Introduction to Law and Legal

System in Sri Lanka

 DO YOU KNOW THE LAW
• “A set of rules to regulate behavior of people in a given society at a
given time”.

• “Dos and Do not s as accepted (by whom?)”

• Hobbes - ‘Law is an obligatory rule of conduct. The commands of him

or them that have coercive power”.

• Salmond - ‘Law is the body of principals recognised and applied by

the state in the administration of justice’.

• There could be Legal rules and moral rules.

• Legal rules are called laws and non legal rules are called moral
rules/customs/ethics/values/ethos.

• Legal rules cannot be breached and it is punishable e.g.. Cheating,

robbery, rape, murder etc.

• Non legal rules are not punishable; Drinking alcohol on poya days, not
giving seat in a bus to an elderly, unmarried couple living together,
kissing on a bus
 WHO HAS CREATED LAWS

• Evolved in the society by custom, convention,

religion, beliefs etc.

• Made by a supreme leader(a King) or a body of

people (a parliament).

• In a society, almost all the areas in human

activity are controlled or influenced by law.

• It has become a regulatory device in

controlling the conflicting social interest
 WHY A LAW IS NECESSARY FOR A
SOCIETY
• Man is a weird, irregular, unorthodox, unpredictable
animal.

• Conflicts happen when interacting with each other.

• Imagine a world without law.

• It is exactly the answer.

LAW AND BUSINESS LAW
• What ever it is, law is to cater to the needs
of the society and influence behavior of
people.

• Businesses are also part of the society and

their behavior is also governed or
influenced by law.

• There are so many laws that govern

businesses in any society.
 SRI LANKA AND LAWS
• Sri Lanka is a diversely populated country and it has been home for many
communities for along period of time.

• Sinhala, Tamil, Muslim are the dominant ethnic groups.

• Buddhism, Hinduism, Islam and Christianity are the dominant religions.

• Further some geographical areas are dominated by certain communities

whilst other areas have mixed communities.
 SRI LANKA AND LAWS
• The local laws were influenced by this
multiethnic and multi religious
characteristics.

• Therefore the local laws kandyan, Thesawalamai,

Islamic laws have evolved based on such
characteristics.

• Our motherland has been invaded and conquered

by Portuguese, Dutch and British.

• Their laws and legal systems also have been

introduced to our country in a substantial manner.
 SRI LANKA AND LAWS
• Therefore, the laws and legal systems can be broadly divided into two periods

- Laws before the foreign invasion

- Laws after foreign invasion
SINHALA LAW (NOW KANDYAN LAW)

• There had been a comprehensive legal system in Sri

Lanka.
• If not the country would not have developed and
governed in the past.
• It would have been influenced by the laws and
customs of indigenous people by the time the early
settlers who migrated to Sri Lanka from Indian and
the customs and laws that they brought in to Sri
Lanka by then.
• Now it is applicable as a personal law for people who
get designated as Kandyans for the purposes of
personal laws such as marriage, property rights etc.
 THESAWALAMAI LAW

• It was in operation in the North Kingdom by

the time portuguese came to SL.

• The sources of this law traces to customs and

laws used by dravidians in Malabar Coast and
Coromendel Coast. It is still applicable in areas
like Jaffna.

• The meaning of Thesawalamai is

something like “Law of the Land” So it is
applicable for people live in a specific area.
 MUSLIM LAW
• Although Muslim did not have a separate Kingdom,
the settlers of Muslims had their own laws applicable
to them.

• But there is no hard evidence to show that Sinhalese

Tribunals administered Muslim Law separately
in their legal system.

• Portuguese and Dutch recognised it as a separate law.

• Still its is applicable as a personal law for Muslims

especially in marriages, divorces etc.
 THE INFLUENCE OF WESTERN LAWS
AND LEGAL SYSTEMS TO SRI LANKA
• Maritime provinces were acquired by Portuguese in 1505.

• By that time well establish legal system was in operation.

They agreed to uphold the system.

• But they could not comprehend the system and the

substance of the local laws.

• When they administered, with or without their knowledge

their own systems, thinking creped into the system.
 DUTCH INFLUENCE 1656 TO 1796
• The laws that they were having by that time in their own country was Dutch
law influenced by the Roman laws. Therefore it was called Roman Dutch
Law.

• They applied their laws to Dutch settlers, their servants, locals who lived in
their Forts and those who practiced Christianity.

