Chief Justice of Sri Lanka

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
Nominator	The President
Appointer	The President with Constitutional Council advice and consent
Term length	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 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.

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

• § Served as provisional
• ¤ Chief Justice and President of the Council
• ° Impeachment charges brought against
• ♦ Elevated from Associate Justice
• † Died in office
• ♠ Tenure demoted to de facto

Data based on:

• A. Ranjit B. Amerasinghe|Amerasinghe, A. Ranjit B (1986), The Supreme Court of Sri Lanka: the first 185 years, Sarvodaya^[10]
• Chief Justices, 2009, Judicial Service Commission Secretariat^[11]

#	Chief Justice	Province	Took office	Left office	Elevated by
Chief Justice of Ceylon (1801–1972)
1	Codrington Edmund Carrington	England	March 1801	2 April 1806	North
2	Edmund Henry Lushington	England	15 April 1807	1809	Maitland
3	Alexander Johnston¤	Scotland	6 November 1811	1819	Wilson
4	Ambrose Hardinge Giffard	Ireland	8 April 1819	2 March 1827	Barnes
5	Richard Ottley		1 November 1827	1833
6	Sir Charles Marshall		18 February 1833	3 March 1836	Wilmot-Horton
7	Sir William Norris		27 April 1836	1837
8	Sir Anthony Oliphant	Scotland	22 October 1838	1854	Stewart-Mackenzie
9	Sir William Ogle Carr	England	17 April 1854	1856	Anderson
10	Sir William Carpenter Rowe		1857	1859	Ward
11	Sir Edward Shepherd Creasy	England	27 March 1860	1875
12	William Hackett †		3 February 1877	1877	Gregory
13	Sir John Budd Phear	England	18 October 1877	1879	Longden
14	Richard Cayley	England	1 October 1879	1882
15	Jacobus de Wet	South Africa	31 May 1882	29 May 1883
16	Bruce Burnside	Bahamas	21 May 1883	1893
17	John Winfield Bonser	England	13 November 1893	1902	Havelock
18	Charles Layard	Western Province	26 April 1902	18 June 1906	Ridgeway
19	Joseph Turner Hutchinson	England	23 October 1906	1 May 1911	Blake
20	Alfred Lascelles	England	1 May 1911	1914	McCallum
21	Sir Alexander Wood Renton		22 August 1914	1918	Chalmers
22	Anton Bertram	England	26 July 1918	1925	Anderson
23	Sir Charles Ernest St. John Branch		3 July 1925	25 May 1926	Manning
24	Sir Stanley Fisher		11 December 1926	1930	Clifford
25	Sir Philip James Macdonell		3 October 1930	1936	Thomson
26	Sir Sidney Abrahams	England	3 July 1936	December 1939	Stubbs
27	John Curtois Howard		1 December 1939	1949	Caldecott
28	Arthur Wijewardena		15 January 1949	1950	Moore
29	Sir Edward Jayetileke		1950	11 October 1951
30	Alan Rose	England	11 October 1951	1956
31	Hema Henry Basnayake		1 January 1956	3 August 1964	Viscount Soulbury
32	Miliani Sansoni		3 August 1964	17 November 1966	Gopallawa
33	Hugh Fernando		20 November 1966	17 November 1973
Chief Justice of Sri Lanka (1972–present)
34	Gardiye Punchihewage Amaraseela Silva		1973	1974	Gopallawa
35	Victor Tennekoon	Central Province	1 January 1974	8 September 1977
36	Neville Samarakoon°		1977	21 October 1984	Jayewardene
37	Suppiah Sharvananda	Northern Province	29 October 1984	22 February 1988
38	Parinda Ranasinghe		1988	1991
39	Herbert Thambiah	Northern Province	1991	14 October 1991	Premadasa
40	G. P. S. de Silva		1991	1999
41	Sarath N. Silva		16 September 1999	7 June 2009	Kumaratunga
42	Asoka de Silva♦		8 June 2009	17 May 2011	Rajapaksa
43	Shirani Bandaranayake°	North Western Province	18 May 2011	13 January 2013
	Mohan Peiris♠		15 January 2013	28 January 2015
43	Shirani Bandaranayake	North Western Province	28 January 2015	29 January 2015	Sirisena
44	Kanagasabapathy Sripavan	Northern Province	30 January 2015	28 February 2017
45	Priyasath Dep	Western Province	2 March 2017	12 October 2018
46	Nalin Perera		12 October 2018	29 April 2019
47	Jayantha Jayasuriya		29 April 2019	10 October 2024
48	Murdu Fernando		10 October 2024	incumbent	Dissanayake

Acting chief justices

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

	Name	Province	Term	Elevated 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
7	Sir William Rough		9 March 1836 - April 1836
9	Sir William Rough		April 1837 - 1838
	Paul Ivy Sterling		1859 - 1860
	Sir Richard Morgan		1875	William Henry Gregory
	Sir Charles Henry 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 1962	Sir Oliver Ernest Goonetilleke
	Chellappah Nagalingam	Northern Province	1954

See also

• List of acting chief justices of Sri Lanka
• List of justices of the Supreme Court of Sri Lanka
• List of justices of the Supreme Court of Sri Lanka by court composition

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. "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. "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.)

External links

• Supreme Court of Sri Lanka