Jonah Patel
Sri Lanka's legal system is complex and reflects the country's diverse cultural influences. The country's legal framework is a mixture of laws from Rome, England, Holland, South India, and Old Ceylon, influenced by its colonial history and religious diversity. The Sri Lankan judicial system includes the Supreme Court, Court of Appeal, High Court, District Courts, Magistrates' Courts, and Primary Courts. The country's criminal law is largely based on British law, while civil law derives from Roman and Dutch law. The personal laws that govern different communities include Kandyan Law, Thesawalamai, and Muslim Law.
| Characteristics | Values |
|---|---|
| Multiracial and multilingual country | Sinhala is the native tongue of the Sinhalese, the country's largest ethnic group. |
| Reflects customs of various communities | Kandyan Law, Thesawalamai, and Muslim Law are personal laws that govern different sections of the community. |
| Influence of colonial history | The legal system is influenced by Roman, English, Dutch, South Indian, and Old Ceylonese law. |
| Criminal law | Based almost entirely on British law and governed by the Penal Code and Criminal Procedure Code. |
| Civil law | Derived from Roman and Dutch law and governed by the Civil Procedure Code. |
| Court structure | Supreme Court, Court of Appeal, High Court, District Courts, Magistrates' Courts, and Primary Courts. |
| High Court jurisdiction | Criminal, admiralty, offences committed aboard aircraft and within territorial airspace. |
| High Court trial types | Trial by a High Court Judge alone or with a jury; Trial-At-Bar with three nominated Judges. |
| Corruption | High risk of corruption in the judiciary, with a culture of payments and bribes for favourable judicial decisions. |
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What You'll Learn
The influence of diverse cultural influences
Sri Lanka is a multi-ethnic, multi-religious, and multilingual island nation in the Indian Ocean, located near the southern coast of India. The country's legal system reflects the customs and conventions of the various communities that make up Sri Lankan society.
The country's ethnic and religious diversity, as well as its colonial history, have directly influenced its legal system. Sri Lanka was colonized by the Portuguese, Dutch, and British over a period of 400 years, with each ruler bringing their own legal traditions.
Prior to European colonization, Sri Lanka had varied laws that catered to different ethnic communities, including the Kandyan Law, the Tesawalamai, the Muslim Law, and the laws of the Mukkuvars, the Chetties, the Parsees, and the Paravars. Kandyan Law, for example, reflected the influence of Buddhism, Hindu laws, and customs.
During the colonial period, the country's legal system underwent modernization and an amalgamation of different structures. The Portuguese rule, which began in 1505, maintained the existing Sinhala laws in the Maritime Provinces but with some degree of Portuguese influence due to foreign administration. The Dutch rule that followed had less territorial control but introduced Roman-Dutch Law, which became the Common Law of the country. However, English law has had a more significant influence on Sri Lanka's legal system, particularly in commercial contracts and property, as well as in the areas of criminal law and procedure, civil procedure, and constitutional and administrative law.
The Soulbury Commission, appointed in 1944, further shaped the country's post-independence constitution by modeling it on British constitutional parliamentary principles, including a bicameral legislature.
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The role of the Supreme Court
The legal system in Sri Lanka is influenced by the country's ethnic and religious diversity, as well as its colonial history. The country's legal system reflects the customs of its various communities, including Kandyan Law, Thesawalamai, and Muslim Law, which govern the personal laws of different sections of the community.
The Supreme Court of Sri Lanka, established in 1801, is the highest and final superior court of record. It exercises original advisory and appellate judicial functions and is also the final Court of Record and the Court of Appeal of Sri Lanka. The Supreme Court has jurisdiction over constitutional matters, the protection of fundamental rights, and legal issues related to the election of the President and referendums. The Court consists of the Chief Justice and at least six but not more than sixteen other judges, appointed by the President with the advice and consent of the Constitutional Council. The Supreme Court judges are addressed as "Your Lordship" and hold the title "The Honourable Justice".
The Supreme Court plays a crucial role in interpreting and applying the law. It hears appeals from judgments, sentences, and orders pronounced at a High Court Trial at Bar. The Court also has the power to review and interpret the Constitution, ensuring that the fundamental rights of citizens are protected. In cases of breach of privileges of Parliament, the Supreme Court has the authority to adjudicate and provide legal remedies.
The independence of the Sri Lankan judiciary, including the Supreme Court, has been questioned at times. An example is the impeachment of former chief justice Shirani Bandaranayake, who was removed by parliament for rulings against the government. This incident sparked concerns about the influence of the executive over the judiciary.
