header logo
Vallibel FD
Mogo Academy
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
 CPC bears a loss of Rs. 66 on every litre of diesel - CPC Chairman explains fuel subsidy

CPC bears a loss of Rs. 66 on every litre of diesel - CPC Chairman explains fuel subsidy

Govt. to provide Rs. 40 bln fuel subsidy amid surge in global fuel prices

Govt. to provide Rs. 40 bln fuel subsidy amid surge in global fuel prices

 Case against ex-President Ranil adjourned until November for Attorney General’s advice

Case against ex-President Ranil adjourned until November for Attorney General’s advice

Appeals Court dismisses MP Dilith Jayaweera’s writ application over contempt referral

Appeals Court dismisses MP Dilith Jayaweera’s writ application over contempt referral

Sri Lanka at UN backs Palestinian rights; FM Herath urges stronger multilateral action & UN reforms

Sri Lanka at UN backs Palestinian rights; FM Herath urges stronger multilateral action & UN reforms

Namal remanded again in two cases;  CIABOC tells court illicit funds were used for Krrish project

Namal remanded again in two cases; CIABOC tells court illicit funds were used for Krrish project

Metro takes another step forward:  112 more buses added to service as President joins launch

Metro takes another step forward: 112 more buses added to service as President joins launch

New education reforms set for Grades 2 and 6 next year; Cabinet gives nod for 2027 implementation

New education reforms set for Grades 2 and 6 next year; Cabinet gives nod for 2027 implementation

39th shooting in 2026 rocks Baddegama; ‘Kalu Nona’ killed in suspected gang rivalry in the South

39th shooting in 2026 rocks Baddegama; ‘Kalu Nona’ killed in suspected gang rivalry in the South

“Have built a nation where law applies regardless of status” No one is above the law, President says

“Have built a nation where law applies regardless of status” No one is above the law, President says

Global Power shifting towards Asia from West; Nations battling for supremacy in Indian Ocean –Patali

Global Power shifting towards Asia from West; Nations battling for supremacy in Indian Ocean –Patali

Navy seizes Rs. 1.5 billion narcotics haul in Jaffna; One suspect arrested, dinghy seized

Navy seizes Rs. 1.5 billion narcotics haul in Jaffna; One suspect arrested, dinghy seized

Floodwaters persist as many rivers reach minor flood levels, several areas still inundated

Floodwaters persist as many rivers reach minor flood levels, several areas still inundated

Ex-Deputy Minister Sarana Gunawardena’s wife remanded over bribery charges

Ex-Deputy Minister Sarana Gunawardena’s wife remanded over bribery charges

Sri Lanka’s Parliament approves 22nd Amendment to Constitution with a special majority

Sri Lanka’s Parliament approves 22nd Amendment to Constitution with a special majority

Lassana Flora