected Vice President of the 78th session of the United Nations General Assembly in June 2023.

Sir Richard Cayley was a British lawyer who served as the 14th Chief Justice of Ceylon and 14th Queen's Advocate of Ceylon.

<span class="mw-page-title-main">Shirani Bandaranayake</span> Former Chief Justice of Sri Lanka

Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, known as Shirani Bandaranayake, served as the 43rd Chief Justice of Sri Lanka. Although a qualified lawyer, she has never practiced law. After university Bandaranayake entered academia, holding a number of senior positions at the University of Colombo, including associate professor of law and the dean of the Faculty of Law at the University of Colombo. She was first appointed to the Supreme Court of Sri Lanka in 1996, becoming Sri Lanka's first female Supreme Court Judge. Bandaranayake was appointed chief justice in May 2011 following the mandatory retirement of Asoka de Silva. Bandaranayake was controversially impeached by Parliament and then removed from office by President Mahinda Rajapaksa in January 2013. and on 28 January 2015 the government of Sri Lanka, had removed all obstacles for Bandaranayake to hold her position as the 43rd Chief Justice by the President Maithripala Sirisena, on the ground that her 2013 impeachment was unlawful and as such the appointment of Mohan Peiris, her successor, was void Ab initio. This paved the way for Bandaranayake to resume duties on 28 January 2015. She retired from the position on 29 January 2015, one day after her reappointment, claiming support for a free and fair Judiciary in Sri Lanka.

<span class="mw-page-title-main">C. Nagalingam</span> Sri Lankan judge

Chellappah Nagalingam, KC was a leading Ceylonese judge and lawyer. He was a Judge of the Supreme Court of Ceylon and served as acting Governor-General of Ceylon in 1954. He also served as acting Chief Justice, acting Legal Secretary and Attorney General. He was the first Ceylon Tamil to be appointed to the bench of the Supreme Court of Ceylon. He is considered to be the leading founder of Hindu College Colombo.

Kanagasabapathy J. Sripavan is a Sri Lankan Tamil lawyer and judge. He was Deputy Solicitor General, judge and president of the Court of Appeal, Puisne Justice of the Supreme Court of Sri Lanka and the 44th Chief Justice of Sri Lanka.

<span class="mw-page-title-main">Impeachment of Shirani Bandaranayake</span>

Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, was impeached by Parliament and then removed from office by President Mahinda Rajapaksa in January 2013. Bandaranayake was accused of a number of charges including financial impropriety and interfering in legal cases, all of which she has denied. The impeachment followed a series of rulings against the government by the Supreme Court, including one against a bill proposed by Minister Basil Rajapaksa, President Rajapaksa's brother. Bandaranayake was replaced as chief justice by former Attorney General Mohan Peiris. Peiris is considered to be an ally of President Rajapaksa and his appointment is seen by critics as further consolidation of power by the president and his family. Bandaranayake refused to recognise the impeachment and lawyers groups refused to work with the new chief justice. Bandaranayake's controversial impeachment drew much criticism and concern from within and outside of Sri Lanka. On 28 January 2015 she was reinstated and retired on 29 January, the next day.

Justice Sir Harry Dias Bandaranaike was a Ceylonese barrister and judge. He was the first Sinhalese and native acting Chief Justice and Puisne Justice of the Supreme Court of Sri Lanka. He was an Unofficial Member of Legislative Council of Ceylon.

Sir William Bartholomew Hackett was an Irish judge who was the second Chief Justice of Fiji and the 12th Chief Justice of Ceylon.

<span class="mw-page-title-main">William Norris (judge)</span> English jurist

Sir William Norris was the seventh Chief Justice of Ceylon and seventh Advocate Fiscal of Ceylon.

Sir William Coke was a Puisne Justice of the Supreme Court of Ceylon as well as acting as Provisional Chief Justice of Ceylon and the fourth Advocate Fiscal of Ceylon.

John Stark was a Scottish lawyer who became the ninth Queen's Advocate of Ceylon.

Manikku Wadumestri Hendrick de Silva, QC was a Ceylonese lawyer, judge and statesman. He served in several top legal positions in the island, as the 26th Attorney General of Ceylon, a Puisne Justice of the Supreme Court of Ceylon and finally the Minister of Justice in the cabinet of S. W. R. D. Bandaranaike as a member of the Senate of Ceylon.

Sir John Harry Barclay Nihill, was a British lawyer and administrator who served throughout the British Empire.

John Godfried Hillebrand was a Puisne Justice of the Supreme Court of Ceylon. He was the first Burgher to sit on the bench of the Supreme Court of Ceylon as well as the first Burgher member of the Legislative Council of Ceylon from 1825 to 1843. He was appointed, after the death of John Fredrick Stoddart, as Acting Second Puisne Justice on 23 November 1839. Hillebrand retained his Legislative Council seat while on the bench. He was the first Proctor to sit on the Sri Lankan Supreme Court. He was replaced on the bench by William Ogle Carr

Christopher Temple was a Puisne Justice of the Supreme Court of Ceylon from 1854 to 1873. Temple had served as Deputy Queen's Advocate of Ceylon and Judge of the District Court of Colombo prior to being elevated as a Puisne Justice. He was appointed Senior Puisne Justice on 1 January 1863 and acted as Chief Justice when Chief Justice Edward Shepherd Creasy went on leave on 7 September 1869.

References

  1. ↑ "CC confirms Murdhu Fernando as Chief Justice". Ada Derana. 16 November 2024. Retrieved 16 November 2024.
  2. ↑ "History of Supreme Court". Supreme Court of Sri Lanka. Archived from the original on 12 September 2013. Retrieved 17 November 2013.
  3. ↑ Crabtree, James (15 January 2013). "Sri Lanka appoints new chief justice". Financial Times .
  4. ↑ Francis, Krishan (15 January 2013). "Sri Lankan leader replaces chief justice with ally". The Guardian/Associated Press .
  5. 1 2 3 "Chapter XV – The Judiciary". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 15 December 2017. Retrieved 17 November 2013.
  6. ↑ "Fourth Schedule". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 3 February 2003. Retrieved 17 November 2013.
  7. ↑ "Chapter XVIIA". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 3 November 2013. Retrieved 17 November 2013.
  8. 1 2 "The Constitution of the Democratic Socialist Republic of Sri Lanka" (PDF). Archived (PDF) from the original on 26 August 2020. Retrieved 12 November 2017.
  9. ↑ "Pay hikes for Chief Justice, puisne judges and Court of Appeal judges and president". Archived from the original on 22 December 2017. Retrieved 12 November 2017.
  10. ↑ 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
  11. ↑ "Overview". Judicial Service Commission Secretariat. Archived from the original on 19 October 2013. Retrieved 19 October 2013.
  12. ↑ "Journal of the Dutch Burgher Union" (PDF). Dutch Burgher Union. Retrieved 9 November 2012.
  13. ↑ "PORTER, Hon. William Thomas" . Who's Who & Who Was Who . A & C Black. Retrieved 7 January 2013.(Subscription or UK public library membership required.)
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.