Legal Framework in Sri Lanka

June 2024
No.LKA_001

In light of growing interest from foreign investors in investing in Sri Lanka, understanding the intricaciesof the country's legal system is paramount. With its rich cultural heritage and diverse historical influences,
Sri Lanka presents a unique legal framework that requires nuanced comprehension.
This newsletter aims to demystify this complex legal landscape by providing a basic overview of key legal
structures and terminologies rooted in Sri Lankan laws and traditions. Focusing on fundamental aspects
such as constitutional foundations, court structures, and the integration of international law, we seek toequip readers with essential insights into navigating the legal intricacies of this vibrant island nation.

Introduction
Sri Lanka, an island nation renowned as the "Pearl of the Indian Ocean," has long captivated the world
with its breathtaking beauty, strategic location, and rich natural resources. Beyond its stunning landscapes,
Sri Lanka boasts a legal framework steeped in history and diversity, shaped by centuries of cultural
influences and colonial legacies. From the ancient civilizations of the Sinhalese, Tamils, and Muslims to
the periods of Portuguese, Dutch, and British rule, the country's legal system reflects a mosaic of traditions
and customs.

1. Legal System of Sri Lanka
Sri Lanka is a multicultural, multi-religious, and multi-ethnic country, influenced by ancient civilizations
such as the Sinhalese, Tamils, and Muslims, as well as periods of colonization by the Portuguese (15051658), Dutch (1658-1796) and British (1796-1948). This rich heritage has significantly shaped the modern
Sri Lankan legal system.

1.1 Roman-Dutch Law
Even after the end of the Dutch colonial rule, the Roman-Dutch Law (RDL) holds a unique position in thelegal framework of Sri Lanka, serving as the residuary law of the country (Common Law, General Law).
During British colonial times, RDL was applied in situations where no relevant statutes existed, or when
special laws were inapplicable or silent. In the absence of applicable legal principles, courts would turn to
RDL, unless the parties were governed by other systems of law. Over time, judicial decisions haveinfluenced and modified RDL principles, sometimes incorporating English legal principles or local
customs and practices. While Dutch law once played a significant role across various legal domains in Sri
Lanka, particularly in procedure, evidence, criminal law, constitutional law, and mercantile law, its
1©Atsumi & Sakai 2024

June 2024
No. LKA_001

application has been greatly diminished, now restricted primarily to certain areas of private law. In thecase of The Costa V Bank of Ceylon Justice Weeramanthry stated “……The Roman-Dutch Law was thus
firmly enthroned as the Common Law of this Country subject to such deviation as might be legislatively
ordained” 1
1.2 English Law
In the realm of legal tradition, Sri Lanka stands as a testament to the enduring influence of the Common
Law system that originated in England. Despite the country’s historical ties to the Roman-Dutch tradition,
the impact of English law has been far more pronounced. From its very foundation, Sri Lanka's legal
structure, including its constitution, was modelled on English legal principles, a legacy that persists evenafter gaining independence. This influence extends beyond mere legislative enactments, seeping into thecore of judicial practices. Modelled largely on the English pattern, Sri Lanka's judicial system embraces
doctrines such as judicial precedent and establishing a robust framework of binding case law. Legalprocedures, particularly in civil and criminal cases, bear the hallmark of English law, exemplified in codes
influenced by Indian, English, and American legal traditions. Perhaps most strikingly, Sri Lanka'scommercial law mirrors English commercial principles, shaping contracts, sales, and other transactions.
In sum, the profound and enduring influence of English law has left an indelible mark on Sri Lanka's legal
system and culture, forging a unique legal landscape that bridges historical legacies with contemporary
realities.
1.3 Personal Law
The Sri Lankan legal system is a testament to the country's diverse historical heritage, deeply intertwinedwith its indigenous roots and the influx of various ethnic groups over millennia. The Vedda people, theisland's indigenous inhabitants, have preserved their distinct culture despite centuries of change. Sinhalese
are descended from an Indo-Aryan group from northern India who settled on Ceylon about 500 B.C 2 .The
Tamil presence, originating from South India, further enriched the island's tapestry through ancientmigrations and dynastic connections. Notably, Sri Lankan kings' marriages to Indian women underscoredthe blending of cultures, adding yet another layer to the country's rich history. During the colonial era,
Tamil laborers arrived under Dutch and British rule, significantly impacting the demographics,
particularly in the central highlands. Additionally, Muslim migration, dating back to the 7th century AD 3
contributed to the coastal communities through vibrant trade networks. This diverse fusion of cultures has
given rise to a vibrant mosaic of traditions and personal laws that continue to shape Sri Lanka's legal
landscape today.
1.3.1 Kandyan Law
The Kandyan law, deeply entrenched in the cultural heritage of the Kandyan kingdom 4 , stands as atestament to Sri Lanka's rich historical tapestry. Its significance reverberates through the annals of time,
shaping the legal landscape of the island nation. With the signing of the Kandyan Convention in 1815,
British colonial ambitions marked a pivotal moment in Sri Lankan history. This event not only paved theway for British control over the Kandyan kingdom but also signaled the onset of broader colonial
dominance across the island. In the aftermath of the convention, British influence extended across theentirety of Sri Lanka, leaving an indelible mark on its governance, culture, and society. In the case ofMongee v Siyar Paya 5, the British recognized Kandyan Law as a territorial law, primarily applying to the
inhabitants of the upcountry region. However, due to historical migrations and settlements, disputes arose
over whether newcomers to the upcountry, including those from the lowlands, should be governed by
Kandyan Law or the General Law (residuary Law/Common Law/RDL). In the case of William v
Robertson 6 , it was established that individuals migrating from the lowlands and settling in the upcountry
were not subject to Kandyan Law. This ruling clarified the jurisdictional boundaries between the two legal
systems. Presently, the Kandyan Marriage and Divorce Act governs marriages within the Kandyan
Commercial Laws of Sri Lanka Applicability of Laws of England, Uditha Egalahewa President’s Counsel, page 19
George C. Cameron, Sri Lankas Legal System, Michigan University, Page2
3 https://en.wikipedia.org/wiki/Islam_in_Sri_Lanka#:~:text=With%20the%20arrival%20of%20Arab,having%20them%20converted%20to%20Islam.
4 The Kandyan Kingdom, nestled in Sri Lanka's central highlands, atop formidable mountain, water, and forest barriers,
remained unconquered by foreign powers until 1815.
5 Mongee v Siyar Paya, Board Minutes, July 7,1820
6 William V Robertson (1886) 8 SCC 36122©Atsumi & Sakai 2024

