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Supreme Court of Sri Lanka

Coordinates:6°56′08″N79°51′40″E / 6.93542°N 79.86102°E /6.93542; 79.86102
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Highest court of jurisdiction in Sri Lanka

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Supreme Court of Sri Lanka
ශ්‍රී ලංකා ශ්‍රේෂ්ඨාධිකරණය
இலங்கை உயர் நீதிமன்றம்
Seal of the Supreme Court
Map
Interactive map of Supreme Court of Sri Lanka
6°56′08″N79°51′40″E / 6.93542°N 79.86102°E /6.93542; 79.86102
Established1801
LocationHultsdorp,Colombo
Coordinates6°56′08″N79°51′40″E / 6.93542°N 79.86102°E /6.93542; 79.86102
Motto"Inspire public trust and confidence"
Composition methodPresidential nomination withConstitutional Councilconfirmation
Authorised bySri Lankan Constitution
Judge term lengthUntil the age of 65 years
Number of positions17
Websitesupremecourt.lk
Chief Justice of Sri Lanka
CurrentlyPadman Surasena
Since27 July 2025

TheSupreme Court of Sri Lanka (Sinhala:ශ්‍රී ලංකා ශ්‍රේෂ්ඨාධිකරණය,romanized: Śrī Laṅkā Śreṣthādikaranaya;Tamil:இலங்கை உயர் நீதிமன்றம்,romanized: Ilaṇkai uyar nītimaṉṟam) is thehighest court inSri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of theConstitution of Sri Lanka, the Supreme Court hasultimateappellate jurisdiction in constitutional matters and takes precedence over all lower courts. TheSri Lankan judicial system is a complex blend ofcommon law andcivil law. In some cases, such as those involvingcapital punishment, the decision may be passed on to thePresident of Sri Lanka for clemency petitions.[1] The currentChief Justice of Sri Lanka isPadman Surasena.[2]

History

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The Supreme Court of Sri Lanka was created on 18 April 1801 with the "Royal Charter of Justice of 1801 of King George the 3rd establishing the Supreme Courts of the Island of Ceylon" by the British, who controlled most of the island at the time, excluding the inland territory of Kandy. This creation was repealed in 1833 and replaced by a new Charter covering the whole of the island.[3] In 1948, the country gained its independence as theDominion of Ceylon and adopted a newConstitution in 1972 after becoming a republic.

Until 1971, there was a right of appeal from the Supreme Court of Ceylon to theJudicial Committee of the Privy Council inLondon, which was terminated under the terms of theCourt of Appeal Act No. 44 1971[1]

A fire occurred at the building it was housed in on 15 December 2020 that was later doused by firefighters.[4]

Composition

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Size of the court

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The Supreme Court consists of the chief justice and not fewer than six and not more than sixteen other judges, as stipulated in Article 119 of theConstitution of Sri Lanka.[5] The court was expanded to its current size on 29 October 2020 through the Twentieth Amendment to the Constitution. Previously, it comprised the chief justice and a maximum of ten other judges.[6][7][8]

Appointment and confirmation

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ThePresident of Sri Lanka is responsible for the appointment and removal of all the judges of the Supreme Court. The Supreme Court judges are appointed with theadvice and consent of theConstitutional Council. From 3 October 2001 until 2011, with the 17th Amendment, the Constitutional Council had the task of advising the President on the appointment of judges.[9] If the appointment is for a period less than fourteen days, this requirement will not apply. The Justices are not allowed to hold any other office without the consent of the Constitution or the President.

In the discharge of its functions relating to the appointment of judges of the Courts, the Council may obtain the views of the Chief Justice and of the Attorney General.[9]

Tenure

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Judges who hold office during good behaviour can serve until the retirement age for judges fixed at 65 years, as per the Constitution. They cannot be removed except by an order of the President made after an address to theParliament and the support of the majority of its members. The order has to be presented to the President for removal on the ground of proven misbehaviour or incapacity.

A resolution for the presentation of the order of the President can be obtained by theSpeaker or be placed on the Order Paper of Parliament only if notice of the resolution is signed by no less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity. Parliament is required to provide for all matters relating to the presentation of the address, including the procedure for the passing of the resolution, the investigation and proof of the alleged misbehaviour or incapacity, and the right of the judge to appear and to be heard in person or by a representative, by law or by Standing Orders of Parliament.

A judge is not permitted to perform or hold any other office, whether paid or not or accept any place of profit or emolument, except as authorized by the Constitution or by written law or with the written consent of the President.[9]

Removal

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A judge of the Supreme Court can only be removed by Parliament, however, if convicted of a criminal offence the judge may face a jail sentence. The 2015 indictment of JusticeSarath de Abrew was the first sitting Supreme Court judge being indicted on a criminal offence.[10][11]

Justices of the Supreme Court

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See also:Chief Justice of Sri Lanka,List of justices of the Supreme Court of Sri Lanka, andList of justices of the Supreme Court of Sri Lanka by court composition

As of 12 February 2026, the most recent justices to join the court is Gihan Kulatunga, whose tenure commenced on 10 December 2025.

