The Bar Association of Sri Lanka (BASL) has expressed serious concerns over the proposed Twenty-Second Amendment to the Constitution, stating that it could have implications for the independence of the judiciary and the rights and interests of the people.
In a statement, the BASL said it has challenged the constitutionality of the proposed amendment before the Supreme Court.
It is observed that it will be the Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law, the statement said.
The BASL noted that there is widespread belief that the amendment is being rushed to facilitate the extension of the tenure of the Chief Justice which would otherwise complete on 1st December 2026.
In this backdrop, in the recent past, the BASL said that it has witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary, including the incumbent Chief Justice.
The BASL said it too has been subjected to what it described as unfounded attacks on social media and other platforms.
The BASL stressed that the Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism.
It further said that credible concerns or allegations regarding any member of the Judiciary including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.
At the same time, the BASL urged all parties to exercise responsibility when making allegations concerning individual judges, lawyers and others.
Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice, the statement said.
The BASL emphasized that judicial independence is not intended to shield individuals from legitimate scrutiny or accountability, but serves as a safeguard for the public by ensuring impartial determination of disputes and protecting individual rights, the Rule of Law and the constitutional order.
The BASL therefore called on all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.