June 2024
No. LKA_001

community in Sri Lanka. This legislation upholds the unique customs and traditions associated with
Kandyan marriages, ensuring the preservation of cultural heritage within the legal framework of thecountry.
1.3.2 Thesawalamai Law
The Thesawalamai Law, a customary legal system unique to Sri Lanka, holds significant historical andcultural importance, particularly within the region of Jaffna 7 . Originally applied to the "Malabar
Inhabitants of the province of Jaffna", its reach expanded over time. In a landmark case, Tharmalingam
Chetty v Arunasalam Chettiar 8, it was established that this law pertains to Tamils with a Ceylon domicile
and Jaffna residency, further solidifying its application within the community. Originating centuries ago,
the Thesawalamai Law was an integral part of the social fabric of Northern Ceylon. Its formal codification
took place in 1706 under Dutch rule, later receiving validation from the British colonial administration.
This recognition cemented its status as a legal framework governing various aspects of life in the region.
In contemporary Sri Lanka, the application of Thesawalamai Law is regulated by the Matrimonial Rights
and Inheritance Ordinance of 1911. Under this ordinance, customary marriages, as dictated by
Thesawalamai Law, are duly recognized. However, it's important to note that other requirements ofmarriage, such as consent and prohibited degrees of marriage, are governed by the general laws of thecountry.
1.3.3 Muslim Law
The Muslim community in Sri Lanka constitutes a relatively small percentage of the population,
comprising approximately 10% of the total. Within this demographic, Sri Lankan Muslims can be broadly
categorized into two groups: the Moors and the Malays. The Moor community traces its origins to Arab
traders, while the Malays have roots in Java and Malaysia. Marriages within the Sri Lankan Muslim
community are governed by the Muslim Marriage and Divorce Act of 1951. This legislation specificallyaddresses the legal aspects of marriage and divorce for Muslims residing in Sri Lanka. However, it's worth
noting that this act often clashes with the general law and criminal statutes of the country. While theMuslim Marriage and Divorce Act serves as a legal framework for the Muslim population in Sri Lanka, its
application has led to numerous challenges within Sri Lankan society.
In contemporary Sri Lanka, the legal landscape embodies a fusion of diverse legal frameworks mentioned
earlier. Below, we present a concise chart illustrating this harmonization within the Sri Lankan legal system.

In the present Roman-Dutch Law remains the general law or the common law of the country. But thecommon law principles derived from English law have much greater dominance than Roman-Dutch Law.
In the case of Kodeeswaran vs. the Attorney General 9 Lord Diplock stated that common law of the island
has been subject of progressive development by a cursus curiae (long line of judicial decision).
1.4 Constitution:
Since gaining independence from British colonial rule on February 4th, 1948, Sri Lanka has undergone
constitutional evolution, culminating in the codification of two landmark constitutions in 1972 and 1978.
Presently, the 1978 Constitution, with numerous amendments, serves as the supreme law of the country.
Jaffna, located in the northern part of Sri Lanka.
Tharmalingam Chetty V Arunasalam Chettiar (1944) 45 NLR 321
9 Kodeeswaran v The Attorney General 72NLR 337,342(PC)783©Atsumi & Sakai 2024

June 2024
No. LKA_001

Enshrined within it is the principle that Sri Lanka is a sovereign nation, with Section 3 of the constitution
explicitly declaring the sovereignty of the people. This sovereignty is divided into executive, judicial, andlegislative branches of power. Notably, the Constitution acknowledges the importance of an independent
judiciary, safeguarding judicial power and appointments under various sections. This constitutionalframework plays a vital role in shaping Sri Lanka's legal landscape, ensuring the protection of fundamental
rights and the functioning of democratic institutions.

