Sri Lanka’s Controversial 22nd Constitutional Amendment Bill Set for Parliament Discussion
On August 18, Sri Lanka’s Parliament will host a significant discussion centered around the 22nd Constitutional Amendment Bill, as confirmed by Justice Minister Harshana Nanayakkara. The proposed legislation aims to extend the mandatory retirement age for judges, allowing the country’s highest judicial figures to serve longer on the bench. Alongside this important bill, the government will also present the Judicial Organizations Amendment Bill.
A Measure Met with Broader Opposition
The government’s initiative to extend the retirement age has ignited a firestorm of opposition from several factions, including Chief Prelates of the Buddhist clergy, the Bar Association of Sri Lanka (BASL), opposition political parties, and noteworthy international organizations. Critics argue that the move could potentially undermine judicial independence and integrity, raising concerns over a politicized judiciary.
Despite the mounting dissent, the government pushed forward, officially publishing the 22nd Amendment Bill on August 7. Under the proposed amendment, the retirement age for Supreme Court judges would rise from 65 to 67 years, while those on the Court of Appeal would see their retirement age increase from 63 to 65.
Bar Association Voices Concerns
In a recent gathering with President Anura Kumara Dissanayake, the leadership of the BASL expressed strong reservations regarding the amendment. The association is advocating that the legislative process must be approached with caution, emphasizing that any changes should reflect the foundational principles of judicial ethics and autonomy.
What Comes Next?
Once the 22nd Amendment Bill is presented, a legally mandated 14-day window allows it to be contested in the Supreme Court. The Court, upon reviewing any petitions, must deliver its findings back to Parliament within a timeframe of 3 to 21 days. This period will be crucial for stakeholders seeking to either support or challenge the proposed legislative changes.
As the August 18 date approaches, the importance of this bill looms large over Sri Lanka’s judicial landscape, sparking debates that could shape the future of the nation’s legal framework. The outcome will not only reflect the governmental priorities but also potentially redefine the relationship between the judiciary and legislative branches in Sri Lanka.