The Cabinet of Ministers has approved a proposal to raise the retirement age of judges, according to government sources.
The proposal was approved at the Cabinet meeting held today (27), sources said.
The government previously indicated it will present a proposal to raise the retirement age of Court of Appeal and Supreme Court judges by two years through a constitutional amendment. Under the current provisions of the Sri Lankan Constitution, the retirement ages of Court of Appeal judges and Supreme Court judges are set at 63 and 65 years, respectively.
The proposed amendment has drawn criticism from several legal groups, with several lawyers’ associations accusing the government of attempting to proceed with the move while vacancies remain in the superior courts.
In statements issued regarding the proposal, the associations said there are currently eight vacancies in the Supreme Court and Court of Appeal, and alleged that the filling of these vacancies has been delayed for an extended period.
BASL calls for stakeholder review before changes to judges’ retirement age
Last week, the Bar Association of Sri Lanka (BASL) 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.
The Bar Association of Sri Lanka 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.