2. Court Hierarchy
Sri Lanka's judiciary has evolved through distinct historical periods. Originating in the monarchical era,
the king held supreme judicial authority, overseeing an unwritten legal system. Under Portuguese rule, theancient Sinhala judicial system persisted, with local officials exercising judicial powers. The Dutch further
organized the judiciary into districts during their tenure. During British colonial rule, Roman-Dutch Law
was retained as the prevailing legal system of the country, and the Privy Council of England was introduced
as the ultimate appellate authority. Constitutional reforms in 1972 marked a significant shift, abolishingappeals to the Privy Council. Subsequent reforms in 1973 established the Supreme Court as the apex court,
under the Judicature Act 10 and the Constitution of 1978 11, reshaping Sri Lanka's present judicial system.
Sri Lanka's legal system is structured hierarchically, featuring multiple layers of courts such as theSupreme Court, Court of Appeal, High Courts, District Courts, Magistrate Courts, and Primary Courts.
Below is a simplified diagram outlining the structure of the Sri Lankan court system.

2.1.1 Supreme Court
The Supreme Court, as per the Constitution of Sri Lanka, holds the utmost authority as the ultimate
superior court in the nation. It possesses conclusive appellate jurisdiction over both civil and criminal
appeals originating from the Court of Appeal or any Court of First Instance. Article 118 of the Sri Lankan
Constitution reads as follows“The Supreme Court of the Republic of Sri Lanka shall be the highest and final superior Court of record in
the Republic”

10
11

Judicature Act No.2 of 1978
The Constitution of the Democratic Socialist Republic of Sri Lanka 1978
4

©Atsumi & Sakai 2024

June 2024
No. LKA_001

The Supreme Court, under the leadership of the Chief Justice and comprising a minimum of six and amaximum of ten additional judges 12 , stands as the paramount authority in the nation, serving as theultimate appellate court. Further Article 118 of the Sri Lankan Constitution serves as a guiding light for the
powers vested in the Supreme Court. It delineates the scope of authority and responsibilities entrusted tothe court as :
a)
b)
c)
d)
e)
f)
g)

Jurisdiction in constitutional matters: Interpretation of the Constitution and to determine
whether any bills are inconsistent with the Constitution. 13
Jurisdiction for the protection of fundamental rights: It acts as a guardian, protecting citizens'
liberties against executive overreach
Final appellate jurisdiction: Serving as the ultimate authority, it resolves legal disputes, ensuringconsistency and fairness in legal decisions.
Consultative jurisdiction: The President seeks its counsel on matters of public interest, benefitingfrom its legal enlightenment.
Jurisdiction in election petitions: Ensuring the integrity of the democratic process, it safeguards
against electoral malfeasance.
Jurisdiction in respect of any breach of the privileges of Parliament: It upholds parliamentary
decorum, ensuring justice prevails within the legislative realm.
In essence, the Supreme Court of Sri Lanka stands as a bastion of justice, safeguarding
constitutional principles, fundamental rights, and democratic governance2.1.2 Court of Appeal
The Court of Appeal of Sri Lanka occupies a pivotal role as the second most senior court within the nation's
legal system, a status conferred upon it by the Court of Appeal Act No. 44 of 1971. Established under thislegislation, its authority extends to the adjudication of appeals originating from both the High Court andany court serving as a court of first instance. According to the provisions laid out in Article 137 of theConstitution, the composition of the court necessitates the presence of the President of the Court alongsidea panel comprising no fewer than six and no more than eleven additional judges. This judicial entity stands
as an indispensable cornerstone of the legal framework, offering a platform for the review and resolutionof appeals, thus making substantial contributions to the administration of justice throughout Sri Lanka.
12

Article 119 of the Sri Lanka Constitution as amended by 31st October 2022.

13 https://jsc.gov.lk/web/index.php?option=com_content&view=article&id=51&Itemid=64%E2%9F%A8=en#The%20Sup

reme%20Court

5©Atsumi & Sakai 2024

June 2024
No. LKA_001

The Court of Appeal holds various powers within its jurisdiction, being:

a)
b)
c)
d)
e)

Appellate Jurisdiction: It possesses the authority to hear appeals from courts of first instance andother judicial bodies.
Correction Jurisdiction: The court has the power to rectify any errors, whether factual or legal,that arise in cases.
Examination of Case Records: It can request and review case records from courts of first instanceto ensure proper examination.
Contempt of Court: The court has the authority to punish contempt of court, with imprisonmentof up to eight years being a possible penalty
Writs Issuance: The court is empowered to issue writs such as certiorari 14 , procedendo 15 ,mandamus 16, and quo warranto 17, which serve to ensure the legality and fairness of proceedings
in lower courts.

