යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXVI

 CHAPTER XXVI

 

JUDICIAL SERVICE COMMISSION (JSC)

 

217.       (1) There shall be a Judicial Service Commission (in this Chapter referred to as the “Commission”) consisting of the immediately retired Chief Justice (ex-CJ) to whom subparagraph 184(2)(b) does not apply, the incumbent Chief Justice, the two most senior Judges of Supreme Court, President of the Court of Appeal appointed by President subject to the provisions of Article 185.

(2) The ex-Chief Justice shall be the Chairman of the Commission.

(3) The immediately retired Chief Justice shall cease to be a member of the Commission when the incumbent Chief Justice retires, and the immediately retired Chief Justice shall be appointed as Member.

(4) If the immediately retired Chief Justice dies or intends to leave the Commission or removed from the Commission according to the provisions of the Constitution, the incumbent Chief Justice shall become the Chairman of the Commission for such period, and another retired Judge of the Supreme Court shall be, subject to Article 185, temporarily appointed as a member of the Commission for such duration.

218.       The quorum for any meeting of the Commission shall be three members of the Commission.

 

219.       Provisions of Articles 186, 187, 188, 190, 193, 194, 202, 203, and paragraph (2) and (6) of Article 184, paragraph (5) of Article 195 shall apply, mutatis mutandis, to this Commission.

 

220.       (1) Judicial Service Commission is hereby vested with the Powers, functions, duties, and responsibilities to:

(a) appoint, promote, transfer, and exercise disciplinary control and dismissal of Judges of Provincial Court, Magistrate Court, and Primary Court;

(b) appoint, promote, transfer, exercise disciplinary control and dismissal of judicial officers and scheduled public officers;

(c) admit and exercise disciplinary control of Attorney-at-law;

(d) prepare procedures to be followed in courts;

(e) make rules regarding training and recruitment of Judges, judicial officers and scheduled officers;

(f) make provisions for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the Commission;

(g) ensure the security and safety of Judges, judicial officers, scheduled officers, records of courts, and secured items in care of courts.

(2) The Chairman of the Commission or any Judge of Supreme Court or Judge of Court of Appeal as the case may be, authorized by the Commission shall have power and authority to inspect any Court of First Instance, or the records, registers and other documents maintained in such Court, or hold such inquiry as may be necessary.

(3) The Commission may by Order published in the Gazette delegate to the Secretary to the Commission the power to make transfers in respect of scheduled public officers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

 

221.       Any judicial officer or scheduled public officer may resign his office by writing under his hand addressed to the Chairman of the Commission.

 

222.       No suit or proceeding shall lie against the Chairman, Member or Secretary or Officer of the Commission for any lawful act which in good faith is done in the performance of his duties or functions as such Chairman, Member, Secretary or Officer of the Commission.

 

223.       (1) There shall be an Administrative Appeals Tribunal appointed by the Judicial Service Commission.

(2) The Administrative Appeals Tribunal shall have the power to alter, vary or rescind any order or decision made by a Commission which applies to itself the provisions of this Article.

(3) The powers and procedure of such Tribunal, including the time limits for the preferring of appeals, shall be provided for by law.

 

224.       (1) In this Chapter:

“Appointment” includes the appointment to act in any office referred to in this Chapter.

“Judicial officer” means any person who holds office as judge, presiding officer or member of any Court of First Instance, tribunal or institution created and established for the administration of Justice or for the adjudication of any labor or other dispute, but does not include a Judge of Supreme Court or of Court of Appeal or of High Court or a person who performs arbitral functions or a public officer whose principal duty is not the performance of functions of a judicial nature; and

“Scheduled public officer” means the Registrar of Supreme Court, the Registrar of Court of Appeal, the Registrars of High Courts or any other Court of First Instance, Deputy Registrars or Assistant Registrars of courts, Fiscal, Deputy Fiscals, Assistant Fiscals, any public officer employed in the Registry of Supreme Court, Court of Appeal or High Court or any Court of First Instance included in a category of Clerk, Interpreter, Typist, Stenographer, Binder, Computer Operator, or such other categories as may be specified by Order made by the Minister in charge of the subject of Justice and approved by Parliament and published in the Gazette.

(2) No court, tribunal or institution shall have jurisdiction to entertain or to determine the question whether or not a person is a judicial officer within the meaning of the Constitution, but such question shall be determined solely by the Commission, whose decision thereon shall be final and conclusive.

(3) No act of such person or proceeding held before such person, prior to such determination as is referred to in paragraph (2), shall be deemed to be invalid by reason of such determination