Bar Association raises the stakes in constitutional battle over extending judges’ retirement ages, suggesting Chief Justice should recuse himself from hearing the challenges
The controversy over the proposed 22nd Amendment has moved into still more sensitive territory, with the Bar Association of Sri Lanka suggesting that Chief Justice Preethi Padman Surasena should recuse himself from hearing the petitions challenging the proposed constitutional changes.
The BASL filed a motion in the Supreme Court on Monday making the suggestion in relation to the challenges against the Bill, which seeks, among other things, to extend the retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65.
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The issue is particularly delicate because any extension, depending upon the legislation ultimately enacted and its application, could directly affect serving members of the superior judiciary.
The BASL has already taken a prominent position on the proposed amendment, warning earlier this month about the implications of changing judges’ retirement ages and stressing the importance of protecting both judicial independence and public confidence in the administration of justice.
The latest intervention therefore takes the argument beyond whether Parliament possesses the constitutional authority to make the proposed changes. It raises the equally important question of whether justice must not only be independently administered, but must unmistakably be seen to be so.
The Supreme Court must now determine the constitutional challenges before it. The Government, meanwhile, has the parliamentary numbers to pass legislation requiring a two-thirds majority.
Whether it can do so without a referendum is precisely the question now before the Court.
For a Government elected overwhelmingly on a platform of changing Sri Lanka’s political culture, 22A is rapidly becoming considerably more than an amendment about retirement ages.
The BASL motion was reported on August 25; its President and Secretary have also filed a Special Determination petition challenging the Bill.