2.1.3 High Court in Sri Lanka
The High Courts in Sri Lanka are vital pillars of the nation's judicial system, established and regulated by
a combination of constitutional provisions, legislative enactments, common law principles, andinternational agreements. Article 154P of the Constitution outlines the establishment, jurisdiction, powers,
and functions of these courts, while statutes like the Judicature Act provide further guidance. Withjurisdiction over both civil and criminal matters, Sri Lanka's High Courts wield significant authority,
hearing cases ranging from serious criminal offenses to complex civil disputes and constitutional matters.
Their decisions hold substantial weight, as they have the power to issue orders, judgments, and rulings
that are binding and enforceable within their respective jurisdictions. As such, the High Court play a crucialrole in administering justice and upholding the rule of law throughout Sri Lanka.
a) Civil Appellate High Court
The High Court of Civil Appeal has been established to expedite the civil appeals from District Courts.
b) The Provincial High Court
The Provincial High Courts were instituted through the 13th Amendment of the 1978 constitution, withjudges appointed by the Chief Justice. This initiative aims to decentralize the authority of the Court ofAppeal to the provincial level, offering citizens the chance to lodge their appeals at the provincial level
The provincial High Courts have been granted the authority to review and revise decisions and verdicts
made by Magistrate Courts, primary courts, labor tribunals, and Agrarian Services Commissioners
Tribunals within the province.
c) Special High Court
In 2018, Special High Courts were established in Sri Lanka with a specific focus: expediting cases related
to large-scale corruption and financial crimes. These courts, including the permanent High Court-at-Bar,are dedicated to hearing cases involving offenses such as money laundering, bribery, financial fraud,dishonest misappropriation of property, and criminal breach of trust by public servants.

14 Certiorari allows the Court of Appeal in Sri Lanka to review lower court decisions, ensuring they stay within theirjurisdiction. If legal errors orprocedural irregularities are found, the court can overturn the decision.
15 Procedendo: This writ is issued by the Court of Appeal to direct a lower court to proceed with a case. It commands thelower court to proceed to judgement This writ compels a lower court, tribunal, or administrative body to perform a specificduty that it's legally obligated to do. It orders them to take specific actions or make decisions in accordance with the law andproceed according to law if it has delayed or neglected to do so.
16 Mandamus: This writ compels a lower court, tribunal, or administrative body to perform a specific duty that it's legallyobligated to do. It orders them to take specific actions or make decisions in accordance with the law.
17 Quo warranto: This allows the court to question the right or legality of holding a public office or position. If there aresuspicions regarding the unlawful occupancy of a public position, this legal mechanism empowers the Court of Appeal toinvestigate and request evidence regarding the authority under which the individual holds that position. If satisfactoryevidence cannot be provided, the individual may face removal from the position in question.

6©Atsumi & Sakai 2024

June 2024
No. LKA_001d) The Commercial High Court
The Commercial High Court holds the authority to adjudicate cases concerning commercial transactions
valued at over 20 million rupees 18. Additionally, it possesses jurisdiction over matters falling within thepurview of the Intellectual Property Act.
2.1.4 The District Court
In Sri Lanka, there are District Courts in all 54 districts. These courts handle various civil matters specificto each district. The Commission of the Judicial Service is responsible for appointing and removing judges
for these courts.
District Courts in Sri Lanka handle a diverse range of cases, including divorce proceedings, testamentary
matters (pertaining to estates of individuals who passed away without a will), guardianship of individuals
with mental incapacities, cases involving minors' guardianship and legality, adoption petitions, namechange requests, income-related disputes, trust and bankruptcy cases, financial disputes, partition cases,
land disputes, rental disputes, accident compensation claims, insurance cases, and cases under theCompany Act.
2.1.5 The Magistrate Court
Under the Judicature Act, No. 2 of 1978, Magistrate's Courts are set up in each of 74 judicial divisions in
Sri Lanka, each endowed with primary criminal jurisdiction. These courts typically have the authority to
impose sentences, including fines of up to Rs. 1,500 and/or imprisonment for a maximum of two years.
The appointment of all Magistrates falls under the purview of the Judicial Service Commission. Appeals
stemming from decisions made by Magistrate's Courts within a province are directed to the High Court ofthat respective province for further review and consideration.
Under section 30 of the Judicature Act, Magistrate Courts are empowered to perform the provisions
outlined in the Penal Code, Criminal Procedure Code, and any other enactments for the time being force 19.

2.1.6 The Primary Court
The Judicature Act outlines the role of Primary Courts in adjudicating cases where the debt, damage,demand, or claim does not surpass Rs.1500. Presently, there are seven Primary Courts in operation across
Sri Lanka. These courts possess both criminal and civil jurisdiction, enabling them to handle a variety oflegal matters within their prescribed limits.

Gazette Extraordinary No. 2170/09 dated December 15, 2023.
Section 30 of the Judicature Act:
“Every Magistrate’s Court shall have and exercise all powers and authorities and perform all duties which Magistrates' Courts
are empowered and required to have, exercise and perform by virtue of the provisions of the Penal Code or of the law relatingto criminal procedure or of any other enactment for the time being in force in any way empowering or requiring them in thatbehalf. For the purposes of this section "law relating to criminal procedure " shall mean the Code of Criminal Procedure Act.”

18
19

7

©Atsumi & Sakai 2024

June 2024
No. LKA_001

2.2 Litigation in Sri Lanka
In Sri Lanka, the legal landscape is structured around two primary types of litigation: civil law practice andcriminal law practice. Each category serves distinct purposes within the judicial system, addressing
different legal issues and employing specific procedures.

