TheHigh Court inSri Lanka is the onlycourt which exercises the jurisdiction of thecourt of first instance and theappellate jurisdiction with both civil and criminal jurisdiction.
Article 111 of theConstitution and section 4 of theJudicature Act, No. 2 of 1978 asamended by Act, No. 16 -1989 describes that The High Court must consist of not less than ten and not more than fortyJudges. Article 154P of the Constitution provides for the establishment of theProvincial High Courts to which judges are nominated by theChief Justice from among Judges of the High Court of Sri Lanka[1]
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According to the Article 111 of the Constitution as amended by the 17th Amendment - Judges of the High Court are appointed bythe President on the recommendation of theJudicial Service Commission made after consultation with theAttorney General and removable by the President and are subject to disciplinary control by the President on the recommendation of the Judicial Service Commission.Age of retirement of the Judges of the High Court is 61 years [Section 6(3) of the Judicature Act, No. 2 of 1978].[2]
The High Courts exercise both theCriminal jurisdiction and theCommercial jurisdiction (through Commercial High Courts). It can conduct atrial by jury ortrial atbar and impose any sentence or penalty prescribed bylaw. Under the13th amendment to the constitution it has the appellate and re-visionary jurisdiction by way of the Provincial High Court.[3]
The Provincial High Court has been vested with appellate and re-visionary jurisdiction in respect of orders and judgments of theMagistrates Court,Primary Courts, LabourTribunals,Agrarian Services Commissioners Tribunals within the province.[4]
The High Court ofCivil Appeal has been established with the objective of expediting the civil appeals from District Courts.
High Court cases can be heard in the presence of a Judge of the High Court or a Jury. The High Court takecognizance of cases to be heard on submission ofindictments submitted by the Attorney General.
The Commercial High Court was originally established under the High Court of the Provinces Act of 1996.[5] It has jurisdiction to hear civil actions where the cause of action has arisen out of commercialtransactions in which thedebt,damage ordemand exceeds twentyMillionSri Lankan Rupees (LKR).[6]
Admiralty jurisdiction is exercised by the High Court held at Colombo, having had the jurisdiction transferred to it from the Supreme Court under the provisions of theJudicature Act No.2 of 1978.[7]
In 2018, under theJudicature (Amendment) Act, No. 9 of 2018 previsions were made for the establishment of permanent Special High Courts to hear large-scale financial crimes, bribery and corruption cases. Such courts will be made up of three High Court Judges appointed by the Chief Justice to conduct cases as aTrial-at-Bar.[8] The first Special High Court was established on 21 August 2018 at theHulftsdorf court complex, while the second was established in the same location in September.[9]
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