Chief Justice of Sri Lanka explained

Post:Chief Justice
Body:Sri Lanka
Native Name:Sinhala; Sinhalese: අග්‍ර විනිශ්චයකාර
Tamil: பிரதம நீதியரசர்
Insigniasize:150px
Incumbent:Jayantha Jayasuriya
Incumbentsince:29 April 2019
Style:The Honourable Justice/His Lordship
Nominator:The President
Appointer:The President
Appointer Qualified:with Constitutional Council advice and consent
Termlength:Until the age of sixty-five years
Constituting Instrument:Royal Charter of Justice of 1801 in reference with the Constitution of Sri Lanka.
Formation:March 1801
First:Codrington Edmund Carrington

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 47th and current chief justice is Jayantha Jayasuriya.

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.[1]

Controversy of 2013–2015The 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.[2] [3] 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

AppointmentThe 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.[4]
Oath of office
Removal of officeJudges 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.

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. 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.[5]

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.[6]

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.[6]

In 2016, the chief justice received a salary of Rs. 145,000 per month and an annual increment of Rs 7,250.[7] 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)
1Codrington Edmund CarringtonEnglandMarch 18012 April 1806North
2Edmund Henry LushingtonEngland15 April 18071809Maitland
3Alexander Johnston¤Scotland6 November 18111819Wilson
4Ambrose Hardinge GiffardIreland8 April 18192 March 1827Barnes
5Richard Ottley1 November 18271833
6Sir Charles Marshall18 February 18333 March 1836Wilmot-Horton
7Sir William Norris27 April 18361837
8Sir Anthony OliphantScotland22 October 18381854Stewart-Mackenzie
9Sir William Ogle CarrEngland17 April 18541856Anderson
10Sir William Carpenter Rowe18571859Ward
11Sir Edward Shepherd CreasyEngland27 March 18601875
12William Hackett3 February 18771877Gregory
13Sir John Budd PhearEngland18 October 1877 1879Longden
14Richard CayleyEngland1 October 18791882
15Jacobus de WetSouth Africa31 May 188229 May 1883
16Bruce BurnsideBahamas21 May 18831893
17John Winfield BonserEngland13 November 18931902Havelock
18Charles LayardWestern Province26 April 190218 June 1906Ridgeway
19Joseph Turner HutchinsonEngland23 October 19061 May 1911Blake
20Alfred LascellesEngland1 May 19111914McCallum
21Sir Alexander Wood Renton22 August 19141918Chalmers
22Anton BertramEngland26 July 19181925Anderson
23Sir Charles Ernest St. John Branch3 July 192525 May 1926Manning
24Sir Stanley Fisher11 December 19261930Clifford
25Sir Philip James Macdonell3 October 19301936Thomson
26Sir Sidney AbrahamsEngland3 July 1936December 1939Stubbs
27John Curtois Howard1 December 19391949Caldecott
28Arthur Wijewardena15 January 19491950Moore
29Sir Edward Jayetileke195011 October 1951
30Alan RoseEngland11 October 19511956
31Hema Henry Basnayake1 January 19563 August 1964Viscount Soulbury
32Miliani Sansoni3 August 196417 November 1966Gopallawa
33Hugh Fernando20 November 196617 November 1973
Chief Justice of Sri Lanka (1972–present)
34Gardiye Punchihewage Amaraseela Silva19731974Gopallawa
35Victor TennekoonCentral Province1 January 19748 September 1977
36Neville Samarakoon°197721 October 1984Jayewardene
37Suppiah SharvanandaNorthern Province29 October 198422 February 1988
38Parinda Ranasinghe19881991
39Herbert ThambiahNorthern Province199114 October 1991Premadasa
40G. P. S. de Silva19911999
41Sarath N. Silva16 September 19997 June 2009Kumaratunga
42Asoka de Silva8 June 200917 May 2011Rajapaksa
43Shirani Bandaranayake°North Western Province18 May 201113 January 2013
Mohan Peiris15 January 201328 January 2015
43Shirani BandaranayakeNorth Western Province28 January 201529 January 2015Sirisena
44Kanagasabapathy SripavanNorthern Province30 January 201528 February 2017
45Priyasath DepWestern Province2 March 201712 October 2018
46Nalin Perera12 October 201829 April 2019
47Jayantha Jayasuriya29 April 2019Present

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 §[9] 3 April 1806 - 5 April 1807
Sir William Coke§6 March 1809 - 1811
Sir Charles Marshall18 February 1833 - 1836
7Sir William Rough9 March 1836 - April 1836
9Sir William RoughApril 1837 - 1838
P. J. Sterling1859 - 1860
Sir Richard Morgan1875William Henry Gregory
C. H. Stewart1875 - 1876
Sir George Anderson1876 - 1877
Lovell Burchett Clarence1882
Sir Alfred Lascelles1906
William Thomas Porter1921
Sir Francis Soertsz1939
Sir Francis Soertsz1945 and 1946
Eugene Reginald de Fonseka1960 and 1962Sir Oliver Ernest Goonetilleke
Chellappah NagalingamNorthern Province1954

See also

External links

Notes and References

  1. Web site: History of Supreme Court. Supreme Court of Sri Lanka. 17 November 2013.
  2. News: Crabtree. James. Sri Lanka appoints new chief justice. Financial Times. 15 January 2013.
  3. News: Francis. Krishan. Sri Lankan leader replaces chief justice with ally. The Guardian/Associated Press. 15 January 2013.
  4. Web site: Chapter XV – The Judiciary. Constitution of Sri Lanka. priu.gov.lk. 17 November 2013. https://web.archive.org/web/20171215001731/http://www.priu.gov.lk/Cons/1978Constitution/Chapter_15_Amd.html. 15 December 2017. dead.
  5. Web site: Chapter XVIIA. Constitution of Sri Lanka. priu.gov.lk. 17 November 2013. https://web.archive.org/web/20131103172559/http://www.priu.gov.lk/Cons/1978Constitution/Chapter_17A_Amd.html. 3 November 2013. dead.
  6. https://www.parliament.lk/files/pdf/constitution.pdf The Constitution of the Democratic Socialist Republic of Sri Lanka
  7. http://www.sundaytimes.lk/170326/news/pay-hikes-for-chief-justice-puisne-judges-and-court-of-appeal-judges-and-president-234297.html Pay hikes for Chief Justice, puisne judges and Court of Appeal judges and president
  8. Web site: Overview. Judicial Service Commission Secretariat. 19 October 2013. dead. https://web.archive.org/web/20131019091817/http://www.jsc.gov.lk/web/index.php?option=com_content&view=article&id=47&Itemid=60&lang=en. 19 October 2013. dmy-all.
  9. Web site: Journal of the Dutch Burgher Union. Dutch Burgher Union. 9 November 2012.