Legal Systems of Sri Lanka:: The Roman-Dutch Law

Legal Systems of Sri Lanka:
Sri Lanka is an island of diverse race and of various faiths. Because of this island's
rich history and religious combination checked types of laws are found in its legal
system. The body of law consists of various legal systems such as Roman-Dutch
law, English law, Kandian law, Thesavalamai and Muslim law.
Sri Lanka's legal systems are:
The Roman-Dutch Law:
Roman-Dutch Law reflects an inherited legal tradition in Sri Lanka. When the

statutes and indigenous laws are unable to control the dispute or problem this rule
is used over there. It has created a "distinct legal community" which is today
defined as a "mixed" civil and common law system. So, the law is called Sri
Lanka's "common law."
Theswalamai Law:
It is a traditional law and based on ancient customs of Jaffna Tamils in Sri Lanka.
It applies to Tamil inhabitants of the Jaffna Peninsula in Northern Sri Lanka. The
law is personal in nature thus it applicable mostly for property, inheritance,
and marriage.
Muslim Law:
It is the law relating to family relations which extends to all Sri Lankan Muslims.
Marriage, divorce and other related matters concerning Muslims are regulated by
Marriage and Divorce and any subsequent modifications. Issues related to
interstate succession and donations, involving Muslims, and any subsequent
amendments.
Kandyan Law:
It is one of the three customary laws that apply to ethnic Sinhales and kingdom of
Kandy. It is applicable to the Srilankans who are Buddhist and former residents of
kingdom of Kandy. At present it governs aspects of marriage, divorce, adoption
such as child custody transfer of property and inheritance.
Kandyan Sinhalese who choose to marry under the General Marriage Ordinance
are governed by Roman-Dutch Law in matters relating to marriage, divorce, and
interstate succession. In matters relating to marriage , divorce and international
succession, Kandyan Sinhalese who wishes to marry under the General Marriage
Ordinance are governed by Roman-Dutch Law.
English law:
It is one of the laws regulated in Sri Lanka comprising mainly criminal
law and civil law, each branch having its own courts and procedures.
Legislature branch:
The Legislature of Sri Lanka is unicameral, with a Parliament of 226 members

elected for 6 year terms by a direct vote. The members of Parliament then elect a
Speaker, Deputy Speaker, and a Chair of Committees. The President can dissolve
Parliament at any time
Judicial branch:
The judicial branch of Sri Lanka is comprised of a Supreme Court, a Court of

Appeals, a High Court, and other courts created by law. It is the task of these
courts to protect and enforce individual rights of the people.
Constitution:
Sri Lanka's Constitution revolves around a President entrusted with broad

executive powers. This has 172 posts, acknowledges Buddhism as the religion of
the state and guarantees a broad variety of fundamental rights. The Constitution
also sets out state and individual responsibilities.
Legal Systems in Nepal:
Nepal's legal system is a combination of Hindu law, local customs and practices,
common law, and civil law. Nepalese legal system is based on Hindu philosophy
and its development. Prime Minister Jung Bahadur Rana enacted the first written
legal code in Nepal, the Muluki Inn (translated as 'General Code' or 'Country
Code') in 1854. The Muluki Ain is one of the world's oldest Civil Code. Unlike
other civil codes of the time, the Muluki Ain is not a recodification of Roman law
rather, it is a codification of Hindu religious law and societal customs prevailing at
the time. Moreover corporate and commercial laws are influenced by common law
such as England and India laws. After 2007 B.S the concept of rule of law,
fundamental right of people, independent judiciary etc. was introduced in the legal
system.
The legal and political history of Nepalese legal system can broadly be divided into
the following parts:
1. Early History:
Nepalese legal system has a history of more than two thousand years. The
discussion about Nepal's legal history begins with Kirants, Nepal's first ruling
dynasty. The lichhavis invaded the Kirants Kingdom and implemented a religious
ideology and reality-based state structure. Mallas began ruling over the nation.
They had also acknowledged the power of religion. King Ram Shah, from Gorkha
became a rising power. He gave the justice to his people on the basis of religious
treatise, tradition, equality.
2. Post Unification Era:
King Prithivi Narayan Shah the Great, spent most of this time for the unification of
Nepal. Yet he could devote some of his thoughts towards law and justice as well.
3. Dissemination of the Muluki Ain
The Muluki Ain was amended and codified all laws of Nepal- civil and criminal
including religious and customary. Along with JUNG BBAHADUR king
Lalmohar also committed himself to follow the Muluki Ain.
4. Later Developments:
THE MULUKI AIN, 2020 is main pillar of the Nepalese Legal system. Padma
Sahamsher, who became Prime Minister in 1945, initiated some constitutional
reforms “Nepal Sarakar Baidhanik Kanoon 2004”, which he could not enforce. The
year 1951 makes the end of Rana regime.
5. After the Period of 1951:
There was amendment in the Muluki Ain to introduce capital punishment for
certain crimes may be cited as an example. Without taking consent of public old
proceedings were thrown.also latest trends were establishing.
6. After the period of 1990
After 1990, some major changes were introduced in the arena of Nepalese Legal
system. Those Nepalese laws started to mend according to constitutional norms.
Constitution: Their Constitution is "Nepal's Interim Constitution," which came

into effect on 15 January 2007.
Executive branch: Head of Government, president fulfills his responsibilities by

constitution. The prime minister conducts the Parliament-appointed day-to-day
duties. The ministers must carry out the duty in compliance with the constitution
and other legislation.
Legislature branch: The Nepalese parliament has 330 members. Parliament

fulfills its duties to divide and operate accordingly through committees such as the
Committee on Residents, the Committee on Public Opinion Gathering &
Organization etc.
Judicial Branch:
The Constitution includes three tiers of jurisdiction, including the Supreme Court ,
the Court of Appeal and the Courts of the City. There the Supreme Court is the
highest tribunal. He is the statutory protector. Other than that, there are other courts
around the country to maintain the law and order.

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Legal Systems of Sri Lanka:: The Roman-Dutch Law

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Legal Systems of Sri Lanka:

Sri Lanka's legal systems are:

Roman-Dutch Law reflects an inherited legal tradition in Sri Lanka. When the

The Legislature of Sri Lanka is unicameral, with a Parliament of 226 members

The judicial branch of Sri Lanka is comprised of a Supreme Court, a Court of

Sri Lanka's Constitution revolves around a President entrusted with broad

2. Post Unification Era:

5. After the Period of 1951:

6. After the period of 1990

Constitution: Their Constitution is "Nepal's Interim Constitution," which came

Executive branch: Head of Government, president fulfills his responsibilities by

Legislature branch: The Nepalese parliament has 330 members. Parliament

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