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Hon. Chief Justice Reaffirms Constitutional Foundations of Judicial Authority and Reform

Hon. Chief Justice Reaffirms Constitutional Foundations of Judicial Authority and Reform

29 Dec 2025 | PARTNER CONTENT

Judicial Officers Annual Conference 2025 organised by the Judges Institute together with Judicial Service Association was held on 20th December at Cinnamon Lakeside, Colombo under the distinguished patronage of His Lordship Preethi Padman Soorasena, Hon. Chief Justice of Sri Lanka.


His Lordship Preethi Padman Soorasena, delivered a considered and principled address to District Judges and Magistrates, articulating the constitutional philosophy underpinning judicial authority and outlining the institutional responsibilities attendant upon its exercise.


His Lordship’s address was anchored in a fundamental proposition: that judicial power is neither personal nor institutional property, but an inalienable manifestation of the sovereignty of the people, exercised through courts pursuant to Article 3 of the Constitution. Judges, His Lordship observed, function not as proprietors of power but as its trustees, accountable to the citizenry whose confidence sustains the legitimacy of the judicial process.


Emphasising the discipline inherent in adjudication, His Lordship drew attention to section 3 of the Evidence Ordinance, underscoring that judicial findings must be grounded in the objective assessment of evidence through the lens of the reasonably prudent person, rather than subjective inclination or personal conviction.


Departure from this standard, His Lordship cautioned, transforms adjudication into arbitrariness and erodes the normative authority of judicial decisions.


Judicial independence, His Lordship explained, is constitutionally recognised as an intangible heritage of the people, preserved through successive generations as a safeguard of dignity, equality, and freedom. It is not a privilege vested in individual judges.


Failure to adjudicate impartially and competently, His Lordship warned,

constitutes an indirect expropriation of that heritage from the people themselves.


Addressing the human consequences of judicial action, His Lordship reminded the judiciary that judicial determinations directly affect personal liberty, proprietary rights, and the social and economic stability of families.


Such consequences impose upon judges a heightened obligation of intellectual honesty, ethical restraint, and decisional independence. Judicial office, His Lordship noted, permits no external “tuition” or influence; the burden of decision rests squarely upon the conscience and competence of the individual judge.


On the question of institutional accountability, His Lordship clarified that judicial

independence does not imply insulation from constitutional oversight. The Judicial Service Commission, constituted by senior judges of the Supreme Court, exists as a constitutional mechanism to safeguard public confidence by intervening where judicial conduct undermines the proper exercise of the people’s judicial power.


The Commission itself, His Lordship stressed, must act with the same objectivity and restraint demanded of courts.


Classification: Restricted External


Turning to judicial performance, His Lordship cautioned against equating judicial merit with numerical productivity alone. While compliance with prescribed benchmarks is necessary, the qualitative dimensions of judging—clarity of reasoning, fidelity to law, consistency, and professional standing—remain determinative, particularly in relation to consideration for elevation to higher courts. Appointment to the High Court, Court of Appeal, or Supreme Court, His Lordship observed, is not an automatic progression but

a selective process grounded in demonstrable excellence.


His Lordship further observed that systemic judicial inadequacy poses a greater long- term threat to national stability than natural calamities. While disasters destroy infrastructure that can be restored, a compromised judiciary corrodes institutional integrity, deters development, and frustrates democratic governance.


Conversely, a competent and independent judiciary constitutes a cornerstone of national resilience and international credibility.


A substantial portion of the address was devoted to judicial digital transformation.


Referring to recent flood-related destruction of physical court records—most notably in Kandy—His Lordship highlighted the structural vulnerability of paper-based systems.


His Lordship outlined imminent reforms, including e-filing, digital case management, and nationwide system integration, supported by the Government and international partners.


With infrastructure, funding, and training already in place, successful implementation, His Lordship stressed, depends upon judicial leadership and institutional commitment at court level.


With the advent of digital systems, His Lordship noted, traditional modes of manual reporting and inspection will give way to real-time transparency and accountability, strengthening public confidence and administrative efficiency.


The legal profession, His Lordship observed, stands ready to engage with these reforms, which must not be delayed or diluted.


In concluding, His Lordship reflected on the nature of judicial leadership, observing that leadership is neither conferred by office nor secured by title, but earned through conduct.


Judges, His Lordship urged, must recognise their role not merely as

adjudicators of disputes but as custodians of a constitutional legacy, entrusted with preserving the integrity of the justice system for present and future generations.


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