As of 10 December 2025
  Chief justice of Sri Lanka
Current Justices of the Supreme Court[12]
No.JusticeAppointed byStart date /
length of service
Current statusRef.
Padman Surasena Sirisena9 January 2019 – 27 July 2025 (2019-01-09 –2025-07-27)
6 years, 199 days
[13][2]
1S. Thurairaja Sirisena9 January 2019
7 years, 34 days
Puisne justice[13]
2Yasantha KodagodaG. Rajapaksa3 February 2020
6 years, 9 days
Puisne justice[14]
3Dilip NawazG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
4Kumudini WickremasingheG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
5Shiran GooneratneG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
6Janak de SilvaG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
7Achala WengappuliG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
8Mahinda SamayawardhenaG. Rajapaksa1 December 2020
5 years, 73 days
Puisne justice[15]
9Arjuna ObeyesekereG. Rajapaksa14 June 2021
4 years, 243 days
Puisne justice[16]
10Priyantha Fernando Wickremesinghe6 February 2023
3 years, 6 days
Puisne justice[17]
11Sobhitha Rajakaruna Dissanayake12 January 2025
1 year, 31 days
Puisne justice[18]
12Menaka Wijesundara Dissanayake12 January 2025
1 year, 31 days
Puisne justice[18]
13Sampath B. Abeykoon Dissanayake12 January 2025
1 year, 31 days
Puisne justice[18]
14Sampath Wijeratne Dissanayake12 January 2025
1 year, 31 days
Puisne justice[18]
15Gihan Kulatunga Dissanayake10 December 2025
64 days
Puisne justice[19]
16VacantPuisne justice

Facilities

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The Supreme Court Complex

The Supreme Court of Sri Lanka is housed in theHulftsdorp court complex.

Supreme Court Complex Fire

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On 15 December 2020 at 4:45 pm a fire started in the waste material storage area on the ground floor of the Supreme Court Complex. Several fire trucks were dispatched to douse the fire. The incident prompted a police investigation. The fire only destroyed defective material, according to Police Media. No one was injured and there was no damage to any other building in the Supreme Court area.[20]

Procedure

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Jurisdiction

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Article 118 of the Constitution - the Supreme Court is the highest and final superior court of record and is empowered to exercise original advisory and appellate judicial functions. It is also the final Court of Record and the Court of Appeal of Sri Lanka. The Supreme Court has the following powers, subject to the provisions of the Constitution:

  • Jurisdiction in respect of Constitutional matters (Articles 120 to 125)
  • Jurisdiction for the protection of fundamental rights (Article 126)
  • Final appellate jurisdiction (Article 127, 128)
  • Consultative jurisdiction (Article 129)
  • Jurisdiction in petitions relating to the election of President; petitions relating to the validity of a referendum; appeals from Orders/judgments of the Court of Appeal in other election petitions – Article 130 (as amended by the 14th Amendment)
  • Jurisdiction in respect of any breach of the privileges of Parliament (Article 132);
  • Jurisdiction in respect of other matters which Parliament may by law vest or ordain

Appeals from judgments, sentences and orders pronounced at a High CourtTrial at Bar lie direct to the Supreme Court.

Independence

[edit]

Sri Lankan judiciary was considered non-independent by some analysts during the time of PresidentMahinda Rajapaksa. It was proved right by theImpeachment of Shirani Bandaranayake.[21]Shirani Bandaranayake the former chief justice was impeached by the parliament for rulings against the government, including one against a bill proposed byBasil Rajapaksa the minister for economic development and the brother of the presidentMahinda Rajapaksa.[22] Bandaranayake was replaced as chief justice by former Attorney GeneralMohan Peiris. Peiris is considered to be an ally of former president Rajapaksa and his appointment is seen by critics as further consolidation of power by the president and his family. Bandaranayake had refused to recognise the impeachment and lawyers groups had refused to work with the new chief justice. Bandaranayake's controversial impeachment has drawn much criticism and concern from within and outside of Sri Lanka.

AfterMaithripala Sirisena was elected as president the appointment ofMohan Peiris was considered null and void in law because Bandaranayake's sacking by the previous Government had no legal validity. Shirani Bandaranayake resumed office carrying a bouquet of flowers and being greeted by lawyers. After that, she lawfully retired andKanagasabapathy Sripavan was appointed as the Chief justice[23][24][25]

Landmark judgments

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In one of the landmark judgements, the Supreme Court ruled that powers over land would continue to remain vested in the Central Government, and not the provincial councils.

The verdict assumes significance in the wake of the government's apparent reluctance to devolve land and police powers — stated in the 13th Amendment that followed the Indo-Lanka Accord of 1987 — to its provinces. It practically killed the 13th amendment.[26]

Dress

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Justice Manicavasagar in long wig and court dress

Supreme Court judges wear scarlet gowns when attending court. On special ceremonial occasions (such as ceremonial sittings of the Supreme Court) they would wear a scarlet gown,barrister's bands andmantle and a long wig.

