Jurisdiction 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 Court
Trial at Bar lie direct to the Supreme Court.
Independence Sri Lankan judiciary was considered non-independent by some analysts during the time of President
Mahinda Rajapaksa. It was proved right by the
Impeachment of Shirani Bandaranayake.
Shirani Bandaranayake the former chief justice was impeached by the parliament for rulings against the government, including one against a bill proposed by
Basil Rajapaksa the minister for economic development and the brother of the president
Mahinda Rajapaksa. Bandaranayake was replaced as chief justice by former Attorney General
Mohan 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. After
Maithripala Sirisena was elected as president the appointment of
Mohan 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 and
Kanagasabapathy Sripavan was appointed as the Chief justice
Landmark judgments 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. ==Dress==