Endemic Butterflies of Sri Lanka

Butterflies are day-flying insects of the order Lepidoptera. The order Lepidoptera is the second largest insect order in Sri Lanka with over 2160 species. At least 195 of them are true Butterflies and 50 are Skippers, rest being macro and micro Moths. Sri Lanka is home to 245 species of butterflies with 23 of these being endemic to the island.

General Distribution

The majority of species are found in the foothills up to 3,000 feet elevation. A much smaller number of species are found above 4,000 feet while 20 species of butterfly are restricted to the low lying dry zone below 500 feet elevation. A majority of endemic species are restricted to the wet zone forests. The number of butterflies peaks in two seasons during the year. The first of these is during the Southwestern monsoon in the months of March to April. The second is during the Northeastern monsoon which continues from September to October.

General Threats and Conservation

Habitat destruction and degradation, air pollution, over-usage of pesticides, and over-exploitation for ornamental trade are the main threats to butterflies in Sri Lanka. Prolonged droughts and over-predation also pose a threat to them. Opportunistic predators such as ants and birds prey on butterfly eggs, caterpillars, pupae and adult individuals. The Sri Lankan Rose and Sri Lankan Birdwing species are presently included in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This United Nations initiative aims to protect these species against over-exploitation by restricting trade across borders.

1. Sri Lankan Birdwing

Scientific Name – triodes darsius

Family – Papilionidae

This is the largest butterfly in the country and also the national butterfly of the island. This is a forest lover but visits open areas of home gardens where nectar plants and its host plant Aristolochia (Sap Sanda) grow. It is frequently visible in riparian forest as well as open scrublands. It is not so uncommon throughout the island although it is mostly observed in the wet zone. Its large forewings are glossy black and hind wings bright yellow with a black margin. It has a quite slow wing beat but the flight is moderately fast as its wings are larger with an expanse of about 165–175 mm. Its status is listed as Near-Threatened by the IUCN.  

2. Sri Lankan Rose

Scientific Name – pacliopta jophon

Family – Papilionidae

It was earlier classified as a subspecies of Crimson Rose (Pachliopta hector) but now it is considered endemic to Sri Lanka. It is confined to the central hill country and is considered a globally threatened species due to the loss of habitat. The male upperside is black. The fore wing has three or four broad white streaks in a cell and a variable number of similar somewhat broader streaks. The hind wing too has white streaks with crimson lunules irrorated with black scales. The underside is similar, the markings more distinct and more sharply defined. This is totally a forest butterfly but visits open areas where nectar plants grow. It has quite a slow wing beat and the flight is slower compared to other Pachliopta species. It comes down to feed nectar early morning and late afternoon. Its status is listed as Critically Threatened by the IUCN.

3. Ceylon Tree Nymph

Scientific Name – idea iasonia

Family – Nymphalidae

The Ceylon Tree Nymph is a species of nymphalid butterfly in the Danainae subfamily. First described by John Westwood in 1848, the Ceylon Tree Nymph can be found in both wet and dry zones of Sri Lanka. It is the largest member of the Danaidae family in the country with a wingspan of 110–155 mm. Both its wings have similar patterns which are of a translucent silvery white color. The forewings are almost twice as long as their width. The female is larger in size than the male, and the males have narrower forewings than the females. The surface area of The Ceylon Tree Nymph's wings is relatively large when compared with its weight; this allows it to fly with little effort and stay aloft for long periods of time.

There are two populations of the Ceylon Tree Nymph. The smaller and darker colored variety is found in the wet zone of Sri Lanka from sea level to about 5,000 feet (1,500 m).They usually inhabit the sub canopies of lowland tropical rain forests. The other variety, which is larger and lighter colored, is found in the low country dry zone. They are usually encountered near water courses. Since the Ceylon Tree Nymph requires very little effort to fly its wing beats are very slow, so slow that the individual movements of each wing can be easily observed. Most of its time is spent flying and hovering in the high tree canopies. However, it descends to ground level to feed and to breed but does not rest on the ground. It usually rests on the ends of dead branches or twigs. It is listed as Near Threatened by the IUCN. The main threat faced by the Ceylon Tree Nymph is the destruction of its habitat. Several of its naturally occurring areas are protected areas, such as the forest reserve of Sinharaja.

