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Chief Justice of Sri Lanka

From Wikipedia, the free encyclopedia
Head of judiciary of Sri Lanka

Chief Justice of Sri Lanka
අග්‍ර විනිශ්චයකාර
பிரதம நீதியரசர்
since 27 July 2025
StyleThe Honourable
(formal)
Your Honour
(within court)
NominatorPresident of Sri Lanka
AppointerThePresident
withConstitutional Counciladvice and consent
Term lengthUntil the age of sixty-five years
Constituting instrumentRoyal Charter of Justice of 1801 in reference with theConstitution of Sri Lanka.
FormationMarch 1801
First holderCodrington Edmund Carrington
Websitesupremecourt.lk
This article is part of a series on the
Politics of
Sri Lanka

Thechief justice of the Democratic Socialist Republic of Sri Lanka is the head of thejudiciary of Sri Lanka and theSupreme Court of Sri Lanka. Established in 1801, the chief justice is one of ten Supreme Court justices; the other nine are thepuisne justices of the Supreme Court of Sri Lanka. The post was created in 1801. The chief justice is nominated by theConstitutional Council, and appointed by thepresident. The first chief justice wasCodrington Edmund Carrington. The current and 49th chief justice isPadman Surasena.

History

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The office ofchief justice traces its origins back with the founding the Royal Charter of Justice of 1801 (now this provision is as set out in theConstitution of Sri Lanka) by theUnited Kingdom. With the establishment of the Supreme Court, it was to consist of one principal judge who shall be called "The Chief Justice of the Supreme Court of Judicature in the Island of Ceylon" and one other judge, who was to be called "The Puisne Justice of the Supreme Court of Judicature in the Island of Ceylon". The charter required the chief justice and puisne justice to have not less than five years of experience as barristers, inEngland orIreland to be named and appointed.

The post was first held byCodrington Edmund Carrington.[1]

Controversy of 2013–2015

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The chief justiceMohan PeirisPC was appointed on 15 January 2013 following the controversialimpeachment ofShirani Bandaranayake. Peiris was elevated byPresidentMahinda Rajapaksa with the approval of theParliamentary Council. Peiris' appointment drew some criticism. Peiris was considered to be an ally of President Rajapaksa, and his appointment was seen by critics as further consolidation of power by the president andhis family.[2][3] Prior to his appointment he was Chairman ofSeylan Bank, Senior Legal Officer to theCabinet and held the post ofattorney general. Peiris was officially inaugurated as chief justice at a ceremony in the Supreme Court on 23 January 2013. On 28 January 2015 Peiris was removed from office and his tenure demoted as de facto chief justice as theGovernment of Sri Lanka acknowledged that his appointment was void at its inception as the sitting judge,Shirani Bandaranayake, was not impeached lawfully and therefore no vacancy existed for the post.

Appointment

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The appointment and removal of judges of the Supreme Court is outlined in Chapter XV Article 107 of theSri Lankan Constitution. It states that "the Chief Justice and every other Judge of the Supreme Court shall be appointed by the President of the Republic by warrant under his hand". Judges of the Supreme Court shall hold office until the age of retirement of sixty-five years. Article 109 describes appointments of an acting chief justice or Judge of the Supreme Court. The president shall appoint another judge of the Supreme Court to act in the office of chief justice when the incumbent is "temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from the country or any other cause" during such period. Each person appointed to or to act as chief justice or a judge of the Supreme Court shall only take office and enter upon its duties after taking the oath or the affirmation set out in the Fourth Schedule of the Constitution.[4]

Oath of office

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"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

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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

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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 thecolony of Ceylon in the absence of thegovernor of Ceylon and thechief secretary of the colony; discharging the duties of Acting Governor of Ceylon. Following Ceylon gaining self-rule in 1948, the chief justice became the first in line as the officer administrating the government in the absence of thegovernor general of Ceylon serving as the acting governor general of Ceylon. This practice continued after the republican constitution was adopted in 1972 and the Dominion of Ceylon became the Republic of Sri Lanka, with the chief justice serving as acting president during the absence of thepresident of Sri Lanka. This capacity ceased with the second amendment to the republican constitution in 1978, when the executive presidency was established and order of succession defined.[7]