The Supreme Court of Sri Lanka is an essential pillar of the country's legal system, upholding the rule of law, interpreting the Constitution, and protecting the rights of citizens. Its decisions shape the legal landscape and contribute to the administration of justice in the country.
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The impact of English common law
Sri Lanka is a multi-ethnic, multi-religious, and multilingual island nation in the Indian Ocean, formerly known as Ceylon. Its legal systems reflect the customs of the various communities that make up Sri Lankan society. The personal laws that govern these communities include Kandyan Law, Thesawalamai, and Muslim Law. Kandyan Law applies to Kandyan Sinhalese, Muslim Law to Muslims, and Thesawalamai is a customary law that applies to all lands in the Northern Province.
English common law has had a significant influence on the legal system of Sri Lanka, particularly in the areas of commercial contracts and commercial property law. The country's civil procedure code, which governs civil cases, also reflects the influence of English rules of procedure, along with Indian and American influences. The Constitutional and Administrative Law of Sri Lanka is predominantly derived from the Anglo-American system, while its Commercial Law is almost entirely based on English Commercial Law principles.
While Roman-Dutch Law is considered the Common Law of the country, it has been modified and influenced by English common law to a greater extent. This is evident in the areas of criminal law and procedure, which are governed by the Penal Code and Criminal Procedure Code, showing the adoption of English legal principles.
The High Court of Sri Lanka, established under the Constitution, holds criminal and admiralty jurisdiction and the power to hear, try, and determine prosecutions. The 13th Amendment to the Constitution also established a High Court for each province, with original criminal jurisdiction within its respective province and appellate and revisionary jurisdiction over convictions and sentences imposed by lower courts.
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Personal laws
As a multi-ethnic, multi-religious, and multilingual country, Sri Lanka's legal systems reflect the customs of the various communities that make up Sri Lankan society. The personal laws that govern the different sections of the community include Kandyan Law, Thesawalamai, and Muslim Law.
Kandyan Law
Kandyan Law is a personal law that applies to the Kandyan Sinhalese. It was established following the fall of the Kandyan Kingdom in 1815, when the British adopted a unitary administrative and judicial system for the entire country.
Thesawalamai
Thesawalamai, or Thesavalamai, Law is a customary law that is both territorial and personal in character. It applies to all lands situated in the Northern Province, regardless of whether the land is owned by a Sinhalese, Tamil, Muslim, or Burgher. It is also applicable as a personal law to Tamils who have inhabitancy in the Northern Province.
Muslim Law
Muslim Law is a personal law that applies to Muslims in Sri Lanka.
Persons subject to any of these three personal laws are governed in other respects by Roman-Dutch Law, which is the Common Law of the country. However, the Common Law System derived from English Law has had a greater influence on Sri Lankan law than the Roman tradition. The Common Law has been modified in many directions, both expressly and by necessary implication, by statute law and judicial decisions.
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Criminal law and procedure
In cases involving criminal law, a Magistrate’s Court or a High Court is the only court with primary jurisdiction. The preponderant majority of criminal law cases are initiated at a Magistrate’s Court by a police officer or public servant, with a written or oral complaint to the magistrate. Murder trials and various offences against the state originate in a High Court.
The High Court of Sri Lanka has criminal jurisdiction and can hear, try and determine all prosecutions on indictment. It can also pass death sentences, life imprisonment, and impose fines. A High Court trial can be conducted by the High Court Judge alone or with a jury. The High Court also has the power to inspect and report on the administration of any Court of first instance within the Province.
The Supreme Court is the highest and final court of record and exercises final civil and criminal appellate jurisdiction. It also has jurisdiction over legal issues related to the election of the President of the country and legal issues surrounding a referendum.
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Frequently asked questions
The primary source of law in Sri Lanka is the Acts of Parliament.
The Sri Lankan judicial system includes the Supreme Court, the Court of Appeal, the High Court, District Courts, Magistrates' Courts, and Primary Courts.
The Supreme Court is the apex court in Sri Lanka.
The legal system in Sri Lanka is influenced by English common law, Roman-Dutch law, and the customs and conventions of its diverse communities.
The High Court of Sri Lanka has criminal jurisdiction, as well as admiralty jurisdiction and jurisdiction over offences committed aboard aircraft and within territorial airspace. It can hear cases with a jury or with a single judge.