2.3 The Structure and Process of Civil Litigation in Sri Lanka
Civil litigation in Sri Lanka operates within a well-established legal framework governed primarily by the
Civil Procedure Code. This code delineates the procedures for filing and prosecuting civil cases,
encompassing jurisdiction, pleadings, discovery, evidence, and appeals. The court system for civil cases ishierarchical, comprising the District Court, the High Court, the Court of Appeal, and the Supreme Court.
Beginning with the filing of a plaint, parties navigate through pre-trial procedures, which may include
document exchange, evidence discovery, and witness examination. Alternative dispute resolution
mechanisms, such as mediation, offer avenues for settlement outside of court.
In the trial phase, both parties present evidence and arguments before a judge who renders a judgment
based on legal principles and the merits of the case. Dissatisfied parties have the right to appeal to higher
courts for review.
Overall, civil litigation in Sri Lanka provides a structured and transparent process for resolving disputes,
ensuring access to justice and equitable remedies for all parties involved.

2.4 Criminal Litigation in Sri Lanka
The legal framework governing criminal proceedings is based on key legislative enactments such as thePenal Code, the Criminal Procedure Code, and the Evidence Ordinance. These laws cover a wide range ofoffenses, ensuring that individuals accused of crimes, from minor infractions to serious offenses like theftand homicide, are prosecuted fairly.
Criminal procedure in Sri Lanka is simple: detecting the offenders and bringing them before the courts,
conducting a fair trial, convicting the offender and imposing an appropriate degree of punishment on theoffender, rehabilitating and reintegrating the offender into society, and controlling and prevent further
crimes 20.
The process begins with the initiation of criminal proceedings, typically through a complaint filed with therelevant judicial authority. The Magistrate's Court and the High Court are the two main criminal
prosecution courts in Sri Lanka 21 . Criminal prosecution involves a collaborative effort among law
A critical analysis on the application of the legal principle of rule of law in the criminal justice system of Sri Lanka, Prof.
Muthukuda Niriella, University of Colombo
21 THE ROLE AND FUNCTION OF PROSECUTION IN SRI LANKA, D.P. Kumarasingha, page 1, Section 136 of the Code of
Criminal Procedure Act
20

8©Atsumi & Sakai 2024

June 2024
No. LKA_001

enforcement agencies, primarily the police, and the Attorney General's Department. The police are tasked
with investigating crimes and collecting evidence, while the Attorney General's Department handles theprosecution of criminal cases on behalf of the state. Finally, the courts, including the Magistrate's Court,
the High Court, and the Supreme Court, oversee the trial process, adjudicate cases, and deliver judgments
based on the evidence presented and the law. The prosecution presents evidence and arguments toestablish guilt, while the accused is entitled to a fair trial conducted according to established legal
procedures. During the trial, both sides present their cases, and the judge evaluates the evidence before
delivering a verdict based on the law and facts presented.
As a nation historically influenced by British colonial rule, Sri Lanka has adopted an Anglo-American plea
system. This system is governed by Section 197 of the Criminal Procedure Act (No. 15 of 1979), which
outlines the following:“If the accused pleads guilty and it appears to the satisfaction of the Judge that he rightly comprehends theeffect of his plea, the plea shall be recorded on the indictment and he may be convicted thereon.”
As a country following the adversarial system the process ensures that both the prosecution and defence
have the opportunity to present their arguments fully and challenge each other's evidence and assertions.
This process helps safeguard the rights of the accused and ensures a fair trial.
In the event of an unfavourable verdict, the accused has the right to appeal to higher courts, such as the
Court of Appeal or the Supreme Court, for a review of the judgment. This appellate process ensures thatany legal errors or miscarriages of justice are addressed, maintaining fairness and due process.
2.5 Language of the Country, Laws and Courts
Chapter IV of the Sri Lankan constitution outlines the provisions regarding the use of languages in the
country. According to Article 18, Sinhala and Tamil are designated as the Official Languages of Sri Lanka,
with English serving as the link language, as stated in Article 18(3). Additionally, Article 19 specifies that
Sinhala and Tamil are recognized as the National Languages of the nation.
2.5.1 Language of legislation
Article 23 mandates that laws and regulations in Sri Lanka must be enacted, published, and made available
in Sinhala and Tamil; translations of these laws into English are also required to ensure accessibility andcomprehension for all citizens.
2.5.2 Language of the Courts
Sinhala and Tamil shall be the languages of the Courts throughout Sri Lanka and Sinhala shall be used as
the language of the courts situated in all the areas of Sri Lanka except those in any area where Tamil is thelanguage of administration. The record and proceedings shall be in the language of the Court 22 .
In a recent development, in March 2024, the Justice Minister sanctioned English as the official language
for all litigation in the Commercial High Court, covering commercial, company, admiralty, and arbitration
matters, in accordance with Article 24(4) of the Constitution. This decision enhances accessibility andefficacy in legal proceedings, aligning Sri Lanka with international standards and streamlining operations
in commercial and arbitration cases.
2.6 Independence of Judiciary
In any modern society, the judiciary plays a critical role in upholding the pillars of justice, fairness, and therule of law. Its independence and impartiality are fundamental to fostering trust and confidence among
citizens in the legal system. In Sri Lanka, the Constitution of 1978 stands as a testament to the nation's
commitment to safeguarding the independence of the judiciary, ensuring that it operates autonomously
and with integrity.

22

Article 24 (1) of the SL Constitution
9©Atsumi & Sakai 2024

June 2024
No. LKA_001

Appointment Process:The appointment process for judges, from the Supreme Court to lower courts, is meticulously structured
to ensure fairness and impartiality. Supreme Court and Court of Appeal judges are appointed with the
President's approval upon recommendation from the Constitutional Council. High Court judges are chosen
based on recommendations from the Judicial Service Commission (JSC), while other court judges undergo
a similar evaluation process through JSC recommendations.
Financial Independence:
Financial autonomy is a cornerstone of judicial independence in Sri Lanka. Judges' salaries are drawn froma consolidated fund, shielding them from direct budgetary control.
Ethical Standards:
Upholding ethical standards is paramount in maintaining the integrity of the judiciary. Sri Lanka's
Constitution prohibits judges from accepting external positions without Presidential consent. This ensuresthat judges maintain their singular focus and independence in fulfilling their judicial duties, free fromexternal influences.
Impartiality Protection:
Protecting the judiciary from undue influence is crucial for preserving its impartiality. Influencing judicial
matters is considered a punishable offense, shielding judges from external pressures and allowing them tomake decisions autonomously. This protection safeguards the judiciary's impartiality and autonomy in its
decision-making processes.
Judicial Oversight:
Judicial oversight is essential for ensuring accountability and transparency within the judiciary. The
Judicial Service Commission, led by the Chief Justice and appointed by the President, oversees theappointment, promotion, and disciplinary processes. With commission members serving five-year terms,
appointed to reinforce accountability and independence, judicial oversight remains robust in Sri Lanka.
Removal of Judges:
In Sri Lanka, according to the Constitution, Supreme Court and Court of Appeal judges can only beremoved for "proved misbehaviour or incapacity" (Art 107(2)), while High Court judges can be removed or
disciplined by the President upon recommendation from the Judicial Service Commission (Art 111(2)(b)).
The JSC oversees the appointment, promotion, and disciplinary matters of all judicial officers, including
lower court judges.
2.7 Administrative Tribunals
In addition to the traditional court hierarchy, Sri Lanka has established various administrative tribunals
to handle specific types of disputes and regulatory matters. These quasi-judicial bodies include the Labour
Tribunal, Tax Appeal Commission, Agricultural Tribunals, Court Martials, and Rent Board, among others.
The decisions rendered by these tribunals are generally accepted as binding, but they are subject to revisionby the Appellate Courts through writs or appeals. Each tribunal operates under specific enactments thatgovern its jurisdiction and procedures. This dual system of judicial and quasi-judicial 23 mechanisms
ensures that a wide range of legal disputes and administrative matters can be effectively addressed,
providing citizens with alternative avenues for resolving their grievances outside of the traditional court
system

3. Alternative Dispute Resolutions (ADR)
Alternative Dispute Resolution (ADR) methods play a crucial role in the Sri Lankan legal landscape,offering parties flexible and efficient means to resolve disputes outside the traditional court system.
3.1 Mediation
The Mediation Boards Act, No. 72 of 1988 in Sri Lanka established Mediation Boards to resolve civil
disputes efficiently. These boards handle various matters, including land disputes, contracts, family issues,
Bodies that have some characteristics of a judicial proceeding or decision-making but are not considered fully judicial innature.

23

10©Atsumi & Sakai 2024

June 2024
No. LKA_001

and community conflicts. Upon successful mediation, they issue a "Certificate of Settlement," documenting
the agreed-upon terms signed by both parties and the mediator. With 329 boards and over 8,000 24
mediators across the country, they offer a swift alternative to litigation, resolving disputes that may have
lingered for years and promoting amicable settlements. On 28th February 2024 Sri Lanka was ratified as amember of the Singapore Convention on Mediation 25.
3.2 Arbitration
Sri Lanka has established a robust legal framework for arbitration, and has signed and ratified the New
York Convention 26 without reservations and promulgated the Arbitration Act of 1995. Under thislegislation, arbitration proceedings are conducted by arbitrators either chosen by the parties or appointed
by arbitral institutions, with their decisions, known as arbitral awards, holding legal validity andenforceability by the courts. Notably, Sri Lanka hosts reputable arbitration centres such as the Sri Lanka
National Arbitration Centre (SNNAC) and the Institute of Commercial Law and Practice (ICPL), which
contribute to the arbitration landscape. Part VII of the Arbitration Act governs the recognition andenforcement of foreign arbitral awards, outlining procedures for their filing and enforcement in Sri Lanka.
The Act confers judicial power exclusively to the High Court of Sri Lanka for matters related to foreign
arbitral awards, as reinforced by the landmark case of State Timber Corporation v. Moiz Goh (Pvt) Ltd 27.
This judicial precedent clarified that Sri Lankan District courts lack jurisdiction over arbitration
proceedings, underscoring the authority vested in the High Court as per the Arbitration Act.
3.3 Negotiation
Negotiation is a valuable alternative dispute resolution method in Sri Lanka, fostering directcommunication and mutual agreement between parties. Through open discussions, disputing parties canidentify their interests, concerns, and potential solutions, allowing for flexible and creative resolutions
tailored to their specific needs.

4. Ombudsman & Human Rights Commission
4. 1 Ombudsman
The Ombudsman, established under Article 156 of the Constitution, plays a crucial role in safeguarding thefundamental rights and other rights of citizens from potential violations by the executive or administrative
bodies. Appointed by the President, the Ombudsman serves to prevent the infringement of fundamental
rights and protect citizens from administrative injustices. Since 1994, any citizen has had the right todirectly lodge complaints with the Ombudsman, ensuring accessibility and accountability. The current
Ombudsman, K.B.K. Hirimburegama, a former Judge of the High Court of Sri Lanka, holds office from
April 6, 2023 28.
4.2 Human Rights Commission
The Human Rights Commission of Sri Lanka, established under the Human Rights Commission of Sri
Lanka Act, No. 21 of 1996, serves as an independent statutory body responsible for upholding andpromoting human rights across the country. Comprising 5 members 29 appointed by the President, thecommission plays a pivotal role in raising awareness about human rights, advising the government on
fundamental rights issues, and hearing complaints regarding human rights violations. It also monitors
executive and administrative actions to ensure the protection of human rights and provides
recommendations for national laws and policies aligning with international human rights standards.
Empowered to investigate violations, establish subcommittees, conduct programs, and offer compensationfor victims of rights abuses, the commission acts as a crucial safeguard for human rights in Sri Lanka,
reinforcing the nation's commitment to international principles of human rights.

https://www.moj.gov.lk/index.php?option=com_content&view=article&id=30&Itemid=178&lang=en
https://unis.unvienna.org/unis/en/pressrels/2024/unisl353.html
26 The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) 1958
27 (2000) 2 Sri L.R 316(CA)(2002) BALR 44 (SC)28 http://www.ombudsman.gov.lk/
29 Section 3 of the Human rights Commission of Sri Lanka Act No.21 of 1996
24
25

11

©Atsumi & Sakai 2024

June 2024
No. LKA_001

5. International Law
Sri Lanka follows a dualist approach to international law, which means that international treaties andagreements ratified by Sri Lanka do not automatically become part of domestic law. Instead, they must be
expressly incorporated into domestic law through legislation. The Sri Lankan Constitution does not
explicitly mention the dualist approach, but it provides for the process of incorporating international
treaties into domestic law.
Article 27 (15) of the Constitution“The State shall promote international peace, security and co-operation, and the establishment of a justand equitable international economic and social order and shall endeavor to foster respect forinternational law and treaty obligations in dealings among nations.”
In the landmark case of Nallaratnam Singharasa vs AG 30 the Supreme Court of Sri Lanka extensively
deliberated on the incorporation of international treaty law into the domestic legal system. The court
engaged in a thorough analysis and debate regarding the integration of international treaties ratified by
Sri Lanka into the national legal framework. This pivotal legal discourse underscored the significance ofaligning international obligations with domestic legislation and emphasized the necessity of judicial
interpretation to ensure coherence and consistency between international law and Sri Lanka's legal
framework.

6. Legal Education and the Legal Profession
Legal education in Sri Lanka is available at several institutions, where students can pursue degrees in law.
These include prominent institutions such as the Law Faculty of Colombo University, Sri Lanka Law
College, and the Faculties of Law at the University of Peradeniya and Jaffna. Additionally, numerous
private institutions also offer legal education across the country.
The legal profession in Sri Lanka is diverse, comprising attorneys, counsel, President Counsel, judges, andlegal advisors, all of whom play crucial roles in administering justice. Attorneys, counsel, and President
Counsel represent clients, while judges preside over legal proceedings. Legal advisors provide guidanceand expertise on legal matters. Together, these professionals uphold the principles of justice and contributeto the fair application of the law in society.
In conclusion, Sri Lanka's legal system stands as a testament to its rich and diverse heritage, shaped by
centuries of historical influences and cultural complexities. From the colonial legacies of Portuguese,Dutch, and British rule to the indigenous legal traditions of the Sinhalese, Tamils, and Muslims, the legal
landscape of Sri Lanka is a mosaic of various legal systems and customs. This intricate tapestry is further
enriched by the enduring legacy of Roman-Dutch Law and the profound impact of English legal principles.
Today, as Sri Lanka embraces its multicultural identity and navigates the complexities of modern
governance, its legal framework continues to evolve, guided by constitutional principles, judicial
precedents, and international obligations. Through its hierarchical court system, commitment to legal
education, and diverse array of legal professionals, Sri Lanka endeavors to uphold the rule of law, safeguard
fundamental rights, and promote justice for all its citizens. As the "Pearl of the Indian Ocean" charts its
course forward, its legal system remains a cornerstone of stability, ensuring that the principles of fairness,
equity, and the rule of law endure amidst the ebb and flow of history.
End.
---------------------------------------------------------------------------------------------------------------------------THIS NEWSLETTER IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT DOES NOTCONSTITUTE AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.
----------------------------------------------------------------------------------------------------------------------------

30

S.C. SpL (LA) No.182/99,decided on 15.09.2006
12©Atsumi & Sakai 2024

June 2024
No. LKA_001

Authors/Contacts
Damintha Pathirana
Partner
Registered Foreign Lawyer (The Laws of the
Democratic Socialist Republic of Sri Lanka)
E: damintha.pathirana@aplaw.jp

Hayato KimuraPartner
E: hayato.kimura@aplaw.jp
Taro Morinaga
Advisor
E: taro.morinaga.@aplaw.jp

Kentaro Minato
Partner
E: kentaro.minto@aplaw.jp

If you would like to sign up for A&S Newsletters, please fill out the sign-up form.
Back issues of our newsletters are available here.