Precedence, salary, residence and privileges

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The chief justice is ranked fourth in theorder of precedence after thepresident,prime minister and thespeaker of the Parliament. From 1948 to 1978 the speaker ranked third in the precedence after thegovernor general/president and the prime minister. After the second amendment to the republican constitution in 1978, in which the chief justice was removed from the presidential line of succession; the chief justice gained his current position in the order of precedence.[7]

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 theChief Justice's House inColombo and is entitled to an official vehicle, usually ablackMercedes-Benz S-Class, and security provided from the Judicial Security Division of theSri 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

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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,barrister's bands andmantle and along wig.

List of chief justices

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See also:List of justices of the Supreme Court of Sri Lanka

Since the establishment of the Supreme Court in 1801, the following has served as chief justice:[9][10]

As of 27 July 2025
List of Chief Justices: 1801–present
No.NameAppointed byTermRef.
StartEndLength
Chief Justice of British Ceylon: 1801–1948
1Codrington Edmund CarringtonNorthMarch 1801 (1801-03)2 April 1806 (1806-04-02)5
2Edmund Henry LushingtonMaitland15 April 1807 (1807-04-15)1809 (1809)1–2
3Alexander JohnstonWilson[a]6 November 1811 (1811-11-06)1819 (1819)7–8
4Ambrose Hardinge GiffardBrownrigg8 April 1819 (1819-04-08)2 March 1827 (1827-03-02)7 years, 328 days
5Richard OttleyBarnes1 November 1827 (1827-11-01)1833 (1833)5–6
6Charles MarshallWilmot-Horton18 February 1833 (1833-02-18)3 March 1836 (1836-03-03)3 years, 14 days
7William NorrisWilmot-Horton27 April 1836 (1836-04-27)1837 (1837)0–1
8Anthony OliphantStewart-Mackenzie22 October 1838 (1838-10-22)1854 (1854)15–16
9William Ogle CarrAnderson17 April 1854 (1854-04-17)1856 (1856)1–2
10William Carpenter RoweWard1857 (1857)1859 (1859)1–2
11Edward Shepherd CreasyWard27 March 1860 (1860-03-27)1875 (1875)14–15
12William Hackett[b]Gregory3 February 1877 (1877-02-03)17 May 1877 (1877-05-17)103 days
13John Budd PhearLongden18 October 1877 (1877-10-18)30 September 1879 (1879-09-30)1 year, 347 days
14Richard CayleyLongden1 October 1879 (1879-10-01)1882 (1882)2–3
15Jacobus de WetLongden31 May 1882 (1882-05-31)29 May 1883 (1883-05-29)363 days
16Bruce BurnsideLongden21 May 1883 (1883-05-21)1893 (1893)9–10
17John Winfield BonserHavelock13 November 1893 (1893-11-13)1902 (1902)8–9
18Charles LayardRidgeway26 April 1902 (1902-04-26)18 June 1906 (1906-06-18)4 years, 53 days
19Joseph Turner HutchinsonBlake23 October 1906 (1906-10-23)1 May 1911 (1911-05-01)4 years, 190 days
20Alfred LascellesMcCallum1 May 1911 (1911-05-01)1914 (1914)2–3
