Skip to content
2023 Revised Edition
Contents

Chapter XV · The Judiciary

105. Establishment of Courts, & c

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

Subject to the provisions of the

Constitution, the institutions for the administration of justice which protect, vindicate and enforce the rights of the People shall be –

(a)

the Supreme Court of the Republic of

Sri Lanka,

(b)

the Court of Appeal of the Republic of

Sri Lanka,

(c)

the High Court of the Republic of Sri

Lanka and such other Courts of First

Instance, tribunals or such institutions as

Parliament may from time to time ordain and establish.

(2)

All courts, tribunals and institutions created and established by existing written law for the administration of justice and for the adjudication and settlement of industrial and other disputes, other than the

Supreme Court, shall be deemed to be courts, tribunals and institutions created and established by Parliament.

Parliament may replace or abolish, or amend the powers, duties, jurisdiction and procedure of, such courts, tribunals and institutions.

(3)

The Supreme Court of the Republic of Sri

Lanka and the Court of Appeal of the Republic of Sri

Lanka shall each be a superior court of record and shall have all the powers of such court including the power to punish for contempt of itself, whether committed in the court itself or elsewhere, with imprisonment or fine or both as the court may deem fit. The power of the Court of Appeal shall include the power to punish for contempt of any other court, tribunal or institution referred to in paragraph (1)(c) of this Article, whether committed in the presence of such court or elsewhere:

Provided that the preceding provisions of this

Article shall not prejudice or affect the rights now or hereafter vested by any law in such other court, tribunal or institution to punish for contempt of itself.

(4)

Parliament may by law provide for the creation and establishment of courts, tribunals or institutions for the adjudication and settlement of matters relating to the discipline of bhikkus or any dispute between bhikkus or any other dispute relating to the performance of services, in, or in relation to, temples.

Such law may, notwithstanding anything to the contrary in this Chapter or Chapter XVI, make provision –

(a)

for the appointment, transfer, dismissal and disciplinary control of the member or members of such courts, tribunals or institutions by the President or by such other person or body of persons as may be provided for in such law;

(b)

for the exclusion of the jurisdiction of any other institution referred to in paragraph (1) of this Article in relation to such matters and disputes.

In this paragraph the expressions “bhikku” and

“temple” shall have the same meanings as in the Buddhist

Temporalities Ordinance, as at the commencement of the

Constitution.

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules