BASL warns President Anura Kumara Dissanayake that extending judicial retirement age could damage trust in courts and rule of law.
The BASL has strongly urged President Anura Kumara Dissanayake not to proceed with any proposed constitutional amendment to extend the retirement age of judges in Sri Lanka’s superior courts.
The Bar Association of Sri Lanka made this appeal through a letter sent to the President, warning that such a move could seriously affect public confidence in the judiciary, judicial independence, and the rule of law.
The letter expresses deep concern over reports that the government is considering a constitutional amendment to extend the retirement age of members of the judiciary, including judges of the Supreme Court and the Court of Appeal.
The BASL pointed out that since the promulgation of the 1978 Constitution, the retirement age of Court of Appeal judges has remained fixed at 63 years, while Supreme Court judges retire at 65 years.
The Bar Association stated that these limits should not be changed arbitrarily.
It argued that such a constitutional change is unnecessary and inappropriate, especially at a time when public trust in state institutions remains fragile.
According to the BASL, extending judicial tenure could undermine confidence in the judiciary and raise questions about the government’s commitment to protecting judicial independence and the rule of law.
The Association warned that introducing a constitutional amendment solely to extend the tenure of judges may lead the public to question the motive behind the move.
It also noted that the 20th Constitutional Amendment, enacted in 2020, had already significantly increased the number of judges in both superior courts.
Under that amendment, the Court of Appeal bench was increased from 12 to 20 judges, while the Supreme Court bench was expanded from 11 to 17 judges.
The BASL’s position is that since the capacity of the higher courts has already been strengthened through this increase, there is no reasonable service-related justification to extend the retirement age of serving judges.
The Association further observed that any change to the judicial retirement age would require a constitutional amendment.
It emphasized that the Constitution should not be amended to address temporary or short-term needs.
Looking at Sri Lanka’s political history, the BASL stated that successive governments have frequently amended the Constitution to suit political requirements, thereby weakening the rule of law and judicial independence.
The Association warned that extending the retirement age of judges who are currently in office could be interpreted as an attempt to directly influence the judiciary.
It said such a move would not only damage public trust, but could also undermine the dignity of the judges concerned.
The BASL further warned that the proposed amendment could create dangerous long-term consequences.
According to the Association, it would set a precedent that future governments may also use constitutional amendments to influence the judiciary for political purposes.
“The independence of the judiciary and the public trust placed in it are essential pillars of the rule of law and the democratic framework of our republic,” the Bar Association stated.
The BASL also emphasized that the judiciary must not only be independent in practice, but must also be seen by the public as a fully independent and impartial institution, free from external influence or any appearance of impropriety.
The Association said it had been compelled to raise these concerns as part of its duty to safeguard the rule of law and protect judicial independence.
It reiterated that the proposed amendment would bring no benefit either to the judiciary or to the public.
The letter sent to President Anura Kumara Dissanayake was signed by BASL President Rajeev Amarasuriya and Secretary Nalin de Silva.
