header logo
Vallibel FD
Selan Bank
Latest
BASL calls for stakeholder review before changes to judges’ retirement age
Jul 20, 202604:17 PM
BASL calls for stakeholder review before changes to judges’ retirement age
Mobitel inner 1278

The Bar Association of Sri Lanka (BASL) has called on the government to halt further action on a proposed constitutional amendment to increase the retirement ages of Supreme Court and Court of Appeal judges until consultations are held with key stakeholders in the justice sector.

 

In a letter addressed to Minister of Justice Harshana Nanayakkara, BASL President Rajeev Amarasuriya said the proposed amendment raised serious concerns over judicial independence, the administration of justice and the Rule of Law.

 

The BASL said it had previously sought clarification from the government on whether such an amendment was being considered, but had not received a response. It said it later conveyed its concerns to President Anura Kumara Dissanayake, outlining the Bar’s position against the proposal.

 

The Association said the retirement ages of judges of the Supreme Court and Court of Appeal had remained unchanged since the enactment of the 1978 Constitution and argued that no compelling institutional reason had been presented to justify an amendment.

 

It further stated that the recent expansion of the approved cadre of both superior courts had addressed concerns relating to judicial workload and capacity.

 

The BASL cautioned that a constitutional amendment specifically extending the tenure of sitting superior court judges could raise questions regarding its objective and impact public confidence in the independence of the Judiciary.

 

“Constitutional amendments affecting the superior Judiciary should never be undertaken in an ad hoc manner or in response to temporary circumstances,” the Association said, stressing the need for institutional necessity, transparency and consultation before any such changes are introduced.

 

The proposal has drawn criticism from various sections of the legal community, including members of the Judiciary, retired judges, senior lawyers, academics and international legal organisations, according to the BASL.

 

The association also referred to remarks by Senior Advocate of India and former LAWASIA President Shyam Divan, who said concerns surrounding the proposal reflected fears that judicial independence and the Rule of Law could be compromised.

 

The BASL noted that following the Cabinet meeting held on July 14, 2026, the Cabinet Spokesperson had announced that the Ministry of Justice had been requested to submit a report and observations before Cabinet made a final decision on the matter.

 

The Association urged the Justice Ministry to establish a committee comprising representatives of the Ministry, Judiciary, BASL and other relevant stakeholders to examine the proposal and submit recommendations.

 

It also requested an opportunity for a BASL delegation, including members of its Executive Committee, Senior President’s Counsel and senior members of the legal profession, to meet with the Ministry and discuss the matter.

 

The BASL said it remained prepared to assist in any consultation process and requested that no further steps be taken until meaningful discussions with justice sector stakeholders were completed.

 

 

 

PROPOSED-CONSTITUTIONAL-AMENDMENT-TO-INCREASE-THE-RETIREMENT-AGES-OF-JUDGES-OF-THE-SUPREME-COURT-AND-THE-COURT-OF-APPEAL-E.pdf
Open
Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

RelatedNews
MostRead
Mobitel 1278
VideoStories
Suspect arrested over illegal USD 80 million overseas transfers remanded until September 17

Suspect arrested over illegal USD 80 million overseas transfers remanded until September 17

 Indian Defence Minister Rajnath Singh concludes official three-day visit to Sri Lanka

Indian Defence Minister Rajnath Singh concludes official three-day visit to Sri Lanka

Supreme Court invalidates presidential pardon granted to Gnanasara Thero by ex-President Maithipala

Supreme Court invalidates presidential pardon granted to Gnanasara Thero by ex-President Maithipala

Brent crude surges past USD 100 a barrel as Middle East conflict escalates

Brent crude surges past USD 100 a barrel as Middle East conflict escalates

 President meets Indian Defence Minister, Three new agreements exchanged

President meets Indian Defence Minister, Three new agreements exchanged

 Over 154,000 people across Sri Lanka affected by prolonged dry weather condition

Over 154,000 people across Sri Lanka affected by prolonged dry weather condition

 Key informant targeted after Rs. 5 billion 'Ice' seizure; Fake police jeep recovered

Key informant targeted after Rs. 5 billion 'Ice' seizure; Fake police jeep recovered

Thailand suspended visa-free entry for Sri Lankans over illegal activities, says FM Vijitha Herath

Thailand suspended visa-free entry for Sri Lankans over illegal activities, says FM Vijitha Herath

FUTA announces one-day strike tomorrow; 24 railway unions to strike on Sept. 17 & 18

FUTA announces one-day strike tomorrow; 24 railway unions to strike on Sept. 17 & 18

Namal escorted to parliament by prisons officers; MPs clash over SC hearing on 22A petitions

Namal escorted to parliament by prisons officers; MPs clash over SC hearing on 22A petitions

 No secret security deals, insists Foreign Minister as Indian Defence Minister lands in Sri Lanka

No secret security deals, insists Foreign Minister as Indian Defence Minister lands in Sri Lanka

El Niño affecting coral reefs and marine life around Sri Lanka

El Niño affecting coral reefs and marine life around Sri Lanka

 No referendum to enact 22A? Free Lawyers Org. seeks support against 22A after President’s remarks

No referendum to enact 22A? Free Lawyers Org. seeks support against 22A after President’s remarks

 Namal in Prison: Security tightened Politicians flock to visit remanded Namal Rajapaksa at prison

Namal in Prison: Security tightened Politicians flock to visit remanded Namal Rajapaksa at prison

 “Govt. moving forward with a dictatorial agenda”

“Govt. moving forward with a dictatorial agenda”

Lassana Flora