4. Ceylon Tiger

Scientific Name – parantica taprbana

Family – Nymphalidae

The Ceylon Tiger is also a species of the Danainae subfamily. It has a wingspan of about 80-90 mm. The color patterns of sexes are similar. The upper surface of both wings is rich in dark chocolate brown with bright greenish white markings. The forewings have two distinct streaks starting at the base of the wings and the hind wing has similar markings. Both upper wing surfaces have a number of rounded spots towards the outer margins. The markings on the underside correspond to those on the upper surface but are lighter in color.

It is restricted to central mountain forests above 3000 feet on top of Pidurutalagala. It occasionally strays into the gardens of tea plantations. It is noticeably faster flier than any other Danaid. It flies commonly near to tree canopy and get nectar on wayside flowers. It hangs on the flowers at an incline with wings partly open while feeding. It flies lazily along pathways and roadsides. Not easy to approach and will fly away albeit slowly at any sudden movement. At very sunny days this species used to be seen flying slowly about the flowers in parks.

5. Cingalese Bushbrown

Scientific Name – mycalesis rama

Family – Nymphalidae

This satyrid butterfly has a wingspan of about 56 mm. Its wings are dark brown on the upper side, with two eyespots at the sub marginal area of the wings. The lower eyespot on the forewing is prominent and circled with orange, while the others are rather faint. The underside is dull orange brown, clearly distinguishing it from other Bushbrowns. It is rare and can be found near bamboo jungles in the low country wet zone. Their larva feeds on plants of the family Poaceae such as Bamboo. Though its flight is weak like other Bushbrowns, it flies at a higher level. This butterfly is extremely shy and will disappear into the undergrowth when approached. The IUCN lists it as Endangered.

6. Ceylon Treebrown

Scientific Name – lethe daretis

Family – Nymphalidae

The wingspan of the Treebrown is about 50-60 mm. There seems to be significant differences between the male and the female. The male is a medium-sized, mostly dark brown butterfly having a series of dark sub-marginal spots on the hind wing. The underside is lighter with more vivid markings. It can be distinguished from all other similar looking species by the eye-spots on the underside of the hind wing. There are six eye-spots which are similar in size, shape and color pattern. The eye-spots are smaller of the male and the yellow band is absent. The female is larger and less brighter than the male. The undersides are similar in both sexes. The upper side of the female has a yellow band across the center of the forewing and a well-defined set of large eye-spots on the hind wing. It has a series of white streaks that form a diagonal line from the post discal area of the fore wing and a series of large spots faintly outlined in white on the hind wing.

It is sighted between elevations of 5,000 and 8,000 feet, but is confined to areas where bamboo grows because its host plant consists of the Poaceae family. It may often be seen settled on the ground by the side of forest paths. Though it usually flies away when disturbed, it does not venture too far away and resettles in the undergrowth where its camouflage makes it difficult to spot. It is listed as Endangered by the IUCN.

7. Ceylon Forester

Scientific Name – lethe dynsate

Family – Nymphalidae

Males are dark brown with the upper surface of the wings being unmarked except for faint dark eyespots on the sub marginal areas and tornal areas of the hind wings. Underside is heavily shaded and the sub marginal area of the wings carry a series of eye spots which are framed in speckled purple and helps to distinguish the butterfly from the treebrowns. Females are paler than the male and their underside is similar to the upper side except they are diffused. They can be found between 800 and 1200 feet where bamboo trees are found. Foresters have a swift flight and stay at a considerable height, but they also settle occasionally on the ground. It is quite rare and is listed as Endangered by the IUCN.

8. Blue Oak Leaf

Scientific Name – kallima philarcus

Family – Nymphalidae

Its large size and the unique blue color are easily distinguishable when compared with other Kallima species. It is leaf shaped, with the upper side colored in several hues of blue, brown and white. It has dried up leaf-like patterns on the underside which is completely contrasted with the upper side. It can adapt its colours to the changing seasons, the dry season form being somewhat larger and paler. It is not rare but local, from the sea level to about 2500 feet. It points its head down on a twig, with its tail in the contact with twig or branch to deliberately give the impression of a withered leaf hanging in a perfectly natural manner. It is a strong flier but settles often, while wings wide open towards the sun. They maintain a slow flapping of wings while basking. When it is been attacked by predators, it seeks refuge against a tree looking exactly like a withered leaf. At times it folds its wings and drifts down imitating the falling of a dead leaf. It’s also known to be fond of rotting fruits. It is listed as Vulnerable by the IUCN.