• The Roman Dutch was a comprehensive law and when they thought that
locals laws were unsuitable or silent, they used their Roman Dutch Law for
locals too.

• Therefore it became a residual law.

• Both the Roman Dutch and Portuguese Laws were not applied to
Kandyans as such areas were never controlled by them.

• They establish an elaborate court system in SL

 THE BRITISH INFLUENCE 1796 TO
1948
• 1796 Maritime provinces surrendered to
the British and formally ceded in 1802
and the Kandyan kingdom was also
captured by the British in 1815.

• However, British continued to apply local

laws and Roman and Dutch law subject
to changes done if any by introducing
statutes of their own.
THE BRITISH INFLUENCE 1796 TO
1948
• The introduction of English Law and the
judicial system greatly changed the laws and
legal system of SL.

• Currently the general law applicable to SL are

English Laws, Roman dotch law and the
statutory law (Ex, Road Traffic Regulation Act
1984) created by our own parliaments much
of them based on those ideas.
 THE BRITISH INFLUENCE 1796 TO
1948
• Property laws are still influenced by Roman Dutch law
and Commercial and Criminal Laws and procedures
are mainly influenced by English Laws. In contract Law,
English law of Delicts alone with Roman Dutch law are
applicable.

• Kandyan law is applicable only to Kandyan Sinhalese,

Thesawalamai is applicable to Tamils living in Jaffna
and Muslim law for all the Muslims living in SL.

• These special laws are restricted to their personal laws

such as marriage, divorce, inheritance and land
matters.
Not knowing the law is not an excuse to comit an
offence…

CLASSIFICATION OF LAWS
 3 ELEMENTS OF DEMOCRACY
• The Legislature – Making the Law
• The Executive - Execute/ enforce the Law
• Judiciary – Interpret the Law
 CRIMINAL LAW
• Punishment by imprisonment, penalty or death
- Sate will prosecute.
- Alleged person named as accused
- Courts are different, procedure different.
- Proof beyond reasonable doubt
e.g.. Robbery, hurt, rape, death, fraud etc.

• The offence should be stated as an offence punishable in

a written law such as the Penal Code, Criminal Procedure
Code, Exchange control Act, Customs Ordinance etc.

• Criminal Courts such as Magistrates Court (First instance)

and High Court will hear cases and Procedure is
enumerated in Acts such as Criminal Procedure Code.
 CIVIL LAW
• Damages or other relief, person sustained damage or breach has to institute
legal proceedings, called plaintiff and the other party is called the
defendant.

• They are designed to protect private rights and state will not prosecute. Proof,
balance of probabilities.

• Civil courts will hear the cases and procedure is indicated in the Civil
procedure Code
 SOURCES OF LAW
• Statutes
• Customs
• Parliamentary Acts
• Case Law
• Roman Dutch Law
• English Law
 JUDICIAL HIERARCHY

Supreme Court

Appeal Court

High Court/
District Court
Provincial High Court

Agrarian Services
Primary Court Labour Tribunal Commissioners Magistrate Courts
Tribunals
JUDICIAL HIERARCHY
JUDICIAL HIERARCHY
 SUPREME COURT
• The constitution of SL provides specific provisions as
to the powers, duties, jurisdiction and the procedure
of the Supreme Court, and of the Court of Appeal.

• The enshrining of the provisions of SC and CA in the

Constitution of SL as regards the highest courts in Sri
Lanka and are to guarantee the independence of
the judiciary and also to safeguard the tenure of
judges of the highest courts.

• Supreme Court is the Highest Court in SL and it has

the final appellate jurisdiction, matters relating
constitutional affairs, Fundamental rights,
Consultative jurisdiction, Election Petitions, hear any
breach of parliamentary privileges, any matter that
parliament may refer ( refer Article 1118 t 136 of SL
Constitution)
 APPEAL COURT
• Next highest Court created by the constitution.
The appeal court has the jurisdiction for
correction of any error in fact or law committed
by any court of first instance, tribunal or other
judicial institution.

• It has power to affirm, reverse, correct or modify

any order, judgment or decree or sentence given
by above institutions

• It also has power to grant injunctions and writs

etc. ( refer article 137 to 147 of SL Constitution)
 COURTS OF FIRST INSTANCES
• The High Court
• Provincial High Court
• Commercial High Court
• District Court
• Magistrates Court
• Primary Court
 THE HIGH COURT
• High Court has two judicial powers now. High Courts
exercising criminal jurisdiction as well as Commercial
jurisdictions.

