History of the Courts

HISTORY OF THE HOMAGAMA HIGH COURT

The Judicature Act No. 02 of 1978 has played a crucial role in enabling the exercise of criminal jurisdiction in the Constitution of Sri Lanka.

The appointment of High Court Judges by the President of Sri Lanka, as provided for in Article 111 (2) of the Constitution, led to the introduction of the term "High Court Judge" under Section 4 of the Judicature Act. Furthermore, Section 17 of the said Act empowers the Chief Justice to nominate and assign High Court Judges to specific areas.

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Constitutional Foundation

Judicature Act No. 02 of 1978

Enabled the exercise of criminal jurisdiction and the appointment of High Court Judges in Sri Lanka.

1987 – Eleventh Amendment

With the Eleventh Amendment to the Constitution in 1987, there was a significant change in the nature of the High Court. This amendment removed the designation of the High Court as the "court of first instance" and instead gave it broader powers. Article 111(1) of the Constitution was amended to state that "there shall be a High Court of Sri Lanka, which shall exercise such jurisdiction and powers as may be conferred or prescribed by Parliament by law." Although the Eleventh Amendment ushered in a new era, Article 105(1) (c) remained unchanged, describing "the High Court of the Republic of Sri Lanka" as one of the "courts of first instance of the Republic of Sri Lanka." This change paved the way for the High Court to exercise both original jurisdiction and appellate jurisdiction.

1987 – Thirteenth Amendment

The Thirteenth Amendment to the Constitution in 1987 introduced Article 154P, which established a High Court for each province. This constitutional amendment was an important step in the decentralization of judicial powers to the provincial level. Article 154P(2) empowered the Chief Justice to nominate judges of the High Court of Sri Lanka to serve in each Provincial High Court. These Provincial High Courts were endowed with a wide range of judicial powers-namely, original criminal jurisdiction, appellate jurisdiction, and writ jurisdiction. The legal structure was further shaped by supplementary legislation such as the Provincial High Courts (Special Provisions) Act No. 19 of 1990, which expanded the appellate jurisdiction of the Provincial High Courts.

2017 – Establishment of Judicial Zones

As per the Extraordinary Gazette of the Democratic Socialist Republic of Sri Lanka No. 2021 / 29 (2017.05.31), an order was issued under Section 03 of the Judicature Act No. 02 of 1978 regarding the jurisdictions, and accordingly, Judicial Zones 33 to 34 of Sri Lanka were established. Accordingly, the Homagama High Court has also been gazetted as a Judicial District.

2011 to 2017 – New Court Complex

On 24 August 2011, approval was given for the construction of a new court complex in Homagama. It is a four-floor building, and the Homagama High Court was established on the second floor. The Homagama Court Complex was opened on 04 January 2017. It is stated that on 03 July 2017, Hon. High Court Judge Amal Thilakaratne was appointed as the first judge of the Homagama High Court.

Present Operations

The Homagama High Court continues to operate as an important Western Provincial High Court that hears serious criminal cases.