--------------------------------------------

Atsumi & Sakai is a multi-award-winning, independent Tokyo law firm with a dynamic and innovative approach to legal
practice; it has been responsible for a number of ground-breaking financial deal structures and was the first Japanese law
firm to create a foreign law joint venture and to admit foreign lawyers as full partners. Expanding from its highly regarded
finance practice, the Firm now acts for a wide range of international and domestic companies, banks, financial institutions
and other businesses, offering a comprehensive range of legal expertise.
Atsumi & Sakai has an outward-looking approach to its international practice, and has several foreign lawyers with extensive
experience from leading international law firms, providing its clients with the benefit of both Japanese law expertise andreal international experience.
We are the only independent Japanese law firm with affiliated offices located in New York, London, Brussels and Frankfurt
which, together with our Tokyo office and Fukuoka affiliated office, enables us to provide real-time advice on Japanese law
to our clients globally.

Atsumi & Sakai
www.aplawjapan.com/en/
Tokyo Office: Fukoku Seimei Bldg., 2-2-2 Uchisaiwaicho, Chiyoda-ku, Tokyo 100-0011, Japan
Fukuoka Affiliate Office: Tenjin Bldg. 10F, 2-12-1 Tenjin, Chuo-ku, Fukuoka-shi, Fukuoka 810-0001 JapanNew York Affiliate Office: 1120 Avenue of the Americas, 4th Floor, New York, New York 10036
London Office: 85 Gresham Street, London EC2V 7NQ, United Kingdom
Brussels Office: CBR Building, Chaussée de la Hulpe 185, 1170, Brussels, Belgium
Frankfurt Affiliate Office: OpernTurm (13F) Bockenheimer Landstraße 2-4, 60306 Frankfurt am Main, Germany
NOTICES
Atsumi & Sakai is a partnership consisting of Atsumi & Sakai Legal Professional Corporation, a Japanese professional corporation, a foreign law joint venture underthe Act on Special Measures Concerning the Handling of Legal Services by Foreign Lawyers with certain Registered Foreign Lawyers of our firm, a Japanese Civil Codepartnership among Japanese lawyers, represented by Yutaka Sakai, a lawyer admitted in Japan, and a foreign law joint venture with Janssen Foreign Law Office,represented by Markus Janssen, a foreign lawyer registered in Japan to advise on the laws of the Federal Republic of Germany. In addition to lawyers admitted inJapan, our firm includes foreign lawyers registered in Japan to advise on the laws of the US States of New York and California, the Republic of Korea, India, Englandand Wales*, and the State of Queensland, Australia. Foreign lawyers registered in Japan to advise on state laws also are qualified to provide advice in Japan on thefederal laws of their respective jurisdictions.
Atsumi & Sakai has established an office in London operating as Atsumi & Sakai Europe Limited (a company incorporated in England and Wales (No: 09389892); sole
director Naoki Kanehisa, a lawyer admitted in Japan), an office in Brussels operating as Atsumi & Sakai Brussels EU (a company incorporated in Belgium; managing
partner: Etsuko Kameoka, a lawyer admitted in New York and a Registered Foreign Lawyer in Brussels**), and an affiliate office in New York operating as Atsumi &Sakai New York LLP (a limited liability partnership established in New York; managing partner Bonnie L. Dixon, a lawyer admitted in New York and a Registered
Foreign Lawyer in Japan). We also have a partnership with A&S Fukuoka LPC in Japan (partner: Yasuhiro Usui, a lawyer admitted in Japan) and an affiliate officein Frankfurt operating as Atsumi & Sakai Europa GmbH - Rechtsanwälte und Steuerberater, a corporation registered in Germany providing legal and tax advisory
services (local managing director: Frank Becker, a lawyer admitted in the Federal Republic of Germany).
Atsumi & Sakai is not regulated by the Solicitors Regulation Authority for England and Wales.
**Not Registered as a Foreign Lawyer in Japan*

2. LEGAL ADVICEJapanese legal advice provided by Atsumi & Sakai and our global offices is provided by lawyers admitted in Japan. Advice provided in Tokyo in respect of any foreign
law on which one of our foreign lawyers is registered in Japan to advise, may be provided by such a Registered Foreign Lawyer. None of Atsumi & Sakai Legal
Professional Corporation, Atsumi & Sakai Europe Limited or Mr. Naoki Kanehisa is regulated by the Solicitors Regulation Authority for England and Wales, and none
will undertake any reserved legal activity as defined in the United Kingdom Legal Services Act 2007. Advice provided in Germany on the laws of Germany will be
provided by a lawyer admitted in Germany, and advice provided in New York on the laws of New York will be provided by a lawyer admitted in New York.

13©Atsumi & Sakai 2024