9. Jewel Four-ring

Scientific Name – ypthima singala

Family – Nymphalidae

The wing span of this butterfly is about 30-45 mm. There is one large eye-spot on the forewing and a series of smaller ones on the hind wing. Males and females look quite different on the upper side. This is a much more local butterfly than the White Four-ring and is confined to the hill tracts of the eastern part of the island, with some local populations near Kandy in the central hills. Hence it is less common. It is essentially restricted to grasslands in Uva district between the elevations of 500 to 5000 feet. It is a butterfly of the dry grasslands and is rarely seen outside this habitat. Its host plant consists of grasses belonging to bamboo family. This is a lively little butterfly that flies all day long among the short grass and herbs in its habitat in large groups. Its flight is weak and can be considered as a short skip or a bounce closer to the ground. It moves forward in a zigzag manner with a few crisp wing beats, often settling at regular intervals to rest nectar. If disturbed, it goes immediately to ground, trying to hide in low shrubs or thick grass within security but it does not remain very long. It is one of the first butterflies to come out in the morning, even in damp conditions and has a tendency to bask in the early morning with its wings partly open. It is listed as Endangered by the IUCN.

10. Ceylon Palmfly

Scientific Name – elymnias singhala

Family – Nymphalidae

Its wingspan is quite large and is about 60-80 mm. Its wings are dark brown and its patterns are more refined than the Common Palmfly. The edges of its wings are rugged with a faint white streak. It is rather shy and usually inhabits dark dense forests. It often flies as a couple and individual female can be seen hovering host plants. It has a fondness for over-ripe fruits. It is rare and can be found near Kandy and other similar elevations. It is listed as Endangered by the IUCN.

11. Ceylon Hedge Blue

Scientific Name – udara lanka

Family – Lycaenidae

It is a small family with a wingspan of about 25-30 mm. The upper side of the male consists of a uniform dark purplish-blue with a faint brownish tinge. The underside is shining silvery white with faintly marked in spots and lines. The female is lighter in shade. It is found in the up country and can be sighted in elevations between 3000 and 6000 feet and commonest between the months of February and October. It is most frequently encountered in forest foot paths and clearings and is also found in gardens of bungalows of tea plantations, though never far from hilly jungle.It likes to bask in the sun. It flies weakly about low bushes and shrubs and keeps away from tree tops. The males often settle on damp patches, sometimes in considerable numbers. The females may be seen at flowers. The IUCN lists it as Endangered.

12. Ceylon Cerulean

Scientific Name – jamides coruscans

Family – Lycaenidae

Like other butterflies of the Blues Family it is also small with a wingspan of 25-30 mm. It is bluish brown with white markings and a prominent dark spot on the underside of the wing. Also on the underside are acute ‘v’ markings on the outer marginal bands. It has a particular liking towards wild flowers for nectar. It is found up to 500m of the low country in southern parts of Sri Lanka. This is a forest dwelling species which flies at lower levels of the forest. When encountered, it is usually in the company of others of its kind. It is listed as Endangered by the IUCN.

13. Milky Cerulean

Scientific Name – jamides lacteata

Family – Lycaenidae

It is slightly larger than other Blues Family butterflies with a wingspan of about 32-35 mm. The upper side consists of a pale, shiny, purplish blue. The tail is black tipped with white. The underside is a pale grayish brown. The female is quite similar to the male.  It is found up to 500 m of the mid country and can be found throughout the country. It is extremely active, fluttering around plants for a long time before it settles. It is also jittery and will take flight when senses any disturbance. Confined mostly to forests and well wooded areas it usually flies near the ground and can rarely be seen. It is normally found in rabbles. It is listed as Near Threatened by the IUCN.

14. Woodhouse's Four Lineblue

Scientific  Name – nacaduba ollyeti

Family – Lycaenidae

It has a wingspan of about 30-32 mm. It has a particular tint of purple blue or deep purple on the upper sides. It can be distinguished by its similar species from their more brownish upper surface and the particular metallic gloss.  The female can be distinguished because its upper sides are more blue than purple. They also have a habit of sipping mud. These butterflies are very rare and can only be found in forested areas in the mid country. The IUCN has recorded its status as Data Deficient (which is done when proper studies and research have not been done with regards to the particular species).

15. Pale Ceylon Six Lineblue

Scientific Name – nacaduba sinhala

Family – Lycaenidae

It has a wingspan of about 18-28 mm. It is smaller in size than its similar species. Its colour patterns consist of particular silvery purple tint. It can be distinguished from its similar species from the three large whitish spots. The top of its front wings are round and are also transparent.  The female can be distinguished with its blue colour shade and tint and also because its front wings are shade of silvery white with dark bands.  It’s more common than the other species of Lineblues. These butterflies are mostly found in forested areas in the wet and intermediate zones. They are migratory and are also known to sip mud. The IUCN has recorded its status as Data Deficient.

