Chief Justice of Sri Lanka
Chief Justice of Sri Lanka | |
---|---|
අග්ර විනිශ්චයකාර பிரதம நீதியரசர் | |
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 |
Sri Lanka portal |
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
The post was first held by Codrington Edmund Carrington.[1]
- Controversy of 2013–2015
The chief justice
Appointment
- Appointment
The appointment and removal of judges of the Supreme Court is outlined in Chapter XV Article 107 of the
- 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."[5]
- 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.[4]
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.[4] 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.[6]
Since its inception in the early nineteenth century, the chief justice was the second in line as the officer administrating the
Precedence, salary, residence and privileges
The chief justice is ranked fourth in the
In 2016, the chief justice received a salary of Rs. 145,000 per month and an annual increment of Rs 7,250.[8] 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,
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[9]
- Chief Justices, 2009, Judicial Service Commission Secretariat[10]
# | 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 | Present |
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 §[11] | 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 | ||
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[12] | 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
- ^ "History of Supreme Court". Supreme Court of Sri Lanka. Retrieved 17 November 2013.
- ^ Crabtree, James (15 January 2013). "Sri Lanka appoints new chief justice". Financial Times.
- ^ Francis, Krishan (15 January 2013). "Sri Lankan leader replaces chief justice with ally". The Guardian/Associated Press.
- ^ a b c "Chapter XV – The Judiciary". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 15 December 2017. Retrieved 17 November 2013.
- ^ "Fourth Schedule". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 3 February 2003. Retrieved 17 November 2013.
- ^ "Chapter XVIIA". Constitution of Sri Lanka. priu.gov.lk. Archived from the original on 3 November 2013. Retrieved 17 November 2013.
- ^ a b The Constitution of the Democratic Socialist Republic of Sri Lanka
- ^ Pay hikes for Chief Justice, puisne judges and Court of Appeal judges and president
- ISBN 978-955-599-000-4
- ^ "Overview". Judicial Service Commission Secretariat. Archived from the original on 19 October 2013. Retrieved 19 October 2013.
- ^ "Journal of the Dutch Burgher Union" (PDF). Dutch Burgher Union. Retrieved 9 November 2012.
- Who's Who & Who Was Who. A & C Black. Retrieved 7 January 2013. (Subscription or UK public library membershiprequired.)