Systems Of Law In Force In Sri Lanka

Question 1

What are the multiple systems of law in sri Lanka?

Answer 1

Sinhalese law(now kandyan law)
Buddhist law
Hindu law
Muslim law
Mukkuvar law
Christian customary law
Portuguese law(no great impact at the present)
Roman dutch law(common law of Sri Lanka)
English law

Question 2

When did the Portuguese arrived in Sri Lanka?

Answer 2

1505 A.D.

Question 3

When the Portuguese arrived, which areas did the sinhala Buddhists occupy?

Answer 3

South, Western and hinterland of Ceylon

Question 4

When the Portuguese arrived, which areas did the tamil hindus occupy?

Answer 4

North and East of Ceylon

Question 5

When the Portuguese arrived, other than sinhala Buddhists and tamil hindus, who else was present?

Answer 5

Muslims
Mukkuvars
Very small communities of Chetties and Parsees.

Question 6

What did the sinhala law originate from?

Answer 6

Sinhalese customs
Buddhist canonical teachings
Practices and rites
Hindu laws
Customs of Mauryan and Sakyan groups

Question 7

Ehat happened to Sinhala law with the arrival of the Portuguese?

Answer 7

Became compartmentalized into low country Sinhalese and kandyan(up country Sinhalese) laws.

Question 8

What did the thesawalamai law originate from?

Answer 8

Meaning Customs of the land

Brought by tamil immigrants from the coasts of Malabar and Coromandel.

Question 9

Who used the thesawalamai law?

Answer 9

Tamils of the North and East of Ceylon

Question 10

What did the Muslim law originate from?

Answer 10

Muslim traders who cane to Ceylon scattered all over Ceylon continued to adopt this among Muslims.

Question 11

Which law was likely applied if a dispute had gone to Sinhala tribunals?

Answer 11

Sinhala law

Question 12

Where did Mukkuvars originate from?

Answer 12

A fisher caste from South-West coast of India

Settled in Jaffna, Puttalam, Kalpitiya and Batticaloa

Question 13

Where did Chetties, Parsees and Paravars originate from?

Answer 13

Indian tribes

Small in number.

Question 14

Who recognized the legal systems of Mukkuvars, Chetties, Parsees and Paravars?

Answer 14

Dutch rulers

British rulers

Question 15

Case law for development of Christian customary law?

Answer 15

In Catherine Garcia v. Gunawardena (1986) 2 SLR 195

Sharvananda CJ stated that over a period of time customary Christian laws have developed.

Question 16

What was the Portuguese influence on laws of Sri Lanka like?

Answer 16

Very minimal.
The rulers did not intend to introduce Portuguese laws to Sri Lanka.
By the Malwana Convention, the colonizers agreed to apply the Sinhala laws, with modifications.

Question 17

When did the Dutch influence the laws of Sri Lanka?

Answer 17

1656 to 1796 A.D.

Question 18

Who did the RDL apply to?

Answer 18

Dutch residents
Their native servants
Native Sinhalese and Tamils within the forts
Christian converts

Question 19

How did the RDL apply to low country Sinhalese natives?

Answer 19

Not clear

Question 20

How did the RDL apply to kandyans?

Answer 20

Kandyans never came under the RDL

Question 21

What did the dutch do here in the legal system?

Answer 21

Established an elaborate court system.
RDL was a residuary law(common law) continued to the British period.
Thesawalamai, Mukkuvar, Chettie, Muslim law were applied to the respective communities.

Question 22

How did the British capture Ceylon?

Answer 22

British defeated the Dutch and conquered the coast of Ceylon in 1796.
In 1802 by the Treaty of Amiens, became a ceded colony.
In 1815 the Adigars connived with the British and ceded the Kandyan kingdom to British.

Question 23

Which case laid down principles of the king’s constitutional authority in a british colony? How?

Answer 23

Campbell v Hall (1774) Cowper 204
A private action for recovery of sums paid to a tax agent.
The decision by Lord Mansfield laid down a series of rules governing conquered and ceded colonies.

Question 24

What did the case of Campbell v. Hall (1774) Cowper 204 do regarding the British influence on the laws of Sri Lanka?

Answer 24

It laid down the principles of the king’s constitutional authority in a british colony.
Such authority is absolute until a representative assembly is granted, at which point the authority of the crown is limited.

Question 25

More on Campbell v. Hall

Answer 25

Both types of colonies came under the dominion of the King of England and subject to laws passed by the UK parliament.

Inhabitants are British subjects under the protection of the crown.

Articles of capitulation (of a conquered territory) and Articles of Peace (in a ceded colony) are sacrosanct (inviolable) , can only he changed by the UK parliament or by prerogative of the Crown.

Question 26

British influence on the laws of Ceylon

Campbell v. Hall

When do persons and property laws not apply to Europeans?

Answer 26

1. If they are of special character.

         OR

2. On ground of religion.

Question 27

British influence on laws of Ceylon

Campbell v. Hall

When will the pre-existing laws NOT be in force?

Answer 27

a. When they are understood as barbarous by English Law.
b. Laws applicable to the entire British empire are also applicable within the particular territory.
c. Change of sovereignty means change of prerogative.

Question 28

British influence on laws of ceylon

What happened to RDL?

i.e. the Laws of the Dutch united provinces.

Answer 28

RDL laws which were incompatible with the British concept of sovereignty would be unenforceable.

Question 29

Kodeeswaran v. AG (1969) 72 NLR 337 (PC)

Answer 29

A civil servant sued the Crown for arrears of salary which have accrued due….?

Although RDL is applied as ‘common law’ of Ceylon,
if long established judicial authority for a proposition of law,
not inconsistent with the british sovereign authority by the Crown,
can be found in the decisions of the Ceylon courts,
there is no need to go back to see whether any precedent can be found for it in the doctrine of the Roman-Dutch jurists 9f the 18th century.

Question 30

The King in Parliament or the King by his prerogative power…..

Answer 30

The King in Parliament or the King by his prerogative power (which cannot overpower the parliament) is capable of legislating for the colony.

The prerogative power of the Crown may go counter to the common law of England.

Question 31

British influence on laws of Ceylon

Summary

Answer 31

1. Pre-existing laws (RDL or special laws) remain unchanged unless changed by the UK Parliament, King’s or by the local legislature(after independence).
2. The rules (in Campbell v. Hall) were given statutory force by the proclamation of Governer Frederick North on the 23 November 1799.
3. In 1815 the Kandyan convention reinforced for the Kandyans what was stated in the 1799 proclamation.
4. RDL the customary laws of Sinhalese, Thesawalamai, and Muslim Law continued unchanged unless changed by Statute or by prerogative.
5. The Mukkuvar and Chettie law became nearly obsolete, unless survived as a local custom.