Supreme Court of Sri Lanka: Composition, Appointments, and Tenure
The Supreme Court of Sri Lanka serves as the highest judicial authority in the nation, operating under the framework established by the Constitution. Its structure and governance are designed to ensure judicial stability and accountability, balancing the powers of the executive and legislative branches with the independence of the judiciary.
Composition and Court Size
According to Article 119 of the Constitution of Sri Lanka, the Supreme Court is composed of the Chief Justice and a group of associate judges. The court's size is flexible, requiring no fewer than six and no more than sixteen other judges.
The current capacity of the court was established on October 29, 2020, following the Twentieth Amendment to the Constitution. Prior to this amendment, the court was smaller, consisting of the Chief Justice and a maximum of ten other judges.
[ไม่มีภาพประกอบ]Appointment and Confirmation Process
The President of Sri Lanka holds the primary responsibility for the appointment and removal of all Supreme Court judges. However, this power is not unilateral; judges are appointed with the advice and consent of the Constitutional Council, a body designed to provide oversight on high-level appointments.
Historically, the Constitutional Council's role in advising the President on judicial appointments was established via the 17th Amendment, spanning from October 3, 2001, until 2011. There is a specific exception to this process: if an appointment is for a duration of less than fourteen days, the consent of the Constitutional Council is not required.
To ensure the quality and suitability of candidates, the Constitutional Council may seek the professional views of the Chief Justice and the Attorney General during the appointment process.
Tenure and Judicial Conduct
Judges are appointed to hold office during "good behaviour," meaning they may serve until they reach the mandatory retirement age of 65 years. To maintain impartiality and prevent conflicts of interest, Justices are prohibited from holding any other office or accepting any place of profit or emolument unless authorized by the Constitution, written law, or the written consent of the President.
The Removal Process
Removing a Supreme Court judge is a rigorous process requiring legislative action. A judge cannot be removed except by an order from the President, which must follow an address to Parliament supported by a majority of its members. Removal is only permissible on the grounds of proven incapacity or misbehaviour.
The process for initiating such a removal is strictly regulated:
- A resolution must be signed by at least one-third of the total number of Members of Parliament.
- The notice must include full particulars of the alleged incapacity or misbehaviour.
- The resolution is then placed on the Order Paper of Parliament by the Speaker.
Parliamentary Standing Orders or law govern the specific procedures for investigation, proof of allegations, and the right of the judge to be heard in person or through a representative.
Criminal Liability and Removal
While the standard procedure for removal is through Parliament, judges are not immune to criminal law. If a judge is convicted of a criminal offence, they may face a jail sentence. A landmark instance of this occurred in 2015 with the indictment of Justice Sarath de Abrew, marking the first time a sitting Supreme Court judge was indicted on a criminal offence.
Key Facts
- Court Size: Chief Justice plus 6 to 16 other judges.
- Retirement Age: 65 years.
- Appointment Authority: The President, with advice and consent from the Constitutional Council.
- Removal Grounds: Proven misbehaviour or incapacity.
- Removal Requirement: Presidential order following a majority vote in Parliament.
| Feature | Details |
|---|---|
| Constitutional Basis | Article 119 of the Constitution of Sri Lanka |
| Maximum Judge Count | 17 (Chief Justice + 16 judges) |
| Minimum Judge Count | 7 (Chief Justice + 6 judges) |
| Appointment Body | President and Constitutional Council |
| Removal Authority | Parliament and the President |
Frequently Asked Questions
How many judges serve on the Supreme Court of Sri Lanka?
The court consists of the Chief Justice and between six and sixteen other judges.
Who appoints the judges of the Supreme Court?
The President of Sri Lanka appoints the judges, acting with the advice and consent of the Constitutional Council.
At what age must a Supreme Court judge retire?
Judges are required to retire at the age of 65.
Can a Supreme Court judge hold other jobs while in office?
No, they cannot hold any other office or accept payment from other sources unless it is authorized by the Constitution, written law, or the written consent of the President.
What is the process for removing a judge from the bench?
A judge can be removed by a Presidential order after Parliament passes a resolution supported by a majority of its members, based on proven misbehaviour or incapacity.
Can a sitting judge be prosecuted for a crime?
Yes. While removal from office is a parliamentary process, a judge convicted of a criminal offence may face a jail sentence, as seen in the 2015 case of Justice Sarath de Abrew.