යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XVIII

 CHAPTER XVIII

 

JUDICIARY

 

143.       (1) Subject to the provisions of this Constitution, the institutions for the administration of justice which protect, vindicate, and enforce the rights of the People shall be:

 

(a)    The Supreme Court of the Republic of Sri Lanka;

 

(b)   The Court of Appeal of the Republic of Sri Lanka;

(c)    The High Court of the Republic of Sri Lanka;

(d)   The Provincial Court of the Republic of Sri Lanka;

(e)   The Magistrate Court of the Republic of Sri Lanka;

(f)     The Primary Court of the Republic of Sri Lanka; and

Such other courts of first instance, tribunals or such institutions as Parliament or State Assembly may from time to time ordain and establish.

(2) Supreme Court, Court of Appeal, High Court shall each be a court of record, and shall have the power to punish for contempt of itself, whether committed in the court itself or elsewhere, with imprisonment for not more than three months.

(3) The power of Court of Appeal shall include the power to punish for contempt of court of any other court, tribunal, or institution referred to in paragraph (1) of this Article, whether committed in the presence of such court or elsewhere.

144.       (1) The sittings of every court, tribunal or other institution, established under the Constitution or ordained and established by Parliament or State Assembly shall subject to the provisions of the Constitution be held in public, and all persons shall be entitled freely to attend such sittings.

 

(2) A judge or presiding officer of any such court, tribunal or other institution may, in his discretion, whenever he considers it desirable:

(a) in proceedings relating to family relations;

(b) in proceedings relating to sexual matters;

(c) in the interests of national security or public safety; or

(d) in the interests of order and security within the precincts of such court, tribunal or other Institution;

exclude therefrom such persons as are not directly interested in the proceedings therein.

145.       (1) The Chief Justice, the President of Court of Appeal and every other judge of Supreme Court and Court of Appeal, and Chairmen and other Judges of High Courts shall be appointed by President subject to the provisions of paragraph 185(1), by warrant under his hand.

 

(2) Every other judge to Provincial Courts, Magistrate Courts, and Primary Courts shall be appointed by Judicial Commission as per the provisions of subparagraph 220(1)(a).

(3) Every person appointed to be a Judge shall not enter upon the duties of his office until he takes and subscribes to before President the Oath set out in the Fourth Schedule.

(2) Every Judge shall hold office during good behavior until the age of sixty three and shall not be removed except by an order of President made after an address of State Assembly supported by a majority of the total number of Members of State Assembly (including those not present) has been presented to President for such removal on the ground of proved misbehavior or incapacity:

Provided that no resolution for the presentation of such an address shall be entertained by Speaker or placed on the Order Paper of State Assembly, unless notice of such resolution is signed by not less than one-third of the total number of Members of State Assembly and sets out full particulars of the alleged misbehavior or incapacity.

 

(3) No judge to Supreme Court or to Court of Appeal shall be made from the Attorney Commission.

(4) Judges in all courts shall be promoted based on the seniority and track record of performance of such judge maintained by Judicial Service Commission.

(5) The provisions of Article 62 of this Constitution shall apply, mutatis mutandis, to all Judges.

146.       (1) If Chief Justice or President of the Court of Appeal or a Chairman of a High Court is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause President shall, subject to the provisions of paragraph 185(1), appoint another Judge of the Supreme Court, or of the Court of Appeal, or of a High Court as the case may be, to act in the office of Chief Justice, or President of the Court of Appeal, or a Chairman of a High Court respectively, during such period.

 

(2) If any Judge of Supreme Court or of Court of Appeal, or of a High Court is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, President may, subject to the provisions of paragraph 185(1), appoint another Judge to act as a Judge of the Supreme Court or Court of Appeal, or as per the provisions of subparagraph 220(1)(a) a Judge of a High Court, as the case may be, during such period.

147.       (1) A Judge of Supreme Court or Court of Appeal may be required by President of the Republic to perform or discharge any other appropriate duties or functions under any written law.

 

(2) No Judge shall perform 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.

(3) No person who has held office as a permanent Judge may appear, plead, act or practise in any court, tribunal or institution as Attorney- at-law without the written consent of the President until five years elapse since the date of retirement or resignation.

148.       There shall be a Fiscal, who shall be the Fiscal for the whole Island and who shall exercise supervision and control over Deputy Fiscals, and Assistant Fiscals attached to all Courts of First Instance.

149.       (1) Every judge, officer, public officer or other person entrusted by law with judicial powers or functions or with functions under this Chapter or with similar functions under any law enacted by Parliament or State Assembly shall exercise and perform such powers and functions without being subject to any direction or other interference proceeding from any other person except a superior court, tribunal, institution or other person entitled under law to direct or supervise such judge, presiding officer, public officer or such other person in the exercise or performance of such powers or functions.

 

(2) Every person who, without legal authority, interferes or attempts to interfere with the exercise or performance of the judicial powers or functions of any judge, presiding officer,  public officer or such other person as is referred to in paragraph (1) of this Article, shall be guilty of an offence punishable by High Court on conviction after trial without a jury with imprisonment of either description for a term which may extend to a period of one year or with fine or with both such imprisonment and fine and may, in addition, be disqualified for a period not exceeding seven years from the date of such conviction from holding any public office and from being employed as a public officer.