History of the High Court

Kurunegala High Court

The High Court in Sri Lanka was established as a Zonal Court with exclusive criminal jurisdiction under the Administration of Justice Law, No. 44 of 1973.

Article 105(1) (c) of the 1978 Constitution for the first time recognizes the High Court of the Republic of Sri Lanka as an institution which protects, vindicates and enforces the rights of people. Further, Article 111(1) of the Constitution articulates that the High Court of the Republic of Sri Lanka is the highest Court of First Instance exercising criminal jurisdiction. The Judges of the High Court shall be appointed by the President of the Republic by warrant under his hand and be removable and be subject to disciplinary control by the President on the recommendation of the Judicial Service Commission, as articulated in Article 111(2) of the 1978 Constitution.

Court Room

* Constitutional Framework and Expansion of the Jurisdiction

The Judicature Act, No. 2 of 1978 further provided for the establishment and constitution of a system of courts of first instance including High Courts.

The Eleventh Amendment to the Constitution in 1987 repealed Article 111(1) of the Constitution to substitute the following: “There shall be a High Court of Sri Lanka, which shall exercise such jurisdiction and powers as Parliament may by law vest or ordain." While the description stated in Article 105(1) (c) that the “High Court of the Republic of Sri Lanka" as one of the courts of First Instance remained unchanged. This amendment upgraded the High Court to a new dimension, allowing it to exercise both original and appellate jurisdiction.

Article 154P of the Thirteenth Amendment to the Constitution established a High Court for each Province which shall be designated as the Provincial High Court of the relevant province. Provincial High Courts are a specialized form of decentralization within Sri Lanka's judicial system. The primary objective of this constitutional amendment was to devolve appellate, revisionary and writ jurisdiction from the centralized Court of Appeal to the provinces, making administration of justice more accessible and efficient for the citizen across the country. These Provincial High Courts were granted extensive jurisdiction, encompassing both original criminal jurisdiction and appellate, revisionary and writ jurisdiction.

The legal landscape was further shaped with the introduction of the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990, which expanded their appellate jurisdiction.

* Special Historic Reference to the Kurunagala Courts

Kurunagala has been designated as a major administrative and judicial hub for the North-Western Province. The Royal Court: - King Buvanakabahu II (1293 - 1302 AD) and Subsequent rulers made Kurunegala the capital of the island. During this era, the king’s Raja Sabha (Royal Assembly Hall) served as the Supreme Court where the monarch dispensed justice based on the indigenous legal system and laws.

Following the Kandyan Convention of 1815, the British gradually dismantled the traditional judicial system and introduced English common Law and codified Roman Dutch Law.

01st Court House (the old Court) in Kurunegala was constructed in the year 1828, featuring classic British colonial architecture, located near the iconic Kurunegala clock tower.

The present courthouse was constructed and opened in September 1937. This building houses the High court, two District Courts, two Magistrate’s Courts, respective offices, the Law library and the Lawyer’s Common Room.

* The Bar

The history of the Bar Association of Kurunagala dates back to 1975 and is one of the most distinguished regional bar associations in Sri Lanka, with a membership exceeding 600 Attorneys-at-Law, and is the 3rd largest bar association in the country.