See also

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Notes

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References

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  1. ^"Courts and cases Sri Lanka". The World Law Guide.Archived from the original on 14 July 2011. Retrieved23 June 2011.
  2. ^ab"Justice Preethi Padman Surasena Sworn in as 49th Chief Justice of Sri Lanka".www.adaderana.lk. 27 July 2025.Archived from the original on 27 July 2025. Retrieved27 July 2025.
  3. ^"Chapter X".Transition To British Administration 1796-1805. Lakdiva Books.Archived from the original on 4 June 2011. Retrieved23 June 2011.
  4. ^"Fire at Supreme Court".www.dailymirror.lk. Retrieved15 December 2020.
  5. ^"The Constitution of the D. S. R. of Sri Lanka (as amended up to 31 October 2022) – Revised edition 2023"(PDF).www.parliament.lk. 31 October 2022.Archived(PDF) from the original on 10 May 2025. Retrieved15 June 2025.
  6. ^"Parliament of the D. S. R. of Sri Lanka: Twentieth Amendment to the Constitution"(PDF).www.parliament.lk. 29 October 2020.Archived(PDF) from the original on 12 September 2024. Retrieved15 June 2025.
  7. ^Padmasiri, Ranjith; Rubatheesan, S. (1 November 2020)."SC bench to be expanded from 11 to 17; CA 12 to 19".www.sundaytimes.lk.Archived from the original on 1 November 2020. Retrieved15 June 2025.
  8. ^Perera, Kamal Suneth (5 October 2024)."Are the Apex Court Judges retiring too early?".www.dailymirror.lk.Archived from the original on 24 May 2025. Retrieved16 June 2025.
  9. ^abc"The Supreme Court of Sri Lanka".Appointment and removal of Judges. Ministry of Justice. Archived fromthe original on 18 November 2011. Retrieved23 June 2011.
  10. ^"Justice Sarath De Abrew Indicted For Sexual Assault". Hiru News.Archived from the original on 24 November 2015. Retrieved12 January 2016.
  11. ^"Supreme Court Justice Sarath de Abrew to be indicted by AG, papers due to be issued today". sundaytimes.lk. Archived fromthe original on 22 December 2015. Retrieved12 January 2016.
  12. ^"Supreme Court of Sri Lanka – Judges of the Court".supremecourt.lk. 2025. Retrieved9 July 2025.
  13. ^ab"Three new Supreme Court justices sworn in".www.adaderana.lk. 9 January 2019.Archived from the original on 4 December 2024. Retrieved18 February 2025.
  14. ^"Yasantha Kodagoda sworn in as SC Judge, Dilip Nawaz as President of Appeal Court".www.adaderana.lk. 3 February 2020. Retrieved18 February 2025.
  15. ^abcdef"President appoints new judges to the Supreme Court & Court of Appeal".english.newsfirst.lk. 1 December 2020.Archived from the original on 3 March 2025. Retrieved18 February 2025.
  16. ^"Justice Arjuna Obeysekera sworn in as Supreme Court Judge".www.dailymirror.lk. 15 June 2021. Retrieved18 February 2025.
  17. ^"President Court of Appeal, Justice Fernando takes oaths as SC judge".Times Online. 6 February 2023. Retrieved18 February 2025.
  18. ^abcd"Four new Supreme Court Justices sworn in".www.adaderana.lk. 12 January 2025.Archived from the original on 12 January 2025. Retrieved18 February 2025.
  19. ^"Gihan Kulatunga sworn in as Supreme Court Judge".Ada Derana. 10 December 2025.Archived from the original on 10 December 2025. Retrieved10 December 2025.
  20. ^"Ashes denote that fire was…".www.dailymirror.lk.Archived from the original on 26 January 2021. Retrieved17 December 2020.
  21. ^"Sri Lanka Chief Justice Shirani Bandaranayake is impeached".BBC. 11 January 2013.Archived from the original on 18 November 2018. Retrieved20 June 2018.
  22. ^"Impeaching a chief justice, Sri Lankan style".The Hindu. 14 December 2012.Archived from the original on 25 November 2016. Retrieved16 October 2013.
  23. ^"Shirani Bandaranayake Resumed Office as Chief Justice: Appointing Mohan Peiris instead was null and void in law | Asian Tribune".www.asiantribune.com.Archived from the original on 29 June 2015. Retrieved17 May 2015.
  24. ^"Chief Justice Bandaranayake resigns today". Archived fromthe original on 11 May 2020. Retrieved17 May 2015.
  25. ^"Justice Sripavan appointed CJ 44 | The Sunday Times Sri Lanka".www.sundaytimes.lk.Archived from the original on 17 February 2015. Retrieved17 May 2015.
  26. ^Sreenivasan, Meera (28 September 2013)."Land powers to remain with Centre, rules Sri Lankan court".The Hindu.Archived from the original on 30 November 2019. Retrieved16 October 2013.

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