The Bar Association of Sri Lanka (BASL) has urged the Government not to proceed with a proposed constitutional amendment to increase the retirement age of judges of the Supreme Court and the Court of Appeal without broad consultation with key stakeholders.
In a letter dated July 16 to Justice Minister Harshana Nanayakkara, the BASL said the proposal carries significant constitutional implications and raises serious concerns regarding judicial independence, the administration of justice and the rule of law.
The BASL noted that it had previously written to the Justice Minister on March 30 seeking clarification on reports of the proposal and later wrote to President Anura Kumara Dissanayake on May 25 expressing its opposition. It said no response had been received to either communication.
The association argued that there is no demonstrated institutional necessity to alter the retirement ages of judges, pointing out that the number of judges in both the Supreme Court and the Court of Appeal had already been increased in recent years to address workload concerns.
According to the BASL, any constitutional amendment aimed solely at extending the tenure of sitting judges could undermine public confidence in the independence of the judiciary and create perceptions that the change is motivated by factors other than institutional need.
The BASL also said constitutional amendments affecting the superior judiciary should not be introduced on an ad hoc basis, but only after transparent public justification and meaningful consultation with stakeholders. It noted that the proposal has attracted opposition from members of the judiciary, former judges, senior lawyers, academics and international legal organisations.
Referring to comments made after the Cabinet meeting on July 14, the BASL said the Justice Ministry had been asked to submit its observations before Cabinet makes a final decision on the proposal. It urged the Ministry to ensure that the views of all principal stakeholders are reflected in that process.
The association has requested the appointment of a committee comprising representatives of the Ministry of Justice, the Judiciary, the BASL and other relevant stakeholders to study the proposal comprehensively before any further action is taken. It also sought a meeting with the Justice Minister to discuss the matter and said no further steps should be taken until meaningful consultations have been completed. (Newswire)
