The Judiciary, to me, is akin to an army of soldiers defending the fortress of democracy from the assault of injustice. The law acts as the armour and shield provided to us by the Legislature, with which we have been tasked with protecting the citizens of our country…..”
“The Judiciary: An Army of Soldiers Defending Democracy” : Chief Justice Murdu Fernando PC
On December 10th, 2024, Chief Justice Murdu Fernando delivered an inspiring inaugural address at the Supreme Court, reflecting on her journey, the significance of justice, and the evolving role of the judiciary in upholding the rule of law. In her speech, Chief Justice Fernando emphasized the importance of fairness, equality, and constitutionalism in the judicial process, while also acknowledging the values instilled in her by her family, mentors, and colleagues throughout her distinguished career. She stressed the judiciary’s vital role in defending democracy and ensuring that justice is accessible to all citizens. The following are excerpts from her address:
Chief Justice Murdu Fernando PC:
“….I also recognize the significance of this achievement to all women of the legal profession and to those aspiring to join the legal profession or any other chosen field of their choice. This milestone is not just for me, but for all those who have fought for equality, who have worked to break down barriers, shatter the glass ceiling and who have believed in the power of perseverance. My journey is the result of the efforts of those who came before me, and it is a testament to the progress we can make when we refuse to accept the status quo.
As we look towards the future, I am reminded of the importance of justice in the lives of every citizen. Justice is not a mere ideal; it is a living, breathing force that impacts families, communities, and nations. It is our duty to ensure that the rule of law is applied fairly and impartially, without fear or favour, and that every individual who enters this hallowed institution, regardless of their background, finds a system that listens, understands, and seeks to protect their rights.
While there is still work to be done to ensure true equality in every sphere of our society, I am confident that this institution will continue to evolve, adapt, and reflect the values that bind us together as a nation. We must ensure that our decisions not only adhere to the law, but also to the principles of justice, equity, and humanity…..”
“….To effectively uphold the rule of law, processes and decisions of the judiciary in dispensing justice, it must adhere to the principles of fairness, equality, impartiality and legality. It must be noted that the relationship between the judiciary and the Constitution in this regard is a dynamic and evolving process, because courts are both a creation of the supreme law and its custodian. Those who live in a state of harmony with society must feel protected by the Judiciary’s adherence to the concept of constitutionalism and justice.
Lord Denning the English Law Lord, in his book “The Road to Justice, asks the question, “What is Justice?” He goes onto state, I quote,
What is justice, that question has been asked by many men far wiser than you or me and no one has yet found a satisfactory answer. All I would suggest is that justice is not something you can see. It is not temporal but eternal.
How does man know what is justice? It is not the product of his intellect but of his spirit. The nearest we can get to defining justice is to say that it is what the right-minded members of the community-those who have the right spirit within them-believe to be fair. So
you see how great is the responsibility which rests upon the lawyers….”
“….As Theodore Roosevelt, lucidly proclaimed,
“No man is above the law and no man is below the law; nor do we ask any man’s
permission when we require him to obey the law”
The Judiciary, to me, is akin to an army of soldiers defending the fortress of democracy from the assault of injustice. The law acts as the armour and shield provided to us by the Legislature, with which we have been tasked with protecting the citizens of our country…..”
Chief Justice Fernando in her speech also remembered her late parents, Merril E.C. Fernando and Bermil Fernando, for instilling values that guided her journey, and her late brother, Mithraka, whom she described as a tower of strength. She prayed for their eternal rest.
Chief Justice Fernando acknowledged her alma mater, Princess of Wales’ College, Moratuwa, its dedicated teachers. She also thanked her lecturers at Sri Lanka Law College, University of Colombo, and King’s College, University of London for nurturing her academic foundation.
She expressed gratitude to Mrs. Lena Fernando of Julius & Creasy Law Firm and Mr. Eardley Perera, President’s Counsel, for their mentorship during her apprenticeship, and to Hon. Victor Tennakoon, Chief Justice, and Hon. H.W. Tambaiah, who inspired her as role model judges during her tenure at the Law Commission of Sri Lanka.
Reflecting on her 32 years at the Attorney General’s Department, she thanked its former Attorneys General, as well as her seniors and juniors, for shaping her career. She also expressed appreciation for her fellow Supreme Court Justices and Chief Justices for their guidance and camaraderie.
Chief Justice Fernando commended the Registrar, the officers, staff, and the Marshall of the Supreme Court for their contributions, especially as the Court prepares to relocate after four decades.
She concluded by thanking her family—her husband Sasanka, her children Sandruka and Mandrika, and her future in-law Nishel—for their unwavering support. She expressed special gratitude to her son, Mandrika, for traveling during his studies to attend the ceremony, and to her extended family, friends, and all who have supported her over the years.
