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Judicial independence not a privilege vested in individual judges: CJ
View(s):By Ranjith Padmasiri
Judicial independence 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, Chief Justice Preethi Padman Surasena stressed.
He warned that failure to adjudicate impartially and competently, constitutes an indirect expropriation of that heritage from the people themselves.
Justice Surasena made these remarks in his keynote address at the commencement of the two-day annual conference of the Sri Lanka Judicial Services Association (JSA), comprising Magistrates and District Judges serving throughout the island.
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, the CJ stressed. Judges, he 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, Chief Justice Surasena 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, he cautioned, transforms adjudication into arbitrariness and erodes the normative authority of judicial decisions.
With the advent of digital systems, he 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, he observed, stands ready to engage with these reforms, which must not be delayed or diluted.
In concluding, he reflected on the nature of judicial leadership, observing that leadership is neither conferred by office nor secured by title, but earned through conduct. Judges, the CJ 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.
JSA Chairman Mount Lavinia Magistrate Pasan Amarasena and Secretary, Nugegoda Additional District Judge Suranga Munasinghe, also spoke.
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