Opposition Leader Sajith Premadasa has called for a national dialogue on constitutional reform, saying Sri Lanka should consider establishing a dedicated Constitutional Court or another specialised mechanism to review constitutional matters as part of long-term institutional reforms.

Premadasa made the remarks following a meeting with Commonwealth Lawyers’ Association President Steven Thiru at the Opposition Leader’s Office in Colombo. The discussions focused on constitutional democracy, the separation of powers, judicial independence, the rule of law and environmental justice.

Premadasa said constitutional institutions should be structured to operate independently and credibly regardless of which political party is in power.

He said constitutional reforms should not be designed around the immediate political interests of either the government or the opposition, but should remain legitimate and provide safeguards for citizens and institutions even when political power changes hands.

According to Premadasa, reforms affecting independent constitutional institutions require adequate safeguards, clear justification, transparency and meaningful consultation with the public and other stakeholders.

The Commonwealth Latimer House Principles were also discussed as an international benchmark for assessing the separation of powers among Parliament, the Executive and the Judiciary, as well as judicial independence, accountability and transparency.

Premadasa said Sri Lanka could examine, as a long-term constitutional reform and without interfering with ongoing judicial proceedings, whether the country requires a dedicated Constitutional Court or another specialised constitutional review mechanism.

He said any such institution would require careful consideration of its powers, composition, appointment process, tenure, accessibility and relationship with the existing Supreme Court and Court of Appeal.

The meeting also focused on strengthening the environmental rule of law. Premadasa referred to a policy commitment contained in Section 14 of the Environmental Charter 2.0 presented during the 2024 presidential election to establish a specialised environmental court or tribunal.

He expressed interest in examining experiences in other Commonwealth jurisdictions to determine whether an environmental court, tribunal or a hybrid model would be best suited to Sri Lanka to strengthen environmental law enforcement, environmental justice and the resolution of environmental disputes.

Premadasa stressed that constitutional reform should be a continuous, transparent and consultative process, adding that the real test of an institutional arrangement was whether it remained secure and legitimate when political power changed hands.

“Judicial independence is not a privilege of judges, but a safeguard for the people and the constitutional system of government,” he said.

The discussions come amid heightened debate over judicial independence following the proposed 22nd Amendment to the Constitution and the recently concluded Supreme Court hearing on petitions challenging the Bill.I can also make the lead sharper around Sajith’s proposal for a separate Constitutional Court. (Newswire)

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The President of the Commonwealth Lawyers’ Association, Steven Thiru, observed proceedings at the Supreme Court yesterday as hearings began on petitions challenging the Government’s proposed 22nd Amendment to the Constitution.

Thiru’s participation follows his warning in July that Sri Lanka risks repeating Zimbabwe’s controversial judicial crisis if it proceeds with plans to extend the retirement age of sitting superior court judges without broad public consultation. 

Addressing a public forum organised by the Bar Association of Sri Lanka (BASL), he stressed that the issue was not the proposed retirement age itself, but the timing, manner, and application of the constitutional amendment.

Hearings on the petitions commenced yesterday (01) and continued for nearly 12 hours until 10.30 pm, underscoring the intensity of the legal challenge. A total of 67 petitions have been filed against the Bill, including 41 submitted online.

Today (02) marks the second consecutive day of hearings before a five‑judge bench comprising Chief Justice Preethi Padman Surasena, Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon, and Gihan Kulatunga. 

Lawyers representing the petitioners are currently making submissions challenging the constitutionality of the Bill. Once the petitioners’ arguments conclude, counsel for the intervening petitioners are scheduled to present their submissions. 

The Attorney General is expected to address the Court thereafter, focusing on the Bill’s constitutional validity. (Newswire)

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