Courts of Justice Act, 1936


The Supreme Court and the High Court.

Increase in number of judges of the Supreme Court.

4.—(1) So much of section 5 of the Principal Act as enacts that the Supreme Court shall consist of three judges is hereby repealed, and in lieu thereof it is hereby enacted that the Supreme Court shall consist of five judges, of whom the president shall be the Chief Justice.

(2) The provisions of Part I of the Principal Act in relation to the Supreme Court and the judges thereof (including the provisions of section 5 thereof in relation to the respective titles of the Chief Justice and of each of the other judges) shall, save as expressly repealed by this section, continue to apply and have effect notwithstanding the increase made by this section in the number of the said judges.

(3) Notwithstanding the increase made by this section in the number of the judges of the Supreme Court, any appeal to or other matter cognisable by the Supreme Court may be heard and determined by such number, not less than three nor more than five, of the judges of the Supreme Court (including judges who are, by virtue of section 6 or section 7 of the Principal Act, additional judges of the Supreme Court) as the Chief Justice or in his absence, the senior ordinary judge of the Supreme Court for the time being available shall determine in respect of each such appeal or other matter.

(4) Section 2 of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby amended by the deletion of all words from the words “or in the event” where they secondly occur to the end of the section and the substitution therefor of the words “who is for the time being available”, and the said section shall be construed and have effect accordingly.

(5) This section shall come into operation on such day as the Executive Council shall by order fix for that purpose.