The Church of Ceylon (Anglican Church in Sri Lanka) has expressed concern and disappointment over the Cabinet decision to proceed with a proposed constitutional amendment to raise the retirement age of judges of the appellate courts.

In a statement, the Church of Ceylon said it had hoped that the President and the Cabinet would listen to the powerful arguments of the Bar Association of Sri Lanka (BASL), the wider legal community and civil society that pointed to the serious dangers of such an amendment undermining the Rule of Law and public confidence in the independence and impartiality of the Judiciary.

The Church stated that the government’s attempts at justifying the amendment, citing the need for a speedy disposal of a backlog of cases, were seriously undermined by the fact that a large number of vacancies remain in the appellate courts for reasons that have no rational or principled explanation.

“We can only conclude, therefore, that the real motivation for this amendment lacks bona fides,” the statement said.

The Church further noted that it had consistently advocated for broader constitutional reforms, including the abolition of the executive presidency, the introduction of an electoral system that promotes accountability and inclusion, strengthening independent institutions, establishing a Bill of Rights, and addressing the grievances of minority communities.

“Despite promises to do so, the NPP Government has said and done nothing to initiate this vitally important national process that requires widespread public consultation,” the statement said. 

The Church also questioned the proposed amendment, stating that pursuing constitutional reform on an issue that had not been raised in constitutional reform debates in recent years or during the last national election campaigns “lacks moral legitimacy and constitutional propriety.”

“The public is tired of politicians and leaders who champion the importance of independent institutions while in Opposition, and then, once they assume public office, initiate policies that promote executive convenience and self-interest,” the statement added.

The Church of Ceylon called on the President and the Cabinet of Ministers to withdraw the proposed constitutional amendment, for the legislature to remember that its primary function is to check the executive, and the judiciary and its leadership to be mindful of the damage that this amendment will cause to its reputation and the Rule of Law in the country.

See the full statement below...