16. Ceylon Indigo Royal

Scientific Name – tajuria arida

Family – Lycaenidae

It has a wingspan of about 24-26 mm. It is a silvery white butterfly with black spots. The underside is particular with a prominent black line. The female is similar to the male. The males of have reduced forelegs, lacking in claws. The antennae are banded with white. They are sun-lovers and enjoy basking. They tend to fly in a flitting, irregular manner staying close to the ground. It is found in the low country wet zone especially in the Haldumulla area. It appears in the new 500 rupee note. It is listed as Critically Threatened by the IUCN.

17. Ormiston’s Oakblue

Scientific Name – arhopala ormistoni

Family – Lycaenidae

It has a wingspan of about 24-26 mm. The colour patterns of this butterfly are made up of shades of brown and so it is able to camouflage itself well.  The female is entirely brown on the upper surface. It is extremely rare and can be found in the low country wet zone. The IUCN has recorded its status as Data Deficient.

18. Green's Silverline

Scientific Name – spindasis greeni

Family – Lycaenidae

They are small butterflies usually with a wingspan of 20-30mm. The butterflies are easily recognized by the silvery markings on the underside and the two hind wing tails. They are very distinct because of their colorful patterns. It has an extremely rapid flight. It is very rare in Sri Lanka and the IUCN has recorded its status as Data Deficient (which is done when proper studies and research have not been done with regards to the particular species).

19. Clouded Silverline

Scientific Name – spindasis nubilus

Family – Lycaenidae

It has a wingspan of about 24-26 mm. It has a dull indigo blue upper surface and is distinguishable from the other species by the glowing brick red color on the underside of the wing. The bands are not so dark and are separated by the black outlines and heavy silver lining. On its upper side, it has a brilliant shot blue at its hind wing. The female is similar to the male with the exception of the shot blue at its hind wing. It is considered as an extremely uncommon butterfly found in the low country dry zone up to 100m particularly in the North. It has an extremely rapid flight but settles often, upon which it can be approached easily. It is listed as Endangered by the IUCN.

20. Lesser Albatross

Scientific Name - appias galene

Family – Pieridae

It is a medium sized butterfly with a wingspan of about 50-60 mm. It is a variable species with distinct wet and dry season forms.  The upper side of it is cream, with a dark band that extends along the top of the forewings right up to the mid area. The hind wing is entirely yellow. The female differs from the male as its upper surface has broad dark bands that cover most of the upper area of the forewing and outer margins of the hind wing. It is one of the most common butterflies of the intermediate and dry zones of the island. It inhabits dry evergreen forests and scrub jungle. It is not found in the hills except during migration.

Usually they are very active, swarming and has a medium paced flight. They are sometimes seen resting within the forest shade during peak hours for foraging. It spends a great deal of time in the canopy of the trees searching for nectar and visits wild flowers readily but does not find ornamentals attractive. In late evenings it roosts in large numbers under the canopy of trees, settled on the upper surface of leaves with their forewings drawn into the hind wings. Both male and female butterflies are seen mud-sipping during the day time and sometimes form large swarms in dried up streambeds with a trickle of flowing water. It is listed as Endangered by the IUCN.

21. One Spot Grass Yellow

Scientific Name – eurema andersonii

Family – Pieridae

Its wingspan is about 35-40 mm. It is a bright yellow butterfly. There are a few markings on the underside. It differs from the other Grass Yellows by curved forewings, which gives it a rounder appearance. There is also a prominent and uneven, narrow black margin on the border of its wings. On the upper side of the hind wing there is a single small brownish spot. This species is the least variable species of Eureme in the country. It is an extremely rare butterfly which only lives in the wet zone of the island up to elevations of about 3500 feet and is mainly confined to wet evergreen forests.

It is somewhat gregarious and flies more weakly and hovers close to the ground. It inhabits forest edges and sunlit areas inside the forests and rarely ventures out into wide open spaces. Like other species in its family it also loves to sip mud. It is a species that breeds in forests or close to them, and has only been sighted at certain times of the year from April periodically to September. It is listed as Endangered by the IUCN.

