• Chairman flags transport, regulatory hurdles
• 39% of caseload at the beginning of 2024 remains unresolved: Audit 
• Audit records 28 legal officer vacancies 

Sri Lanka’s judicial architecture is a topic that has been hotly debated during the last few months, with its massive caseload, delays, and chokepoints being discussed in multiple forums and in the broader social media landscape. 

However, few speak of the accessibility to justice – which is a challenge for most Sri Lankans, especially those who struggle with poverty. 

In many countries, legal aid services, which work pro bono, provide relief for those who cannot afford to hire a defence lawyer or face challenges in obtaining suitable representation to argue their case before court.

In Sri Lanka, one of the structural issues in access to justice and the pursuit of it through the due process allowed by the Constitution has been the island’s weak resourcing and prioritisation of the domestic legal aid apparatus.

The Legal Aid Commission of Sri Lanka (LAC) is handling around 23,000–25,000 cases through 88 centres islandwide with approximately 135 legal officers, even as the institution continues to face practical constraints in delivering legal services, according to its Chairman Vivekananthan Puvitharan, PC. 

Speaking to The Sunday Morning, Puvitharan said that the commission’s work extended beyond representing litigants, with its officers also conducting legal awareness programmes involving children, elderly persons, and other sections of society. 

The commission handles civil and criminal matters as well as cases before the appellate courts, while courts themselves also refer cases where parties are without legal representation. 

Puvitharan maintained that the legal aid system was functioning effectively despite  constraints. “We have officers who are functioning very effectively. They are dedicated,” he said. 

However, the latest available Auditor General’s report on the commission – covering the year ended 31 December 2024 – reveals the scale of the caseload and a series of staffing, policy, financial, and governance issues confronting the institution during the audited period. The report records a qualified audit opinion.

Nearly 39,000 cases pending at the start of 2024

According to the audit, the commission entered 2024 with 38,905 pending cases. 

Of these, 23,709 cases were concluded during the year, leaving 39% of the cases that had been pending at the beginning of 2024 unresolved as of 31 December 2024. A further 12,362 cases were filed during 2024, although information on how many of these had been concluded had not been submitted by the date of the audit. 

The commission told auditors that the pendency and delays in cases were outside its control and that filing and concluding cases were part of the normal judicial process. The Auditor General nevertheless recommended that action be taken to conclude outstanding cases. 

The figures are particularly significant against the commission’s mandate to provide legal assistance to people who cannot afford private representation. 

Puvitharan said that anyone could walk into an LAC office and obtain free legal advice, while legal officers could seek assistance from senior lawyers and commissioners when required.

Staff shortages flagged by audit

The 2024 audit also recorded substantial staffing shortages. 

Of an approved senior-level cadre of 152 positions, only 120 had been filled, leaving 32 vacancies across five senior-level categories. These included 28 vacant legal officer positions, alongside vacancies in key management posts. 

The commission had informed the audit that requests seeking approval to fill the vacancies had been forwarded to the Prime Minister’s Office through the Ministry of Justice and the Department of Management Services, but approval had not been granted at the time. 

Puvitharan’s current figures indicate that the commission now has approximately 135 legal officers operating across its 88 centres. The Chairman said that workloads varied considerably between centres, with Colombo and some other areas recording larger caseloads, while officers in centres with fewer cases were also engaged in legal awareness and related programmes.

88 centres, 3 vehicles

One of the more immediate difficulties currently confronting the commission, according to Puvitharan, is transport. Despite having 88 centres islandwide, the commission has only three vehicles, all based at its Head Office, leaving branch offices without vehicles of their own. 

Existing financial regulations mean officers generally have to use public transport for official travel, including visits to prisons and other locations. Puvitharan said this was impractical in some instances, particularly when two officers were required to travel carrying case files and other documents. 

He stressed, however, that the problem was not an overall shortage of Government funding. “The funds are sufficient. That is not an issue,” he said, explaining that restrictions under financial regulations were creating practical difficulties in how resources could be used. 

The commission has taken the matter to the Government. Puvitharan said that discussions had been held with the relevant Minister and that a proposal had been submitted seeking Cabinet approval to address the issue.

National Legal Aid Policy still incomplete in 2024

The latest audit also highlights a long-standing policy delay. 

Although Cabinet approval had been obtained in 2016 for a mechanism intended to supervise legal aid activities and ensure that legal assistance was provided systematically and effectively, the National Legal Aid Policy had still not been completed by the end of 2024, according to the audit. 

The commission had explained that multiple stakeholders were involved and that the process was continuing through discussions, while the Auditor General recommended that steps be taken to formulate the policy.

Financial deficit widens

Financially, the audit recorded a Rs. 30.74 million deficit in 2024, compared with a deficit of Rs. 8.8 million in the previous year – a deterioration of approximately Rs. 21.94 million. Expenditure had increased by approximately Rs. 57.99 million, while revenue had risen by around Rs. 36.05 million. 

The audit also raised questions over idle funds and fixed deposits, while identifying shortcomings in procurement practices during the year. 

The commission did not have a procurement committee during the audited period, resulting in procurements being carried out with Board approval based on Technical Committee decisions. The commission told auditors that procurement committees had subsequently been established in 2025.

The audit further found that the commission did not have an approved internal auditor post and had not introduced a citizen/client charter. 

Digitalisation and public awareness

Meanwhile, Puvitharan said that efforts were underway to modernise the commission’s operations. 

The United Nations Development Programme (UNDP) has provided assistance for digitalisation, with the commission having commenced the process of digitising its data and operations. The LAC is also planning to expand public awareness of the availability of legal aid through digital platforms, including YouTube. 

Puvitharan said that the objective was not simply to increase the number of cases coming before the commission but to ensure that more people knew that its services were available. 

For the LAC, the challenge now is to meet a substantial demand for legal assistance while navigating the institutional weaknesses identified in the latest audit and the practical constraints that, according to its current leadership, continue to affect officers on the ground. 

Puvitharan further stated that some existing regulations, although introduced for other purposes, could become obstacles in practice. “Sometimes it will be a hurdle. There are practical issues,” he said, adding that the commission was working to resolve them.