• High Court has the power to conduct trails on original

criminal jurisdiction.

• High Court can conduct a trial by jury, without jury or

trial at bar.

• High court can impose any sentence or penalty

prescribed by law.

• Under the 13th amendment to the SL Constitution, it has

the appellate and revisionary jurisdiction by way of
Provincial High Court.
 PROVINCIAL HIGH COURT
• Provincial High Court has been vested
with appellate and revisionary
jurisdiction in respect of orders and
judgments of the Magistrates Court,
Primary Courts, labour Tribunals,
Agrarian Services Commissioners
Tribunals within the province.
COMMERCIAL HIGH COURT
• Commercial High Court was
established under the High Court
of the Provinces act of 1996.

• It has jurisdiction to hear civil

actions where the cause of action
has arisen out of commercial
transactions in which the debt,
damage or demand exceeds Rs.
One Million.
 DISTRICT COURT
• District Courts are empowered with
unlimited original civil jurisdiction. This court
deals in money, revenue, trust, insolvency,
commercial matters, family matters such as
divorce, adoption, custody of children etc.

• If aggrieved by a decision of DC, an appeal

could be made to the Court of Appeal.
 MAGISTRATES COURT (MC)
(CRIMINAL JURISDICTION)
• This court exercises basic criminal summary jurisdiction and inquires into commission of offences.

• Summary jurisdiction is applied where the Magistrate could read charges against an accused
and asked whether he or she is guilty or not guilty. If pleads guilty, verdict of guilt will be recorded
and punishment will be imposed.

• If doesn’t plead guilty, a trial will be fixed and witnesses will be called and cross examined and a
decision will be made.

• Magistrate Courts has power to imprison or impose penalties as prescribed by law.

• When alleged offence seems not be a one trailable summarily by MC, the Magistrate will make a
Preliminary Inquiry to find out whether there is enough evidence to forward it to High Court. The
charge will be read but accused will not be asked to plead guilty or not. Witnesses are produced
and cross examined to find out the sufficiency of evidence to proceed to High Court.

• Aggrieved by the decisions of an MC, an appeal could be made to Provincial High.Court of the
relevant province.
 PRIMARY COURT
(CIVIL JURISDICTION)
• The judicature Act provides for primary court
adjudication where the debt, damage, demand or
claim does not exceed Rs. 1500.00.

• Further Primary Court has very important jurisdictions

such as: Actions for the enforcement of local
authority by-laws and recovery of revenue due to
such authority.

• Land disputes which are likely to cause breach of

the peace. It could decide who is in the possession
of the land but it does not decide on the ownership
of the land which is a matter for District Court to
decide.
 ALTERNATE DISPUTE SETTLEMENTS
• There are many steps taken by the judicial System to sort out problems out of the
main stream court system.

• The intention was to make things easy and settle disputes early. Reduce the work
load of courts etc.
 MEDIATION BOARDS
• The mediation Boards Act of 1995 and
subsequent amendments govern this
mediation aspects.

• The Minister has power to set up Mediation

Boards and set the areas that will come
under such mediation boards.

• Commercial mediations are reality now in

SL.
 ARBITRATION
• Arbitration is also another form of
dispute resolution.

• Arbitration Act of 1995 and

subsequent amendments govern the
procedure.
 TRIBUNALS
• Labour Tribunal - Established under
Industrial Disputes Act No. 62 of 1957
provides provisions for the employees
to institute action against employers
and to handle labour disputes and
termination of employment.

• Agricultural Tribunals - Established

under the Agrarian Services Act of
1979 enables settling disputes as to
cultivation and related matters.
 Thanks
Read Judicature Act, Constitution of Sri Lanka, Books
on Legal System about Sri Lanka for further details.

You may visit website of Ministry of Justice as well

to get current information.
Importance and Necessity of Labour Laws (1) Improves
industrial relation i.e. employee-employer relations and
minimizes industrial disputes. (2) Prospects workers form
exploitation by the employers or management (3) Helps
workers in getting fair wages (4) Minimizes labour unrest
(5) Reduces conflicts and strikes etc. (6) Ensures job
security for workers (7) Promotes welcome environment
conditions in the industrial system (8) Fixes rest pauses
and work hours etc. (9) Provides compensation to
workers, who are victims of accidents