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Justice Kodagoda blames workload for law’s delay; calls for stronger system capacity
View(s):By Ranjith Padmasiri
The delay in the administration of justice is the “slow poison of our entire system of justice” and a key reason for the gradual deterioration of the public’s faith in the country’s justice system, said Supreme Court Justice Yasantha Kodagoda.
He made these remarks during his address at the 52nd Convocation of the Bar Association of Sri Lanka (BASL) on May 10.
In his address, Justice Kodagoda emphasised that he does not think that those who practise in courts are necessarily responsible for the delay. More often than not, lawyers are ready and prepared to argue their cases or present evidence. It is often the courts that do not have adequate time to take up all the cases on the list or are confronted with obstacles, most of which are beyond the control of courts as well, he observed.
“In my view, the problem lies primarily in the sheer unbearable volume of work that all of us have to handle and the limited infrastructure-related and human-resource capacity of the system of justice,” he said.
The problem of the system being clogged with cases has developed over several decades. Therefore, solutions cannot be found and implemented overnight, and redressing the problem will take time, Justice Kodagoda noted. “We must increase the capacity of the court system to handle the present and also the predictable future volume of work.”
He expressed confidence that if everyone, the bench, the bar, policymakers, court administrators and other service providers of the system of justice rally around each other, appreciate the seriousness of the problem, adopt a cooperative approach, and are genuinely committed towards a resolution of the prevailing situation, “we can move forward, identify and implement solutions, and thereby make our system of justice efficient.”
He urged everyone to cooperate fully towards the successful implementation of reforms that are compatible with the norms of justice and are progressive, sustainable, and aimed at converting our justice delivery system into an efficient, robust, expeditious and fair system.
Delivering his lecture on the “Role of the Independent Bar in Protecting the Constitution and the Citizens”, former Chief Justice of India, B.R. Gavai, praised the role played by the BASL over the past five decades. “What is remarkable about the Bar Association of Sri Lanka is that it has managed to preserve both dignity and relevance at the same time. Many institutions inherit prestige from history. Very few continue to earn public trust through their conduct in the present. The Bar Association of Sri Lanka has done precisely that.”
Much is often said about the necessity of an independent judiciary for the functioning of a democracy, Justice Gavai observed. “That proposition is, of course, undeniable. Courts are the ultimate interpreters of the Constitution. But an independent judiciary does not operate in isolation. Its independence is both sustained and tested through the functioning of an independent Bar,” he emphasised.
Over the years, many perspectives have emerged as to what the BASL should be, the association’s president, Rajeeve Amarasuriya, said in his address. “Some view it principally as a welfare body. Others as a professional association. Others as an independent civil society institution and guardian of democratic values. In my respectful view, these are not competing identities. They are complementary dimensions of a single mandate.”
Mr Amarasuriya added that the BASL does not belong to any one individual, office-bearer, group or generation. It belongs to the entirety of its membership. And beyond that, it forms part of the democratic fabric of this country itself. He called upon all present to continue this journey together with him during this second year of his term.
 Mr Upul Jayasuriya presenting a copy of his autobiography to the 52nd Chief Justice of India, B.R. Gavai. Mr Rajeeve Amarasuriya is in the centre BASL bestows Honoris Causa on Upul Jayasuriya, PC In recognition of his outstanding contributions to the legal profession and to justice, President’s Counsel Upul Jayasuriya was conferred the distinguished Life Membership Honoris Causa at the Bar Association of Sri Lanka’s annual convocation held at Water’s Edge to induct Rajeeve Amarasuriya as its president for 2026–2027. This year marks a significant milestone in Mr. Jayasuriya’s career as he completes 50 years at the Bar. His practice has been wide-ranging, encompassing civil, commercial, and public law, with a notable emphasis on public interest litigation. | |
(See www.sundaytimes.lk for full speeches)
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