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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
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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.

 

 

 

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