21Alexander Wood RentonChalmers22 August 1914 (1914-08-22)1918 (1918)3–4
22Anton BertramStubbs[a]26 July 1918 (1918-07-26)1925 (1925)6–7
23Charles Ernest St. John BranchClementi[a]3 July 1925 (1925-07-03)25 May 1926 (1926-05-25)326 days
24Stanley FisherClifford11 December 1926 (1926-12-11)1930 (1930)3–4
25Philip James MacdonellStanley3 October 1930 (1930-10-03)1936 (1936)5–6
26Sidney AbrahamsStubbs3 July 1936 (1936-07-03)December 1939 (1939-12)3
27John Curtois HowardCaldecott1 December 1939 (1939-12-01)1949 (1949)9–10
Chief Justice of Ceylon: 1948–1972
28Arthur WijewardenaMoore15 January 1949 (1949-01-15)1950 (1950)0–1
29Edward JayetilekeRamsbotham1950 (1950)11 October 1951 (1951-10-11)0–1
30Alan RoseRamsbotham11 October 1951 (1951-10-11)1956 (1956)4–5
31Hema Henry BasnayakeGoonetilleke1 January 1956 (1956-01-01)3 August 1964 (1964-08-03)8 years, 215 days
32Miliani SansoniGopallawa3 August 1964 (1964-08-03)17 November 1966 (1966-11-17)2 years, 106 days
33Hugh Norman Gregory FernandoGopallawa20 November 1966 (1966-11-20)17 November 1973 (1973-11-17)6 years, 362 days
Chief Justice of Sri Lanka: 1972–present
34Gardiye Punchihewage Amaraseela SilvaGopallawa1973 (1973)1974 (1974)0–1
35Victor TennekoonGopallawa1 January 1974 (1974-01-01)8 September 1977 (1977-09-08)3 years, 250 days
36Neville SamarakoonJayewardene1977 (1977)21 October 1984 (1984-10-21)6–7
37Suppiah SharvanandaJayewardene29 October 1984 (1984-10-29)22 February 1988 (1988-02-22)3 years, 116 days
38Parinda RanasingheJayewardene1988 (1988)1991 (1991)2–3
39Herbert ThambiahPremadasa1991 (1991)14 October 1991 (1991-10-14)0
40G. P. S. de SilvaPremadasa1991 (1991)1999 (1999)7–8
41Sarath N. SilvaKumaratunga16 September 1999 (1999-09-16)7 June 2009 (2009-06-07)9 years, 264 days
42Asoka de SilvaRajapaksa8 June 2009 (2009-06-08)17 May 2011 (2011-05-17)1 year, 343 days
43Shirani BandaranayakeRajapaksa18 May 2011 (2011-05-18)13 January 2013 (2013-01-13)1 year, 240 days[c]
Mohan PeirisRajapaksa15 January 2013 (2013-01-15)28 January 2015 (2015-01-28)2 years, 13 days[d]
(43)Shirani BandaranayakeSirisena28 January 2015 (2015-01-28)29 January 2015 (2015-01-29)1 day[d]
44K. SripavanSirisena30 January 2015 (2015-01-30)28 February 2017 (2017-02-28)2 years, 29 days
45Priyasath DepSirisena1 March 2017 (2017-03-01)12 October 2018 (2018-10-12)1 year, 225 days
46Nalin PereraSirisena12 October 2018 (2018-10-12)29 April 2019 (2019-04-29)199 days[11]
47Jayantha JayasuriyaSirisena29 April 2019 (2019-04-29)10 October 2024 (2024-10-10)5 years, 164 days[12]
48Murdu FernandoDissanayake2 December 2024 (2024-12-02)27 July 2025 (2025-07-27)237 days[e][13]
49Padman SurasenaDissanayake27 July 2025 (2025-07-27)Incumbent122 days[14]

Acting chief justices

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Throughout history, particularly during interregnums, there have been instances where provisional or acting chief justices have been appointed. Notable individuals who have served in this capacity include:

