FINANCIAL CHRONICLE – The Bar Association of Sri Lanka (BASL) has expressed strong objections to potential changes regarding the retirement age of judges serving in the Supreme Court and Court of Appeal. Reports indicate that the government is contemplating constitutional amendments to raise these ages.
BASL articulated concern, stating that any attempt to extend the retirement age for current judges may be perceived by the public as an overt effort to influence the judiciary. The organization emphasized that the established retirement ages, which have been set at 63 years for Court of Appeal judges and 65 years for Supreme Court judges since the enactment of the 1978 Constitution, should not be altered without substantial justification.
In a detailed statement, BASL remarked, “Altering the retirement age of judges at this time could undermine public trust in the judicial system, as well as the government’s dedication to uphold the rule of law and judicial independence. Citizens may question the underlying intentions of the government in pursuing such a constitutional change.”
Furthermore, BASL reminded that the number of judges in both courts was previously increased under the 20th amendment to the constitution, which was certified on October 29, 2020. The Court of Appeal expanded from 12 to 20 judges, while the Supreme Court grew from 11 to 17 judges. Therefore, BASL argued, there is no pressing need to change the retirement ages currently in place.
Any modification to the retirement age would necessitate a constitutional amendment, a process that BASL cautioned should not be undertaken lightly. The association highlighted that the Sri Lankan Constitution has often been amended reactively, sometimes aligning with the political agendas of the ruling government, and often at odds with the principles of judicial independence and the rule of law.
Extending the retirement age now could create a precedent for future administrations to make arbitrary amendments affecting the judiciary. BASL firmly believes that maintaining the independence of the judiciary and the public’s trust are fundamental to the rule of law and the democratic structure of the nation. It is vital that the judiciary is not only independent in practice but also perceived as such by the public.
In light of these concerns, BASL respectfully urged the government to refrain from advancing any proposed changes to the retirement age for judges in the Supreme Court and Court of Appeal. The association remains hopeful that the government will consider the critical importance of upholding the integrity and independence of the judiciary, which are essential for the rule of law and democratic governance in Sri Lanka.
