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Country’s two apex courts urgently need more judges, says newly appointed SC judge Kodagoda
The relevant competent authorities should give serious and responsive consideration to the compelling need to significantly increase the cadre of judges of the two apex courts, newly appointed Supreme Court Justice Yasantha Kodagoda, PC stated.
Justice Yasantha Kodagoda, PC
Speaking during the ceremonial welcome accorded to him by the Bar at the Supreme Court on Friday (28), Justice Kodagoda pointed out that it is necessary to consider whether Sri Lanka has a sufficient number of judges to administer justice expeditiously. This is vital, because, insufficiency of judges can only result in delays in the administration of justice, he stressed.
He noted that globally, the unit of measurement is the number of judges in a particular country per one million population of that country. The US has 107 judges per 1 million population. Canada has 75, England 51 and neighbouring India has 20 per 1 million population. Researchers and jurists in India have commented that the Indian ratio is ‘dismal’, and needs to be increased to at least 50 judges per 1 million population in order to ensure the functioning of an efficient justice system, he observed.
“ Including the 15 new magistrates who will be reporting for work today, Sri Lanka has a total of 336 Judges and magistrates. This includes the justices of the two apex courts. Therefore, in Sri Lanka, the number of Judges per 1 million population is presently 15. I assume that the population to judges ratio of Sri Lanka speaks for itself, and does not require any elaboration by me on its causal relationship with the existing delays in the administration of justice.”
Justice Kodagoda noted that the cadre of Judges of the Supreme Court and the Court of Appeal had been determined way back in 1978, at a time when Sri Lanka’s population was 14.5 million. “The cadre of judges of these two courts has remained static, notwithstanding the population of our country increasing to nearly 21.5 million. This situation is compounded by the increase in the workload of these two apex courts. The forefathers of the 2nd republican constitution are unlikely to have assumed that the fundamental rights jurisdiction of the Supreme Court would annually attract approximately 500 fresh applications, and that the Supreme Court would be called upon to exercise jurisdiction over approximately 500 applications from judgments of the high courts of the provinces functioning as Civil Appellate High Courts. This is in addition to the routine workload of the Supreme Court. The workload of the Court of Appeal is equally heavy. In 2019, the Court of Appeal received a total of approximately 1500 fresh appeals and applications including 525 writ applications.”
“The prevailing situation relating to the cadre of judges of the two apex courts should in my view be considered from another perspective as well. Of the 79 judges of the High Court presently serving the republic, unless elevated to the Court of Appeal, 14 judges are to retire within the coming three years. That is due to their reaching the age of retirement of 61 years. A total of 36 judges of the High Court are to retire by 2025. That would be 50% of the present number of judges of the High Court. These are all judicial officers who have approximately 25 years of judicial experience, and who have served the country with utmost dedication. That the apex courts of our country would not receive the benefit of their judicial skills and experience, in my view is most unfortunate. The position of very senior officers of the Attorney General’s Department is also similar. Unless they are also accommodated on the benches of the apex Courts, legal advisors cum Counsel for the State and Public Prosecutors with approximately 30 years of yeoman public service behind them, with eminence in skills of advocacy and advanced knowledge relating to complex areas of the law, would have to cease to serve the State and retire at 60 years of age. That they will thereafter be compelled to lend their professional services to private clients, is also in my view most unfortunate.”
For these reasons, he contended that there is a compelling need to assess and determine afresh the cadre of judges of all Courts of Sri Lanka.
“Should the number of Judges of all Courts including the apex Courts be increased along with necessarily a proportionate increase in the cadres of non-judicial staff of courts, and the allocation of necessary logistical resources to the justice sector, undoubtedly the efficiency and the productivity of the administration of the justice system would increase in a tangible manner. This would result in the expeditious passage of cases through the courts system,” he asserted.
Regarding material resources for the justice sector, Justice Kodagoda observed that an examination of provisions and schedules of the Appropriation Acts of the last decade illustrates a startling revelation. “During the period 2010 to 2019, the allocation of public funds by the State to the entire justice sector has never exceeded 1% of the total annual expenditure of the State. This 1% or less has been for both capital and recurrent expenditure of the entire justice sector. This is the nature of the financial investment by the State to the justice sector. I assume you would form your own views regarding the sufficiency of that amount of money to run an efficient justice system.”
“I would respectfully say that the scarcity of necessary financial resources exemplifies the standard of our courthouses, conditions of chambers and quarters of judges, virtual absence of computerised automation and application of technological tools, and the paucity of other necessary human and material resources that should be available to the justice sector. Unless there is a significant increase in the allocation of funds from the consolidated fund to run the third organ of the State namely the justice sector, I would think improving the system and making it efficient, would be a virtual impossibility.”
Justice Kodagoda also thanked his late parents for giving him the necessary guidence and also his wife Shiromi and daughters Tharaka and Yasara for their constant encouragement. He also paid tribute to his alma mater Ananda College, Sri Lanka Law College and the Attorney General’s Department for the roles these institutions played in shaping his character.
Attorney General Dappula de Livera, PC stressed that the backlog of cases is the biggest challenge facing Justice Kodagoda as he takes up his new post in the Supreme Court.
“Some radical measures need to be taken to remedy the situation and prevent delays and work towards a efficacious system of justice. More emphasis needs to be laid on the comprehensive and concise written submissions filed and argument time narrowed down and limited to clarification of issues,” he insisted.
“This issue has to be addressed urgently quickly, methodically and efficiently and holistically. Speedy justice ought to be delivered without compromising the quality of justice.”
“The wide and extensive experience Your Lordship has gathered as a Counsel and Legal Advisor at the Attorney General’s Department for nearly long 30 years and as the President of the Court of Appeal will no doubt enable Your Lordship to shoulder Your Lordship’s new role and responsibilities with confidence and ease and play a pivotal role as a Judge of the Supreme Court to serve the aspirations of the people in delivering speedy quality justice and upholding the rule of law in this country,” he opined.
Bar Association of Sri Lanka (BASL) President Kalinga Indatissa stated that the Court to which Justice Kodagoda has been appointed is the most prestigious Court of the land.
“This Court exercises jurisdiction over a wide array of subjects conferred upon it by the Supreme Law of this country, the Constitution, and other legislation. It is the final Court of Appeal and in that context functions as the last forum where the people can move to protect and defend their rights. As the Bar has always expressed “Public Confidence” is of paramount importance for every judicial system. The Bar has the highest confidence that your Lordship’s appointment as a Judge of this honourable court would add strength to this entire court. Your Lordship’s wide experience, in a number of areas of the law, as reflected by your Lordship’s record would add to the quality of judicial pronouncements flowing from this Court,” he noted, wishing the new Justice good luck on behalf of the Bar.