Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XXI · Transitional Provisions
169. Provisions relating to judiciary
Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.
Unofficial copyFrom Parliament of Sri Lanka, unchanged
Unless Parliament otherwise provides –
any provisions of the Administration of
Justice Law, No. 44 of 1973, which are inconsistent with the provisions of the
Constitution, shall, to the extent of such inconsistency, be deemed to be repealed;
the Supreme Court established by the
Administration of Justice Law, No. 44 of 1973, shall, on the commencement of the
Constitution, cease to exist and accordingly the provisions of that Law relating to the establishment of the said Supreme Court, shall be deemed to have been repealed. Unless otherwise provided in the Constitution, every reference in any existing written law to the
Supreme Court shall be deemed to be a reference to the Court of Appeal;
all appellate proceedings including proceedings by way of revision, case stated and restitutio in integrum pending in the
Supreme Court established under the
Administration of Justice Law, No. 44 of
1973, on the day preceding the commencement of the Constitution, shall stand removed to the
Court of Appeal and the Court of Appeal shall have jurisdiction to take cognizance of and to hear and determine the same; and the judgements and orders of the Supreme Court aforesaid delivered or made before the commencement of the Constitution in appellate proceedings shall have the same force and effect as if they had been delivered or made by the Court of Appeal;
all original proceedings by way of applications for the issue of high prerogative
Writs and applications for any other relief pending in the Supreme Court as well as all applications for injunctions pending in the
High
Court established under the
Administration of Justice Law, No. 44 of 1973, on the date immediately preceding the commencement of the Constitution shall stand removed to the Court of Appeal and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the Supreme Court established under the Administration of
Justice Law, No. 44 of 1973, delivered or made before the commencement of the
Constitution in original proceedings shall have the same force and effect as if they had been delivered or made by the Court of
Appeal:
Provided that any proceedings in relation to any alleged breach of privileges of
Parliament pending in the Supreme Court shall stand removed to the Supreme Court created and established by the Constitution;
no appeal shall lie from any judgement, order or decree of the Supreme Court established under the Administration of Justice Law, No.
44 of 1973, to the Supreme Court created and established under the Constitution but such judgement, order or decree, as the case may be, shall be final as between the parties to the action, application or other proceeding in which such judgement, order or decree was made:
Provided that it shall be competent for the
Court of Appeal and all officers of such Court to take all such steps as may be necessary, including the entering of decrees if not already entered and taxation and recovery of costs so as to ensure that such judgements, orders and decrees are completely and effectively complied with, as if they had been delivered or made by the Court of Appeal created and established by the Constitution;
the several High Courts established under
Chapter I of the Administration of Justice
Law, No. 44 of 1973, shall be deemed for all purposes to constitute a single court created and established by Parliament called the High
Court of the Republic of Sri Lanka having ju-risdiction throughout the Republic of Sri
Lanka to be exercised in the several Zones in accordance with the law for the time being in force. Accordingly, subject to the provisions of the Constitution, and of any existing written law, all provisions relating to High Courts contained in such Law shall, mutatis mutandis, apply to the High Court of the
Republic of Sri Lanka;
all criminal and admiralty cases, proceedings or matters, other than applications for injunctions, pending in the High Courts established under the Administration of
Justice Law, No. 44 of 1973, on the day preceding the commencement of the
Constitution shall stand removed to the said
High Court of the Republic of Sri Lanka and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid High
Courts delivered or made before the commencement of the Constitution shall have the same force and effect as if they had been delivered or made by the High Court of the Republic of Sri Lanka;
the President of the Court of Appeal shall from time to time as he may deem expedient nominate the Judges of the High Court of the Republic of Sri Lanka to exercise the jurisdiction of the High Court in such zones as he may determine and the provisions of
Chapter II of the Administration of Justice
Law, No. 44 of 1973, shall mutatis mutandis, apply to the hearing and disposal of all proceedings pending in or hereafter instituted in the High Court;
all indictments filed hereafter in the High
Court of the Republic of Sri Lanka shall be in the name of the Republic of Sri Lanka and shall be signed by the Attorney-General or any person authorized under section 189 of the Administration of Justice Law, No. 44 of 1973;
