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'{{Politics of Sri Lanka}} The '''Judiciary of Sri Lanka''' are the [[Civil law (common law)|civil]] and [[Criminal law|criminal]] [[court]]s responsible for the [[administration of justice]] in [[Sri Lanka]]. The [[Constitution of Sri Lanka]] defines courts as independent institutions within the traditional framework of [[Separation of powers|checks and balances]]. They apply Sri Lankan Law which is an amalgam of English [[common law]], [[Roman-Dutch law|Roman-Dutch civil law]] and [[Customary Law]]; and are established under the Judicature Act No 02 of 1978 of the [[Parliament of Sri Lanka]].<ref name="Commonwealth Governance">{{cite web|title=Judicial System of Sri Lanka|url=http://www.commonwealthgovernance.org/countries/asia/sri_lanka/judicial-system/|publisher=Commonwealth Governance|accessdate=17 November 2013}}</ref> The judiciary consist of the [[Supreme Court of Sri Lanka|Supreme Court]], the [[Court of Appeal of Sri Lanka|Court of Appeal]], the [[High Court of Sri Lanka|High Court]], the [[District Courts of Sri Lanka|District Court]], the [[Magistrate's Courts of Sri Lanka|Magistrate's Court]], [[Primary Courts of Sri Lanka|Primary Court]]. Although provisions are there for trials for serious offences to be held before a [[jury]], at present all cases are heard before [[judge|professional judge]]s.<ref name="Commonwealth Governance"/> ==Introduction== [[File:Supreme Court Colombo.jpg|250px|thumb|right|The Supreme Court Complex]] {{main|Law of Sri Lanka}} The current system of courts are defined by the Judicature Act No 02 of 1978. However, the modern form of European form of justice originated during the [[Netherlands|Dutch]] colonial occupation of the coastal areas of Sri Lanka in the nineteenth century. Local forms of civil and criminal law as well as system of courts, existed for centuries prior to the European colonization. ==Courts== ===Supreme Court=== {{Main|Supreme Court of Sri Lanka}} The Supreme Court of Sri Lanka is the highest judicial instance and final court of appeal.<ref name="Commonwealth Governance" /><ref name=lexadin>{{cite web|title=COURTS AND CASES SRI LANKA|url=http://www.lexadin.nl/wlg/courts/nofr/oeur/lxctsri.htm|publisher=lexadin|accessdate=17 November 2013}}</ref> It is composed of the [[Chief Justice of Sri Lanka|Chief Justice]] and not less than six and not more than ten Puisne Justices. Judges are appointed by the President with the nomination of the [[Parliamentary Council]] and serve for a lifetime period (65). The Supreme Court is the final appellate Court and has jurisdiction in constitutional. ===Court of Appeal=== {{Main|Court of Appeal of Sri Lanka}} The Court of Appeal hears all appeals from the High Court and courts of first instance. The court is composed of the [[Court of Appeal of Sri Lanka|President of the Court]] and not less than six and not more than eleven other Judges. ===High Courts=== {{Main|High Court of Sri Lanka}} The High Court is the only court in the island which exercises the jurisdiction of the [[court of first instance]] and the [[appellate|appellate jurisdiction]] with both civil and criminal jurisdiction.<ref>{{cite web|title=High Court of Sri Lanka|url=http://www.justiceministry.gov.lk/index.php?option=com_content&view=article&id=58&Itemid=14&lang=en}}</ref><ref name="Commonwealth Governance" /> ===District Courts=== {{Main|District Courts of Sri Lanka}} District Courts are [[lower court]]s, headed by a District Judge who is vested with [[Original jurisdiction|original civil jurisdiction]].<ref name="jsc">{{cite web|url=http://www.jsc.gov.lk/web/index.php?option=com_content&view=article&id=51&Itemid=64&lang=en|website=jsc.gov.lk|title=Judicial Hierarchy|accessdate=2017-10-20}}</ref><ref name="Commonwealth Governance" /> ===First Instance Courts=== ====Magistrate's Courts==== {{Main|Magistrate's Courts of Sri Lanka}} Magistrate's Courts are lower court headed by a [[Magistrate]] who is vested with original criminal jurisdiction.