History of the Courts

Evolution of the High Courts of Sri Lanka

The roots of the High Court system in Sri Lanka can be traced back to its formal institution as a Zonal Court with exclusive criminal jurisdiction. Established under the Administration of Justice Law, No. 44 of 1973, it superseded the original criminal jurisdiction of the Supreme Court, which was previously maintained under the Courts Ordinance. Under the 1978 Constitution, specifically Articles 105(1)(c) and 111(1), the High Court of the Republic of Sri Lanka was designated as the highest Court of First Instance exercising criminal jurisdiction.

The Judicature Act, No. 2 of 1978, was a pivotal piece of legislation in operationalizing this authority within specific judicial zones across the island. The appointment of Judges to the High Court by the President, as outlined in Article 111(2) of the Constitution, formally recognized the esteemed position of a "Judge of the High Court." Furthermore, Section 17 of the Judicature Act granted the Chief Justice the authority to nominate and assign these Judges to specific provincial and zonal divisions, ensuring justice was accessible nationwide.

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Foundational Law

Administration of Justice Law of 1973

Marked the initial establishment of the High Court with exclusive criminal jurisdiction in Sri Lanka.

The Eleventh Amendment (1987)

The landscape of the High Court underwent a significant transformation with the Eleventh Amendment to the Constitution in 1987. This amendment removed the restrictive description of the High Court solely as the "highest court of First Instance exercising criminal jurisdiction" and instead conferred a much broader scope of powers. Article 111(1) of the Constitution was revised to declare, "There shall be a High Court of Sri Lanka, which shall exercise such jurisdiction and powers as Parliament may by law vest or ordain." This pivotal shift paved the way for the High Court to gradually wield both original and appellate jurisdiction in the years to come.

Provincial High Court Structure The Expansion of High Court Jurisdiction

The Thirteenth Amendment (1987)

The subsequent Thirteenth Amendment in 1987 introduced Article 154P, effectively establishing a High Court for each Province. This constitutional development was a landmark moment for the decentralization of judicial authority. Article 154P(2) empowered the Chief Justice to nominate judges from the High Court of Sri Lanka to serve in each Provincial High Court. These Provincial High Courts were granted extensive and diversified jurisdiction, which now encompassed original criminal jurisdiction, appellate and revisionary jurisdiction concerning Magistrate's Courts and Primary Courts within the province, as well as writ jurisdiction.

Expansion of Jurisdiction (1990 & 1996)

The legal framework surrounding the High Courts was further solidified and expanded by the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990, which formalized their appellate procedures. A few years later, the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996, marked another significant departure by empowering designated Provincial High Courts to exercise direct jurisdiction over specific civil and commercial matters. This legislative progression transformed the High Courts from purely criminal tribunals into versatile judicial bodies capable of handling complex civil litigations.

The Modern High Court Structure

Today, the High Courts function as the cornerstone of the provincial justice system in Sri Lanka. For administrative efficiency, multiple registries and courtrooms are established across the designated judicial zones of all nine provinces. These courts handle a heavy and critical caseload, ranging from serious criminal trials (such as murder and treason) to civil appeals, bail applications, and complex writ applications.

The ongoing evolution of the High Courts reflects a continuing commitment to making the upper echelons of the justice system more accessible to the public. By bringing advanced appellate and original jurisdictional powers directly to the provincial level, the High Courts remain vital in ensuring the expeditious and fair administration of justice throughout the country.