22. Black Flat

Scientific Name – celaenorrhinus spilothyrus

Family – Hesperidae 

It has a wingspan of about 25-35 mm. It is a blackish brown butterfly with tiny white spots on its forewing. The females are similar to the males but have bigger white spots as well as small yellow spots on their forewings. The Black Flats belongs to the Skipper family and are so-called because they tend to skip from plant to plant. Although they are daytime fliers they are not true butterflies. The most common visible difference between a Skipper and a true butterfly is that they have hooks at the end of their antennae. Compared to other butterflies, Skippers have relatively smaller, elongated wings for their size. Unlike other butterflies they tend to rest for long periods of time with their wings opened flat (hence the name Flats). However, when they do fly it is with a lot of speed, especially in the smaller species.

All over the island from sea level to 3000 feet elevation, rarer or absent towards the North. Butterfly seems to prefer wet zone. This is a forest lover but visits open areas and home gardens where nectar plants grow. They are also frequently visible in riparian forest and open scrublands at forest edges. It is listed as Endangered by the IUCN.

23. Decorated Ace

Scientific Name – halpe decorata

Family – Hesperiidae

It has a wingspan on about 25-35 mm. It is a dirty yellow butterfly with a dark pattern at the edge of its forewings and another dark pattern in the middle of its wings. Like the other species in the Skipper family it too tends to skip from plant to plant. Like a moth the Decorated Ace also has a body which is quite disproportionate to its wings when compared to the average butterfly. Its body is also dirty yellow. This butterfly belongs to the sub genus Thoressa or the ace butterflies together with four other species. They are called ace butterflies because their shape tends to take a distinct triangular shape. It is extremely uncommon and is considered as Endangered by the IUCN.

Wonders of the World Part 1 ~ Great Wall of China ~

The Great Wall of China is the largest manmade structure in the world and consists of a series of stone and earthen fortifications in northern China, built to protect the borders of the Chinese Empire against various invasions. Several walls have been since built and maintained from the 5^th century BC through the 16^th century. One of the most famous is the wall built between 220–206 BC by the first Emperor of China, Qin Shi Huang. Little of that wall remains; the majority of the existing wall was built during the Ming Dynasty. It is one of New Seven Wonders of the World (announced in 2007) and preserved as a UNESCO World Heritage Site.

History

The Chinese were already familiar with the techniques of wall-building by the time of the Spring and Autumn Period, which began around the 8^th century BC. Built to withstand the attack of small arms such as swords and spears, these walls were made mostly by stamping earth and gravel between board frames. Qin Shi Huang conquered all opposing states and unified China in 221 BC, establishing the Qin Dynasty. He ordered the destruction of the wall sections that divided his empire along the former state borders and ordered the construction of a new wall to fortify the empire.

The Dynasties that followed such as Han and Sui expanded the wall but the Tang and Song did not build any walls. During the Ming Dynasty to prevent the Manchurian and the Mongol raids the wall was repaired and expanded, the fortifications being stronger with the use of bricks and stones. The wall withstood many a raid but in 1644 the Manchus finally crossed the Great Wall and seized Beijing and defeated the remaining Ming resistance establishing the Qing Dynasty rule over entire China.   

General Information

The most comprehensive archaeological survey, using advanced technologies, has concluded that all the walls measure 8,851.8 km (5,500.3 miles). In Chinese the wall is called "Wan-Li Qang-Qeng" which means 10,000-Li Long Wall (which is around 5,000 km).  Its thickness ranged from about 4.5 to 9 meters (15 to 30 feet) and was up to 7.5 meters (25 feet) tall.  It stretches from Shanhaiguan in the east, to Lop Lake in the west, along an arc that roughly delineates the southern edge of Inner Mongolia. Communication between the army units along the length of the Great Wall, including the ability to call reinforcements and warn garrisons of enemy movements, was of high importance. Signal towers were built upon hill tops or other high points along the wall for their visibility. It is claimed that the Great Wall can be seen from space as well as from the moon. But astronauts have dismissed this although from a low earth orbit under perfect conditions it may be visible to the naked eye.  

The Parliament of Sri Lanka

The Parliament is a place where the elected representatives of the people meet to discuss matters of state and also to pass the various required laws for the country. Therefore it is called the legislature especially in those countries where the system of government is based on the Westminster model of the United Kingdom. The name is derived from the French word ‘parlement’ meaning discussion as the action of parler is to speak.

History

In ancient Greece, institutions similar to the Parliament can be seen like the Boule in Athens and the Apella in Sparta. In ancient Rome the Comitia Centuriata together with the Senate was like a modern bicameral Parliament. In ancient India, during the Vedic civilization, there are mentions of two Parliament-like gatherings of the Indo-Aryan kingdoms called the Sabha and the Samiti. The Sabha has been interpreted by the historians as a representative assembly of the elect, which ran day-to-day business with the king. The Samiti seems to be a gathering of all the male members of the kingdom, and convened only for the ratification of a new king. The Sabha and the Samiti bear almost no mention in later literature and after this, India would not have any democratic legislature till the British times, culminating in its modern democratic Parliament whose two Houses still bear the name of Sabha. 

