Sri Lanka being a multiracial and multilingual country the legal systems reflect the customs

of the various communities which go to form Sri Lankan Society. As in other ancient legal
systems the conventions, customs, sanctions and the main concepts of law though not
concretely formulated, have over the passage of years been established, especially with
judicial pronouncements made from time to time.

The personal laws that govern the various sections of our community are, Kandyan Law,
Thesawalamai and Muslim Law. Kandyan Law applies as a personal law to Kandyan
Sinhalese. Likewise Muslim Law applies to Muslims as their personal law. Thesawalamai is,
essentially, a customary law which is both territorial and personal in character. The former
characteristic of this law manifests itself by the fact that it is applicable to all lands situated in
the Northern Province (whether such land is owned by a Sinhalese, Tamil, Muslim or
Burgher).

Persons subject to any of these three personal laws are governed in other respects by the
Roman Dutch Law, which is the Common Law of the country. However the impact on the
Common Law System derived from the English Law has had a much greater influence on the
Laws of Sri Lanka than the Roman tradition. The Roman Dutch Law remains the residuary or
the common law of Sri Lanka. Criminal Law and Procedure in Sri Lanka is governed by the
Penal Code and the Criminal Procedure Code. Civil cases are governed by the Civil
Procedure Code, which shows the influence of Indian, English and American rules of
procedure.

Structure of the Courts

The hierarchy of Courts of first instance in Sri Lanka is set out in Section 2 of the
Judicature Act No. 2 of 1978. Primary Courts, Magistrate's Courts, District Courts and
High Courts are Courts of first instance. High Courts exercise appellate and review
jurisdiction in some matters. The Court of Appeal and the Supreme Court are the
Appellate Courts.
Primary Courts and Magistrate's Courts

The Primary Court is the lowest Court of first instance. It has limited powers to impose
a sentence of imprisonment and of fines. This Court has limited jurisdiction both in
relation to civil and criminal disputes. The monetary jurisdiction of a Primary Court
does not exceed one thousand five hundred rupees. The Magistrate of the area acts also
as a Primary Court Judge. Magistrate's Courts exercise original jurisdiction in criminal
cases subject to limitations on their powers to impose punishments. There is a right of
appeal and revision from a Magistrate's Court to the High Court in the first instance and
thereafter to the Court of Appeal or the Supreme Court in the second instance. A
Magistrate's Court can impose a sentence of imprisonment for a period not exceeding
eighteen months and impose a fine not exceeding one thousand five hundred rupees;
Several offences under various statutes are also triable by the Magistrate's Courts.
DISTRICT COURTS
A District Court has unlimited civil jurisdiction in all civil, revenue, trust, insolvency
and testamentary matters. The jurisdiction of the District Courts in relation to family
matters was removed and Family Courts were established to deal with such matters.
With the enactment of the Judicature (Amendment) Act No.71 of 1981, the District
Courts are deemed to be the Family Courts. There is a right of appeal and revision from
orders and judgments of District Courts to the Court of Appeal and an appeal thereafter,
with leave obtained, to the Supreme Court.

HIGH COURTS
The High Court of Sri Lanka established under the Constitution has power and
authority to hear, try and determine all prosecutions on indictment. It has criminal and
admiralty jurisdiction and also jurisdiction in regard to offences committed aboard
aircraft and within the territorial air space. A High Court trial can be either by the High
Court Judge alone or with a jury.
It also can hold a Trial-At-Bar where three Judges nominated by the Chief Justice sit in
judgment. A party aggrieved by a decision of the High Court can appeal to the Court of
Appeal and the Appeal is heard by a Bench of not less than two judges. The High Court is
empowered to pass death sentence, life imprisonment and impose fines and give other redress
as laid down.

COMMERCIAL HIGH COURT

The High Court for the Western Province is vested with exclusive jurisdiction in
respect of some specified commercial matters in terms of the High Court of the
Provinces (Special Provisions) Act, No. 10 of 1996 and it was ceremonially opened by
the Minister of Justice and Constitutional Affairs on 11th October 1996. This Court
however will not have jurisdiction in respect of actions instituted under the Debt
Recovery (Special Provisions) Act No.2 of 1990.

The new court will have jurisdiction In respect of the aforementioned matters where the
defendant/defendants resides/reside or the cause of action has arisen or the contract
sought to be enforced was made or the registered office of the Company is situated
within the Western Province. The appeals against the orders and judgments of this Court
can be made directly to the Supreme Court.
COURT OF APPEAL
The Court of Appeal established by Chapter XV of the Constitution is constituted of
not less than six and not more than eleven judges. It has appellate jurisdiction for the
correction of all errors of fact or law which shall be committed by any Court of first
instance and also revisionary powers and powers relating to restitutio in integrum. There
is a right of appeal from this Court to the Supreme Court (subject to the provisions in
Article 128 of the Constitution) with leave had and obtained.

SUPREME COURT
The Supreme Court is the highest and final appellate court of the Republic of Sri
Lanka consisting of the Chief Justice and not less than six and not more than ten other
judges. It has jurisdiction in respect of Bills and interpretation of the Constitution; final
appellate matters; fundamental rights; sole jurisdiction in relation to Presidential
Election Petitions, validity of referendums and breach of privileges of Parliament; and
 consultative jurisdiction on matters referred to it by His Excellency the President. Both
the Supreme Court and the Court of Appeal have the power to punish for contempt of
such Court and the power to punish for contempt of any other court, tribunal or
institution.

ADMINISTRATIVE TRIBUNALS

Apart from this hierarchy of the Courts as set out above there are a number of
Administrative Tribunals such as the Rent Board of Review, Rent Boards, Ceiling on
Housing Property Board of Review, Land Acquisition Board of Review, Quazis and
Boards of Quazis, Agricultural Tribunals, Court Martials, Labour Tribunals, which
perform functions of a quasi-judicial nature. Their decisions are capable of revision by
the Appellate Courts by way of Writs or appeals as provided by the various enactment's
by which each of these Tribunals have been established.