History of the District Court Kalmunai

The History of the District Court Kalmunai

The District Courts are an integral part of the judiciary of the Democratic Socialist Republic of Sri Lanka. They function as courts of first instance with primary civil jurisdiction. The District Courts in Sri Lanka have a long history and play a key role in the first instance judiciary.

Pre-1889 Colonial Period: Under British rule, justice was administered through "District Courts" and "Police Courts". This system was based on Roman-Dutch law.

Kalmunai Court Room

Courts Ordinance No. 1 of 1889

  • This was a major reform in the judiciary and formally established District Courts as courts of first instance for civil cases.
  • Under this Ordinance, District Courts were established in each administrative district. They became courts of original civil jurisdiction and replaced the older Provincial Courts.
  • They had jurisdiction over civil matters above Rs. 300 and also had limited criminal jurisdiction. This is considered the birth of the modern District Court system.

Post-Independence Period - 1948 & 1973 Reforms

  • Post-Independence Period - 1948: After independence in 1948, the 1889 Ordinance continued to be in force. The District Courts remained the main forum for civil disputes at the district level.
  • Administration of Justice Law No. 44 of 1973: Following the 1972 Republican Constitution, the Administration of Justice Law No. 44 of 1973 restructured the court system. District Courts continued, and new courts such as Magistrate Courts and Primary Courts were also created.

Current Legal Framework - 1978

The present District Courts are established under the provisions of Article 105(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka. The Judicature Act, No. 2 of 1978 defines the powers, jurisdiction, and administration of District Courts. Under Sections 18 to 25 of the Judicature Act, District Courts have:

  • Unlimited Civil Jurisdiction: Land disputes, contract, damages, family law, and testamentary matters.
  • Criminal Jurisdiction: As prescribed by law.
  • Appellate Jurisdiction: To hear appeals from Primary Courts and Magistrate Courts.

Under the Judicature Act, for the purpose of the administration of justice, Sri Lanka shall be divided into judicial zones, judicial districts and judicial divisions within such territorial limits as may, in consultation with the Chief Justice and the President of the Court of Appeal, from time to time be determined by the Minister by Order published in the Gazette.

Present Position & Kalmunai District Court

  • Present Position: Today, a District Court functions in every judicial district of Sri Lanka. The District Court is presided over by a District Judge appointed by the Judicial Service Commission.
  • Kalmunai District Court: The Kalmunai District Court is one such court currently operating within the Kalmunai Court Complex located on Yard Street, approximately 350 meters from the main road.
  • The foundation stone for this building complex to house the combined District Court, Magistrate Court and the Primary Court of Kalmunai was ceremonially laid on 13th October 1979.