HISTORY OF THE ESTABLISHMENT OF COMMERCIAL HIGH COURT OF COLOMBO
King George III
Royal Charter of Justice of 1801
Established the Supreme Courts of the Island of Sri Lanka
HISTORY OF THE ESTABLISHMENT OF COMMERCIAL HIGH COURT OF COLOMBO
The roots of the Commercial High Court can be traced back to the establishment of the High Court in Sri Lanka. Originally instituted as a Zonal Court with exclusive criminal jurisdiction under the Administration of Justice Law, No. 44 of 1973, it superseded the original criminal jurisdiction of the Supreme Court, which the Courts Ordinance established. The constitutional framework at the time, specifically Articles 105(1)(c) and 111(1) of the 1978 Constitution, designated the High Court of the Republic of Sri Lanka as the highest Court of First Instance exercising criminal jurisdiction.
The Judicature Act, No. 2 of 1978, was pivotal in operationalizing the exercise of criminal jurisdiction within specific judicial zones. The appointment of Judges to the High Court by the President, as outlined in Article 111(2) of the Constitution, led to the introduction of the term "Judge of the High Court" under Section 4 of the Judicature Act. Furthermore, Section 17 of the Act granted the Chief Justice the authority to nominate and assign High Court Judges to specific zones.
The landscape of the High Court underwent a significant transformation with the Eleventh Amendment to the Constitution in 1987. This amendment omitted the description of the High Court as the "highest court of First Instance exercising criminal jurisdiction" and, instead, conferred broader powers. Article 111(1) of the Constitution was revised to state, "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 Eleventh Amendment ushered in a new era, Article 105(1)(c) describing the "High Court of the Republic of Sri Lanka" as one of the courts of First Instance remained unchanged. This shift paved the way for the High Court to wield both original and appellate jurisdiction.
The subsequent Thirteenth Amendment in 1987 introduced Article 154P, establishing a High Court for each Province. This constitutional amendment was a significant development, distributing judicial authority across the provinces. Article 154P(2) empowered the Chief Justice to nominate judges from the High Court of Sri Lanka to serve in each Provincial High Court. These Provincial High Courts were granted extensive jurisdiction, encompassing original criminal jurisdiction, appellate jurisdiction, and writ jurisdiction. The legal landscape was further shaped by additional legislation such as the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990, which expanded their appellate jurisdiction, including amendments to the Workmen's Compensation Ordinance.
The turning point for the Commercial High Court, as we recognize it today, occurred with the enactment of the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996. This legislation marked a significant departure by empowering Provincial High Courts to exercise jurisdiction over specific civil matters. The Act, through Section 2(1), designated the High Court of the Western Province for this purpose. Moreover, Section 2(2)(a) specified that the High Court of the Western Province sitting at Colombo would be the focal point for such jurisdiction.
For administrative convenience, one of the Judges of the High Court of the Western Province sitting at Colombo was specially designated for this purpose. This led to the establishment of a separate Registry to facilitate the effective handling of cases related to commercial transactions. These administrative arrangements, aimed at streamlining the adjudication process, resulted in the colloquial term "Commercial Court."
It is crucial to note that the addition of "Commercial" to the court's name was not intended to imply a specialized jurisdiction beyond civil matters arising from commercial transactions. Instead, it was a pragmatic approach to denote the administrative arrangements made for the expeditious resolution of commercial disputes. The appendage "Commercial" was intended merely as a reference to the specific administrative context and not as an indication of a distinct legal framework.