As of 28 February 2025
List of acting chief justices
NameAppointed byStart / end / length of serviceRef.
Alexander JohnstonMaitland3 April 1806 – 4 March 1807 (1806-04-03 –1807-03-04)
335 days
William CokeMaitland6 March 1809 – 1811
Charles MarshallWilmot-Horton18 February 1833 – 1836
William RoughWilmot-Horton9 March 1836 – April 1836
April 1837 – 1838
Paul Ivy SterlingWard1859–1860
Richard MorganGregory1875
Charles Henry StewartGregory1875–1876
George Campbell AndersonGregory1876–1877
Lovell Burchett ClarenceLongden1882
Alfred LascellesBlake1906
William Thomas PorterManning1921
Francis SoertszCaldecott
Moore
1939
1945, 1946
C. NagalingamGoonetilleke1954
Eugene Reginald de FonsekaGoonetilleke1960, 1962
Murdu FernandoDissanayake10 October – 2 December 2024 (2024-10-10 –2024-12-02)
53 days
[15]

See also

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Notes

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  1. ^abcThe appointment was made in the capacity of acting governor.
  2. ^Died in office.
  3. ^Shirani Bandaranayake wasimpeached by Parliament on 11 January 2013, with 155 votes in favour and 49 against. She was subsequently removed from office on 13 January 2013 after PresidentMahinda Rajapaksa ratified the impeachment motion.
  4. ^abFollowing theelection of PresidentMaithripala Sirisena, the government declared Mohan Peiris’s appointment as Chief Justicevoidab initio, leading to his removal from office and the reinstatement of Shirani Bandaranayake.
  5. ^Murdu Fernando was appointed as the Acting Chief Justice on 10 October 2024 and served in that position until 2 December 2024.

References

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  1. ^"History of Supreme Court". Supreme Court of Sri Lanka.Archived from the original on 12 September 2013. Retrieved17 November 2013.
  2. ^Crabtree, James (15 January 2013)."Sri Lanka appoints new chief justice".Financial Times. London.
  3. ^Francis, Krishan (15 January 2013)."Sri Lankan leader replaces chief justice with ally".The Guardian/Associated Press.
  4. ^abc"Chapter XV – The Judiciary".Constitution of Sri Lanka. priu.gov.lk. Archived fromthe original on 15 December 2017. Retrieved17 November 2013.
  5. ^"Fourth Schedule".Constitution of Sri Lanka. priu.gov.lk. Archived fromthe original on 3 February 2003. Retrieved17 November 2013.
  6. ^"Chapter XVIIA".Constitution of Sri Lanka. priu.gov.lk. Archived fromthe original on 3 November 2013. Retrieved17 November 2013.
  7. ^ab"The Constitution of the Democratic Socialist Republic of Sri Lanka"(PDF).Archived(PDF) from the original on 26 August 2020. Retrieved12 November 2017.
  8. ^"Pay hikes for Chief Justice, puisne judges and Court of Appeal judges and president".Archived from the original on 22 December 2017. Retrieved12 November 2017.
  9. ^Amerasinghe, A. Ranjit B. (1986).The Supreme Court of Sri Lanka: The First 185 Years. Sarvodaya Book Pub. Services.ISBN 978-955-599-000-4.
  10. ^"Name list of Chief Justices".jsc.gov.lk. 2013. Archived fromthe original on 19 October 2013. Retrieved7 March 2025.
  11. ^Padmasiri, Ranjith (14 October 2018)."Justice Nalin Perera sworn in as 46th Chief Justice".The Sunday Times Sri Lanka.Archived from the original on 27 November 2024. Retrieved2 August 2025.
  12. ^"Jayantha Jayasuriya as Chief Justice".Daily Mirror. 30 April 2019.Archived from the original on 30 November 2022. Retrieved2 August 2025.
  13. ^"Murdu Fernando sworn in as new Chief Justice".Ada Derana. 2 December 2024.Archived from the original on 10 July 2025. Retrieved22 July 2025.
  14. ^"Justice Preethi Padman Surasena Sworn in as 49th Chief Justice of Sri Lanka".Ada Derana. 27 July 2025.Archived from the original on 27 July 2025. Retrieved27 July 2025.
  15. ^"New Acting Chief Justice appointed".Newswire. 10 October 2024. Retrieved18 February 2025.

External links

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