all election petition proceedings relating to the election of any person to the membership of the National State Assembly pending in the
High
Courts established under the
Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution shall stand removed to the
Court of Appeal and the Court of Appeal shall have the same jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgements and orders of the Supreme Court established by the Administration of Justice Law, No. 44 of 1973, and of the High Courts aforesaid delivered or made before the commencement of the Constitution in such election petition proceedings shall have the same force and effect as if they had been delivered or made by the Supreme Court and the Court of
Appeal established by the Constitution, as the case may be. The President of the Court of
Appeal is hereby vested with the power to nominate a Judge of the Court of Appeal to hear and determine any election petition in respect of which the Court of Appeal is vested with jurisdiction by the Constitution;
all
Attorneys-at-Law admitted and enrolled or deemed to have been admitted and enrolled as Attorneys-at-Law under the provisions of the Administration of Justice
Law, No. 44 of 1973, shall subject to the provisions of the Constitution be deemed to have been admitted and enrolled as
Attorney-at-Law of the Supreme Court created and established by the Constitution;
after the date fixed by the Minister in charge of the subject of Justice, by Order published in the Gazette, no Attorney-at-Law shall be entitled to represent any party to a proceeding or be given the right of audience in any court, tribunal or other institution until or unless he has taken and subscribed the oath or made and subscribed the affirmation set out in the
Fourth Schedule, before a Judge of the
Supreme Court, Court of Appeal, High Court or any other judicial officer as defined in
Article 114; and it shall be the duty of any such Judge or judicial officer, as the case may be, to forward such oath or affirmation so taken and subscribed or made and subscribed to the Registrar of the Supreme
Court who shall cause the same to be entered in the rolls of such Court. Such entry shall be the only proof that such Attorney-at-Law has taken and subscribed or made and subscribed such oath or affirmation;
the provisions of the Administration of
Justice Law, No. 44 of 1973, relating to the
Attorney-General, the legal profession, State
Attorneys and State Counsel, shall be deemed for all purposes to be in operation, and every reference to the Supreme Court in sections 33
to 36 of the Administration of Justice Law,
No. 44 of 1973, and in the rules and regulations relating thereto shall be deemed to be a reference to the Supreme Court established by the Constitution;
if any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of the Constitution, not provided for in the Constitution or any written law, the Chief Justice shall have the power to give such directions as he may consider necessary to prevent injustice or as the justice of the case may require and to ensure that the provisions of Chapters XV and XVI of the Constitution are given full and complete effect;
any reference in section 2 of the Special
Presidential Commissions of Inquiry
Law, No. 7 of 1978, to the Supreme
Court shall be deemed to be a reference to the Supreme Court established by the
Constitution;
where any person has been appointed as a member of a Special Presidential
Commission of Inquiry established under the Special Presidential Commission of
Inquiry Law, No. 7 of 1978, then, such person shall not withstanding the provisions of the Constitution, continue to be such member and shall be deemed for the purposes of Article 81(1) to be a
Judge of a Court referred to therein unless he resigns, or refuses or becomes unable to act, or is discharged by the
President from the performance of his duties as such member in accordance with the provisions of the Special Pres-idential Commissions of Inquiry Law,
No. 7 of 1978;
any such member specified in the
Warrant establishing such
Special
Presidential Commission of Inquiry as
Chairman, shall, subject to the provisions of sub-paragraph (ii) of this paragraph, continue to be the
Chairman of such Special Presidential
Commission of Inquiry;
any breach of the privileges of the
National State Assembly functioning immediately prior to the commencement of the Constitution, shall be deemed to be a breach of the privileges of
Parliament and accordingly, Parliament and the Supreme Court, shall have the power to take cognizance of and punish any person for such breach of privileges of Parliament;
where prior to the commencement of the Constitution, any step required or authorized by the
Parliament (Powers and Privileges) Act has been taken in respect of, or in relation to, any act or omission alleged to constitute such a breach of the privileges of Parliament as is referred to in sub-paragraph (i) of this paragraph, such step shall be deemed to have been validly taken and any further steps as are required or authorized under such Act, may be taken, in respect of, or in relation to, such alleged breach of the privileges of
Parliament, as if the act or omission alleged to constitute such breach of privileges of Parliament had been committed or had occurred after the commencement of the Constitution.
Chapter XXII
Interpretation
Chapter XXIII
Repeal
Chapter XXIV