<ref>[http://www.jsc.gov.lk/web/index.php?option=com_content&view=article&id=51&Itemid=64&lang=en Judicial Hierarchy]</ref> Originally known as Police Magistrate's Courts, current Magistrate's Courts are established under the Judicature Act, No. 2 of 1978 to each judicial division in Sri Lanka. The Minister in charge of the subject of Justice in consultation with the Chief Justice and the President of the Court of Appeal would define the territorial limits of each judicial division. At present there are 72 judicial districts in Sri Lanka.[2] It has jurisdiction of; criminal cases filed under the penal code and other laws within its jurisdiction. First mortem examinations. Post mortem examinations. Issue of Warrants of Judicial orders to arrest and produce suspected persons. Issue of search warrants. Ordering persons to enter into bonds of good conduct and preventive jurisdiction on public nuisance. Every Magistrate's Court is vested with original criminal jurisdiction (other than in respect of offences upon indictment in the High Court), and is ordinarily empowered to impose sentences up to a fine of Rs. 1,500 and/or 2 years rigorous/simple imprisonment unless power is vested in the Magistrate's Court to impose higher penalties by special provision. Appeals from convictions, sentences or orders of Magistrate's Courts within a Province lie to the High Court of the Province. In judicial divisions which does not have Primary Courts, Magistrate's Courts exercise the jurisdiction of the Primary Courts. Appointment and removal of Magistrates All Magistrates are appointed by the Judicial Service Commission, which has power of dismissal and disciplinary control of the Magistrates. Additional Magistrates would be appointed to a Magistrate's Court. Magistrates would be seconded to Municipal Magistrate Courts. The Chief Magistrates Court in Colombo is the senior of the Magistrates Courts in the judicial division of Colombo. Unofficial magistrates In remote areas where there are only one Magistrate and/or Additional Magistrate, unofficial magistrates (known as Acting Magistrates) would be appointed to site on behalf of the magistrate in his/her absence and postpone hearings to a later date. ====Primary Courts==== {{Main|Primary Courts of Sri Lanka}} The Primary Courts in are lower courts and are the courts of first instance. The Primary Courts in Sri Lanka is a lower court and are the courts of first instance. There are seven Primary Courts, located in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya and Wennappuwa. In the other divisions, the Magistrate's Courts exercise the jurisdiction of the Primary Courts. The Primary Courts have criminal and civil Jurisdiction ====Labor Courts==== {{Main|Labour Tribunal}} Labour Tribunals are [[tribunal]]s formed under the Industrial Disputes Act No.62 of 1957, to handle [[labour dispute]]s and termination of employment.<ref>[http://www.sundaytimes.lk/090614/FinancialTimes/ft309.html Labour Tribunal - Its creation and creator]</ref><ref>{{cite web|title=High Court of the Provinces (Special Provisions) ACT|url=http://www.srilankalaw.lk/Volume-IV/high-court-of-the-provinces-special-provisions-act.html}}</ref> ==Other courts and tribunals== ===Military courts=== [[Military court]]s in Sri Lanka are [[court martial]]s (the General Court Martial, Field General Court Martial and District Court Martial) convened under the Army Act, the Navy Act or the Air Force Act.<ref>[http://www.sundaytimes.lk/110130/News/nws_10.html Supreme Court holds Court Martial is a ‘court’ in terms of Constitution]</ref> ===Coroners' courts=== The [[Minister of Justice (Sri Lanka)|Ministry of Justice]] appoints ''Inquirers into Sudden Deaths'' under the ''Code of Criminal Procedure'' to carryout an inquest into the death of a sudden, unexpected and suspicious nature. Some large cities such as [[Colombo]] and [[Kandy]] have a City Coroners' Court attached to the main city hospital, with a [[Coroner]] and Additional Coroner. ==Judges== ===Appointment=== The [[Chief Justice of Sri Lanka|Chief Justice]] and Justices of the Supreme Court and Court of Appeal are appointed by the [[President of Sri Lanka]] with the nomination of the Parliamentary Council. Judges of the High Court are appointed by the President on the advice of the [[Judicial Service Commission (Sri Lanka)|Judicial Service Commission]]. However the President is not bound to accept the nomination of the Parliamentary Council or follow the advice of the Judicial Service Commission and may decide to appoint any other individual. Traditionally judges are [[Attorneys in Sri Lanka|Attorneys at law]], while retired judges of the Supreme Court and the Court of Appeal does not practice law after retirement. Judicial appointments in the past have been thought to be politically motivated.