The origins of the modern concept of prime ministerial government go back to the Kingdom of Great Britain (1707 - 1800) and the Parliamentary System in Sweden (1721 – 1772) that coincided with each other. In theory, power resided in the monarch, who chaired the Cabinet and chose ministers. In reality, King George I's inability to speak English led the responsibility to the leading minister or prime minister to chair the Cabinet. At present a Parliament is either unicameral (one chamber) or bicameral (two chambers). 

The Parliament of Sri Lanka 

The first legislature established in Ceylon was the Legislative Council, which was established in 1833 recommended by the Colebrook-Cameron Commission. In 1931 the Legislative Council was dissolved and the more powerful State Council was established as provided by the Donoughmore Constitution. Prior to independence a new bicameral parliament was established in 1947, according to the recommendations of the Soulbury Commission. It was based on the Westminster model with an upper house called the Senate and a lower house called the House of Representatives. The Senate was abolished in 1971 and the new unicameral National State Assembly was setup under the 1972 Republican Constitution. 

The current Parliament of Sri Lanka is elected under the framework of the 1978 Constitution. It is also a unicameral legislature with 225 members elected for a 6 year term. The Speaker presides over the Parliament while the President has the power to suspend, prorogue, summon or to dissolve Parliament. The Prime Minister of Sri Lanka is D.M. Jayaratne and the Speaker is Chamal Rajapakse. The Parliament building is situated in Sri Jayawardenapura Kotte and was designed by renowned architect Geoffrey Bawa.  

Supreme Court of Sri Lanka

In the complex and sophisticated legal system of Sri Lanka, the Supreme Court presides as the highest and final superior court of record with a final appellate decision in all cases and providing court rulings with binding precedence on all other lower courts. The Supreme Court as the main representative of the Judiciary is a very sensational topic these days among the Sri Lankans as well as the media both local and foreign due to its controversial judgements in the recent past. 

The judicial power of the people vested in the Supreme Court primarily falls under the Parliament which the latter then exercises through courts. The composition, jurisdiction and powers of the present Supreme Court were established under the Constitution of 1978. The Supreme Court has 11 judges including the Chief Justice appointed by the President. The court has both original and appellate jurisdiction which are specified from Articles 118-136 of the Constitution. It has jurisdiction in constitutional matters, fundamental rights, final appellation, election petitions, breaches of parliamentary privileges, consultative jurisdiction and in other matters as parliament may by vest or ordain. 

Highest Authority in Constitutional Matters

In dealing with constitutional matters the Supreme Court has sole and exclusive power to decide whether any Bill or provision is inconsistent with the constitution. It decides whether the Bill requires the approval of the people at a Referendum according to Article 83 or if it complies with paragraphs (1) and (2) of Article 82. Furthermore it has the exclusive jurisdiction to hear and determine issues relating to the interpretation of the constitution.  

The court can further exercise its pre-enactment review of legislation regarding Bills presented in Parliament. When this jurisdiction has been so invoked the Parliament cannot proceed any further in relation to the Bill until the Supreme Court gives its decision which it has to give within a period of three weeks. Regarding urgent Bills the Supreme Court exercises a special jurisdiction where it makes a determination within twenty four hours or a period not exceeding three days as the President may dictate of the assembling of the court. If any such Bill is inconsistent with the Constitution it shall not be passed in Parliament unless in a manner determined by the Court. 

Guardian of the Bill of Rights and Final Appellate Jurisdiction 

The unfrequented powers of deciding cases relating to infringement or imminent infringement of fundamental and language rights stated in chapters three and four of the constitution, by administrative or executive action is vested with the Supreme Court. It could issue orders in the nature of a writ of habeas corpus, certiorari, prohibition, procedendo, mandamus or quo warranto. In granting relief for the aggrieved of such violations the court has a vast discretion and flexibility in providing ‘just and equitable’ compensation. It is also the final court of civil and criminal appellate jurisdiction. It could affirm or reverse the judgements given even by the Court of Appeal, issue directions to any Court of First Instance and order new trials or admit new evidence if the lawsuit demands it. 

