40 professional bodies and trade unions oppose proposed 22nd Amendment

A total of 40 professional organisations and trade unions have joined the Bar Association of Sri Lanka (BASL) in opposing the proposed 22nd Amendment to the Constitution, warning that extending the retirement age of judges could threaten judicial independence.

Representatives of the organisations met at the BASL today (31) and adopted a joint statement endorsing the association’s position against the proposed constitutional amendment.

Among the organisations supporting the statement are the Federation of University Teachers’ Associations (FUTA), Government Medical Officers’ Association (GMOA), Railway Station Masters’ Union, Graded Principals’ Association, Academy of Health Professionals Sri Lanka, College of Medical Laboratory Science Sri Lanka, Sri Lanka Association of Medical Laboratory Scientists and Locomotive Officers’ Association.

The Government Union Printers, Postal Trade Union, Government Nursing Association and All Ceylon Management Service Association were also among the signatories, together with 24 other professional organisations and trade unions.

Concerns Over Judicial Independence

The joint statement says the proposed extension of the retirement age of judges, including judges of the Supreme Court and Court of Appeal, could have a direct impact on the independence of the Judiciary and, consequently, the Rule of Law, democracy and the sovereignty of the people.

The organisations noted that judicial power forms an integral part of the sovereignty of the people and that constitutional provisions governing the retirement age of judges of the Superior Courts are contained in the section of the Constitution dealing with the independence of the Judiciary.

The statement also refers to the Supreme Court’s Special Determination on the Inland Revenue (Amendment) Bill, SC/SD/64–71/2022.

According to the BASL, the Supreme Court held in that determination that a constitutional amendment affecting the retirement age or period of office of incumbent judges would impact judicial independence and violate Article 3 of the Constitution, thereby requiring approval by the people at a referendum.

Calls for Withdrawal of Constitutional Amendment

The signatories also highlighted opposition expressed by religious institutions, judicial bodies, professional organisations and national and international legal organisations.

Those cited include the Maha Sangha, Catholic Bishops’ Conference in Sri Lanka, Church of Ceylon, Judicial Service Association, Commonwealth Lawyers Association, LAWASIA, International Association of Judges, United Nations Special Rapporteur on the Independence of Judges and Lawyers, and the French National Bar Council.

The participating organisations and trade unions unanimously resolved to:

Unequivocally oppose the proposed Twenty-Second Amendment to the Constitution.
Call on the Government to immediately withdraw the proposed amendment.
Urge the Government to fill all existing vacancies in the Superior Courts without further delay.
If the Government proceeds with the amendment, call for the matter to be submitted directly to the people for determination at a referendum.

The BASL said the joint statement demonstrates united opposition to any measure that could undermine judicial independence.

The signatories reaffirmed their commitment to protecting the independence of the Judiciary, the Rule of Law, democracy and the sovereignty of the people of Sri Lanka.