Sarvajana Balaya today (18) filed a petition before the Supreme Court challenging the constitutionality of the proposed 22nd Amendment to the Constitution.

The Samagi Jana Balawegaya (SJB) and the Bar Association of Sri Lanka (BASL) had earlier filed petitions before the Supreme Court challenging the constitutionality of the proposed amendment.

The 22nd Constitutional Amendment Bill was presented to Parliament today (18) by Minister of Justice and National Integration Harshana Nanayakkara, together with the Judicature (Amendment) Bill.

The government gazetted the proposed 22nd Amendment on August 7, despite objections raised by several parties.

Under parliamentary procedure, a Bill may be presented for its First Reading one week after its Gazette notification. A further one-week period is provided for petitions to be filed before the Supreme Court challenging the constitutionality of the proposed legislation.

The Supreme Court is required to communicate its determination to the Speaker within three to 21 days after considering such petitions.

Proposed Changes to Judges’ Retirement Age

If enacted, the 22nd Amendment would increase the retirement age of Supreme Court judges from 65 to 67 years, while the retirement age of Court of Appeal judges would increase from 63 to 65 years.

Meanwhile, the Judicature (Amendment) Bill proposes a two-year increase in the retirement age of judges serving in the High Courts, District Courts and Magistrates’ Courts.

The Supreme Court has been asked to determine whether the provisions of the proposed 22nd Amendment require approval by a two-thirds majority in Parliament and a referendum.

The Court’s determination will establish the constitutional procedure that must be followed for the proposed amendment to proceed.