The Bar Association of Sri Lanka (BASL) has strongly opposed the Government’s proposed 22nd Amendment to the Constitution, which seeks to extend the retirement age of judges of the Supreme Court and Court of Appeal.
In a statement issued today, the BASL urged both the Government and the People of Sri Lanka to recognize the serious implications of the move.
The BASL noted that while the Government claims the amendment will expedite trials and improve efficiency in the judicial system, the link between those objectives and extending judicial retirement ages is unclear.
Together with the Judicial Service Association and other stakeholders, the BASL has unanimously rejected the proposal, describing it as direct interference with judicial independence. Religious leaders, civil society organizations, and international bar and judges’ associations have also voiced opposition.
Citing Article 107 of the Constitution, the BASL emphasized that retirement ages fall under the heading “Independence of the Judiciary,” meaning any amendment would directly affect judicial independence.
It further pointed to Article 3, which declares sovereignty inalienable, and Article 4(c), which recognizes judicial power as an essential element of sovereignty. The Association recalled the Supreme Court’s 2022 ruling (SC SD 64–71/2022), which held that extending retirement ages of superior court judges violates Article 3.
The BASL warned that if the Government proceeds despite opposition and public criticism, the amendment can only be validly enacted with approval at a referendum.
It stressed that placing the Bill before Parliament would allow any citizen to challenge its constitutionality before the Supreme Court, creating a conflict of interest as judges themselves would be ruling on their own tenure. Such a situation, the BASL cautioned, could erode public confidence in the judiciary and damage its credibility as a cornerstone of democracy.
The Association expressed regret that no meaningful consultation with stakeholders had taken place, unlike in other countries where similar amendments are preceded by careful advisory processes.
It criticized the unusual haste with which the proposal is being advanced, warning that it undermines public trust and sets a dangerous precedent for future governments to manipulate judicial independence.
The BASL concluded that any change to the retirement age of superior court judges must be directly approved by the People at a referendum, reaffirming that judicial independence is a fundamental pillar of democratic governance. (Newswire)