Other Powers & Jurisdiction

In its consultative jurisdiction the court provides its opinion to issues referred to it by the President and inquires into allegations put forward by the Speaker on a resolution by a Member of Parliament that the President is permanently incapable of functioning. The Supreme Court can determine any legal proceeding related to Presidential elections as well as hear appeals from a judgement of the Court of Appeal in an election petition case.  In addition to this the Supreme Court can penalize any person for the breach of the privileges of Parliament. The Chief Justice with previous consent of the President could appoint ad hoc judges when the required quorum of judges is not available in court.  In addition to the jurisdiction declared in the Constitution the Supreme Court can be vested with certain powers through statutes or legislation enacted in Parliament.  

It is vested with the powers of establishing regulations for the entire judicial system of the country. These rules include those of hearing appeals, granting bail, stay of proceedings, the admission, enrolment, suspension, removal and the etiquette rules of attorneys-at-law, attire of judges and attorneys-at-law and the manner in which the jury is prepared, summoned, empanelled and challenged.  Moreover the Supreme Court can punish those who are in contempt of court with imprisonment or fine or both. 

From Monarchy-Colony

Like the colorful culture of the country its Supreme Court is backed by a very rich and eventful history. During the period of monarchy in Sri Lanka the King was the supreme adjudicator of the land; this was the case in the seven consecutive kingdoms of Ceylon. The Kandyan Kingdom witnessed the formation of a court called the Maha Naduva or Great Court which was second only to the King.  The Portuguese and Dutch eras saw a change in the judicial structure but not so much in the case of a supreme court as the judicial arm in the Portuguese administration was their weakest link and the Raad Van Justitie, the highest court at the time of the Dutch had an appeal to the High Court of Batavia. 

From Colony-Dominion: A Historic Evolution

After the British took over the Maritime Provinces of Ceylon, the Proclamation of 1799 declared that a Supreme Court of Criminal Jurisdiction was established to try cases of murder, treason, forgery, perjury, trespass, misdemeanor and oppression.  Then the Charter of Justice in 1801 introduced a new framework while eliminating the Dutch courts and establishing a Supreme Court of Judicature with both original and appellate jurisdiction. This court consisted of a Chief Justice and a Puisne Judge. While exercising its civil and criminal jurisdiction this court could also issue mandates such as writs of mandamus, certiorari, procedendo and error to prevent public authorities from abusing their legal powers. It was to be a court of equity and like the Court of Chancery in England had the jurisdiction over minors and persons of unsound mind. Furthermore it had testamentary and matrimonial jurisdiction extended even to the Ceylonese.  Although there was no appeal from the judgement of the Supreme Court in criminal cases, there was an appeal to the Privy Council if the subject matter exceeded five hundred pounds in a civil suit. 

The Charter introduced in 1810 elevated the position of the Supreme Court considerably, overshadowing the power of the Governor at the head of the Executive, which ultimately led to a power struggle between the Executive and the Judiciary for the next two decades. The court was divided where the Chief Justice presided over the Southern and Western Provinces and the Puisne Judge heard cases in the Northern and Eastern Provinces. In addition to this the court’s jurisdiction was extended with the abolition of the Provincial Courts. This Charter proved short-lived as the Charter of 1811 restored the status quo and united the two divisions of the Supreme Court. 

The 1815 Kandyan Convention brought the hill country under British dominion. However the Supreme Court’s claim over the Kandyan Provinces was rejected and its civil jurisdiction was restricted to Colombo and the Europeans in the Maritime Provinces while its testamentary and equitable powers in the Colombo district were transferred to the Provincial Court through Regulation No.5 of 1826.  

The Charter of Justice of 1833 established a Supreme Court with a Chief Justice and two Puisne judges with its civil and criminal jurisdiction extending to the entire island. It was provided with an original and appellate jurisdiction acting as the exclusive court of appeal for the District Court judgements and empowered to issue writs of habeas corpus as well and to admit persons as Advocates or Proctors of the Supreme Court. However the appeal to the Privy Council was retained in civil cases. It could examine contradictory decisions of the district courts and submit declaratory laws to the Governor.  

In 1889 the Courts Ordinance introduced minor changes to the Supreme Court where it increased the Puisne Judges to ten, divided the original criminal jurisdiction to five circuits and empowered it to inspect the records of any court, transfer lawsuits when it deemed necessary, transfer prisoners, punish persons for contempt of court and frame rules for the procedures followed in the court system.  Then the Ordinance No.2 of 1891 declared the Supreme Court to be a Colonial Court of Admiralty with a jurisdiction in admiralty similar to that of the High Court in England; Orders in Council from 1920 onwards vested the Supreme Court with power to try petitions against the election of persons to the Parliament and then in 1936 to dissolve marriages of persons who were domiciled in England. An Ordinance in 1938 established a Court of Criminal Appeal to hear appeals in criminal cases determined by the Supreme Court.   

