President Anura Kumara Dissanayake is scheduled to meet representatives of the Bar Association of Sri Lanka (BASL) at 1.00 p.m. today (12) to discuss the government’s proposal to amend the Constitution and increase the retirement age of judges.
The proposed changes have prompted strong opposition from the legal profession, with the BASL warning that extending the retirement age could have serious implications for judicial independence and public confidence in the judiciary.
Under the proposed 22nd Amendment to the Constitution Draft Bill, published in the government gazette on August 7, the mandatory retirement age of Supreme Court judges would be increased from 65 to 67 years.
The retirement age of Court of Appeal judges would also be raised from 63 to 65 years.
The proposal further provides that the Chief Justice would retire upon reaching the age of 67 or completing six years in office, whichever occurs first.
BASL unanimously rejects proposal
The BASL has unanimously opposed the proposed changes.
BASL President Rajeev Amarasuriya said the legal profession was firmly opposed to the government’s move and that the association had received unanimous backing at a Special General Meeting held on July 29.
Speaking to media following the meeting, Amarasuriya said lawyers who attended the meeting in person, as well as those who participated online, had voted against the proposal.
He said opposition had also emerged from members of the judiciary, adding that the proposed change could have a significant impact on judicial independence.
The BASL has previously urged the government not to proceed with the amendment without meaningful consultation with key stakeholders. The association has maintained that the existing retirement ages of 63 for Court of Appeal judges and 65 for Supreme Court judges should not be changed arbitrarily.
Concerns over judicial independence
Amarasuriya described the government’s decision as an unwise move and said the BASL would take all possible steps to oppose the proposal.
He warned that measures affecting the independence of the judiciary could have long-term consequences for the country’s legal and constitutional framework.
The BASL President also called on the government to reconsider the proposal while taking into account the concerns expressed by the legal profession and other stakeholders.
The association has said it had been raising objections to the proposal for nearly two months but had not been given an opportunity to formally discuss the matter with the government.
Earlier, the BASL had written to President Dissanayake expressing concern over the proposed constitutional amendment and later called for consultations before any further steps were taken.
The meeting between President Dissanayake and the BASL is expected to be closely followed, with the government facing growing opposition from the legal community over the proposed changes to the retirement age of superior court judges.