<ref>[http://www.thesundayleader.lk/2017/04/09/judicial-appointment-in-turmoil/ Judicial Appointment In Turmoil]</ref> Appointments to the lower courts such as District Courts and First Instance Courts are made by the [[Judicial Service Commission (Sri Lanka)|Judicial Service Commission]] from the [[Judicial Service of Sri Lanka|Judicial Service]]. The [[Minister of Justice (Sri Lanka)|Minister of Justice]] appoints [[Unofficial magistrate]]s from attorneys with fifteen years or more practice in a magistrate court to serve as the acting magistrate in the absence of the local magistrate. The Minister may appoint lay persons as [[Justice of the Peace]], traditionally empowered to mediate disputes and keep the peace. Today the powers of the position is limited to administer oaths, affirmations and attesting documents. ===Tenure=== Judges can serve until the retirement age for the judges fixed at 65 years, as per the Constitution. ===Dress=== Supreme Court judges wear scarlet gowns when attending court. On special ceremonial occasions (such as ceremonial sittings of the Supreme Court) they would wear scarlet gown, [[Bands (neckwear)|barrister's bands]] and [[Mantle (clothing)|mantle]] and a long wig. Appeal Court judges wear dark purple gowns when attending court. On special ceremonial occasions (such as ceremonial sittings of the Appeal Court) they would wear dark purple gown, [[Bands (neckwear)|barrister's bands]] and [[Mantle (clothing)|mantle]] and a long wig. ===Salary=== Salaries of all Judges are paid by consolidated fund and the District Judges and Magistrates are paid by the Ministry of Justice and they are entitled for a government pension on retirement and government [[Duty-free permit|duty free permit]]s. As of 2017, a High Court Judges would receive a salary and allowance of Rs 304,200 per month; a District Judge emoluments of Rs 269,300 per month and a Magistrate emoluments of Rs 112,500.<ref>[http://srilankabrief.org/2017/12/sri-lanka-judges-and-state-law-officers-to-get-substantial-salary-hikes-and-new-allowances/ SRI LANKA: JUDGES AND STATE LAW OFFICERS TO GET SUBSTANTIAL SALARY HIKES AND NEW ALLOWANCES]</ref> ===Entitlements=== The Chief Justice, Justices of the Supreme Court and Court of Appeal; and Judges of the High Court are entitled to an official vehicle (or an allowance in place of such) and police protection provided by the [[Sri_Lanka_Police#Specialized_units_and_divisions|Judicial Security Division]]. Depending on their duty station High Court Judges, District Judges and Magistrates are issued official residence or an allowance in place of such. ==International relationships== ===Relationship with the International Criminal Court=== The Sri Lankan Government has stated that it has no intention of joining the [[International Criminal Court]].<ref>[http://dailynews.lk/2017/03/22/local/111177/sri-lanka-will-not-join-icc-pm Sri Lanka will not join ICC: PM]</ref> {{Expand section|date=June 2008}} ==Former Courts== Several forms of courts of law have been abolished or replaced over the years;<ref>[http://www.commonlii.org/lk/legis/num_act/lotca3o1961266/s3.html Language Of The Courts Act (No. 3 of 1961) - Sect 3]</ref> * [[Judicial Committee of the Privy Council]] * [[1971_JVP_insurrection#Criminal_Justice_Commission|Criminal Justice Commission]] * [[Assizes|Commissioner of Assizes]] * Commissioner of Requests * Rural Court ==See also== * [[Government of Sri Lanka]] * [[Law of Sri Lanka]] ==References== {{reflist}} ==External links== * [https://web.archive.org/web/20131201122104/http://www.justiceministry.gov.lk/ Ministry of Justice] {{Judiciary of Sri Lanka}} {{Politics of Sri Lanka navbox}} {{Judiciaries of Asia}} {{Sri Lanka topics}} {{DEFAULTSORT:Judiciary Of Sri Lanka}} [[Category:Judiciary of Sri Lanka|*]] [[Category:Government of Sri Lanka]] [[Category:Sri Lankan law]]'