The Establishment of the Present Supreme Court

Independence from the British in 1948 failed to establish an entirely new framework for the Supreme Court since the Independence Constitution only included the appointment, transfer and dismissal of the judges.  Then the Republican Constitution of 1972 removed the judicial review of legislation which the Supreme Court obtained from the Independence Constitution. While a Fundamental Rights chapter was enshrined in this constitution the enforcement of its jurisdiction was not given to the court.  The Administration of Justice Law No.44 of 1973 repealed most of the previous legislation regarding the judiciary including the Courts Ordinance and Courts of Admiralty Ordinance. It removed the original criminal jurisdiction from the Supreme Court and curtailed the issuing of mandates in the nature of writs against a Criminal Justice Commission. The appellate authority which the Privy Council had in the past was abolished as the Supreme Court became the last resort in both civil and criminal cases. Then the Second Republican Constitution and the Judicature Act of 1978 solidified the framework of the Supreme Court which functions even today. 

Judicial Review of Enacted Legislation VITAL

As the apex court of the Sri Lankan Judiciary there are certain areas where the jurisdiction of the Supreme Court should be extended while in some it should be circumscribed. In constitutional matters the Supreme Court should be able to review the legislation after it has been passed by Parliament as the lack of judicial review of enacted legislation is a fundamental flaw in any democratic constitution. The time period defined for the inspection of an urgent Bill should be determined by the Constitutional Council on the recommendation of the President as it should not be the exclusive decision of the latter.

Expansion of Fundamental Rights Jurisdiction  

Although it is a positive characteristic in the Constitution for the Supreme Court to have original jurisdiction concerning violation of fundamental and language rights by Executive and Administrative actions it would have been better if a Court of First Instance initially tried these cases with an appeal to the Supreme Court, like the human rights stated in the ICCPR Act of 2007 where the High Court has been given certain powers over human rights . Devolving such vast jurisdiction might prove to be less tiresome as well as cost effective since the Supreme Court is somewhat inaccessible. 

On the other hand, the head of the judiciary is vested with this function is to provide a prompter procedure of justice to the aggrieved. And therefore its jurisdiction should extend to the violations of such rights by the private sector as well as individuals. Otherwise such aggrieved persons would have to endure the cumbersome hierarchy from the Labour Tribunals to the Supreme Court for justice, while the victims of right violations by executive and administrative acts are at an advantage since the remedy given to them is quicker. Even Mark Fernando J. stated in Saman v. Leeladasa [1989] 1 Sri LR 1  that the Sri Lankan constitution guarantees remedies for violations of fundamental rights by individuals. This kind of jurisdiction of the Supreme Court should not be extended by mere judicial precedence but by statutes or an amendment to the constitution.

Demarcation of the Sub-Judice Rule and Locus Standi 

The authority which the Court exercises in an issue of contempt of court should be clearly defined and demarcated, since according to the sub-judice rule the courts can restrict commentaries on a case heard before a judge or jury but, only when there is a substantial likelihood of prejudice. However in Sri Lanka the final portion is forgotten as there can be no criticism or commentary on an ongoing case. Moreover due to the relaxation of the rules of locus standi the Supreme Court has enabled the proceeding of so many fundamental rights cases. However it should be taken into consideration that the State is ultimately liable to such compensation. Therefore it is in fact positive for the court to take these cases but there should be a limit and this must be defined.  


Conclusion

The main reason for the sudden fame and glory of the Supreme Court is due to the apparent landmark judgements which it has delivered. From Golf Courses to Petrol Prices the Supreme Court of Sri Lanka has been very dynamic in its decisions. The court now intervenes in issues that concern more or less the executive and the legislature organs of the government. The independence of the judiciary is evident and concrete as it weighs a heavy check; nevertheless not all of its orders are followed by the Executive.

The Supreme Court has never been so active before particularly regarding Executive actions. However with great power comes even greater responsibility. The framework in place for the independence of the judiciary fails to overshadow its shortcomings, since most of its judgements are considered controversial. For the most part judicial activism is at work here, and in a country with one of the most powerful executives and corrupt governments such a regulator is indeed invaluable. All the same, a country torn asunder by war does not need another one between the organs of its own government; thus the Supreme Court should confine itself to its specified jurisdiction as the country does not need two oppositions but a ‘just and equitable’ judiciary.