The slow process of justice in Sri Lanka has left many dissatisfied. It has also caused some to seek different channels of justice, or to not seek justice at all.

The scale of the situation was made evident last year, when the Ministry of Justice (MOJ) stated that according to their records from 2023, the case backlog – with the largest number of pending cases – had been in Magistrates’ Courts, which is 805,502. District Courts had 259,763 cases to be solved while the Criminal High Courts had 26,542 pending cases. In total, at the end of 2023, there had been a backlog of 1,122,113 cases whereas at the end of 2015, there had been 713,527 pending cases. In 2024, the MOJ moved to increase the number of judges and courts as one solution to clear the heavy backlog of cases currently languishing in the country’s courts system. 

In 2021 a ministerial committee recommended that the number of judges and courts be increased to address the backlog of cases, finding that there had only been 15 judges per one million of the population. This ratio had increased to 19 judges per million of the population in 2023. In contrast, in developed countries, this ratio is about 50 judges per million people. By end 2023, Sri Lanka only had 416 judges in total – 17 in the Supreme Court; 20 in the Court of Appeal; 92 in the Civil Appellate High Courts, Commercial High Courts, Special High Courts, and Criminal High Courts; 259 in the District Courts, District/Magistrates’ Courts, Magistrates’ Courts, Circuit Magistrates’ Courts, and Children’s Magistrates’ Courts; and 33 in the Labour Tribunals. Another solution the MOJ was looking at is the strengthening alternative dispute resolution mechanisms; mediation boards and debt conciliation boards. A total of 246,726 disputes had been reported to mediation boards in 2023, of which 69% had been settled.

However, increasing the number of judges can only go so far to clear the backlog. Sri Lanka had long identified that the judicial process in courts needed to be modernised to improve efficiency along with updating the aging Legislature. Studies conducted in 2017 with the assistance of the Information and Communication Technology Agency (ICTA) in Sri Lanka, enabled the Ministry of Justice to embark on a court automation and digitalisation project. In 2020, the Ministry of Justice planned a major overhaul of the justice system, including rapid digitalisation of some processes and court practices. By early 2022 the plan envisaged the digitalisation of the judicial system would be commenced at 42 courts and then would be expanded towards the other courts under four phases. However, the Covid pandemic and economic crisis hindered its full roll out. Sri Lanka has been trying to push forward with court digitalisation ever since. It is also seen as a way to reduce malpractice, corruption and bribery within the Judiciary mechanism.

Newly appointed Chief Justice (CJ), Preethi Padman Surasena this week stated that the digitalisation of court proceedings will be expedited in order to accelerate the hearing of cases and provide an efficient service to the public through the judicial system. These statements were made during the ceremonial sitting to welcome the new CJ that took place at the Supreme Court complex yesterday (31 July). CJ Surasena also stated that all necessary measures will be taken to enhance the judicial process in a manner that strengthens public trust.

Given the current enthusiasm and political will to digitalise the State sector, and to streamline public services with automation, use of AI and digitisation, serious attention should be given to improving the court processes and using the same tool kit. If necessary digital security and safety systems are also included into the digitalisation drive, the justice system of Sri Lanka would greatly benefit from the process.