The Bar Association of Sri Lanka (BASL) has raised concerns over the alleged attempt to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
The BASL said it notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
In a letter directed to the President, the BASL said it is the considered view of the association that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable."
To do so will result in the loss of public confidence in the integrity of the legal system and of the government's commitment to preserve and protect the rule of law and the independence of the judiciary, the BASL noted.
Through the letter, the BASL added, “Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was Increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.”
“Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka's Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary,” the BASL said in the letter directed to the President.
Extending the retirement age of the sitting Judges of these courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary, according to the BASL.
The BASL said, “The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.”
Considering all factors, the Bar Association of Sri Lanka has urged the President not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
It added, the BASL remains confident that the President will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.
