Judges’ retirement age may be raised by two years as the government faces protests from legal groups over judicial independence concerns.
Judges’ retirement age is under fresh debate after reports that the government is considering a two-year extension for Supreme Court and Court of Appeal judges.
According to the Sunday Times newspaper, the government’s attention has focused on extending the retirement age of judges in the higher courts, while the government says its main objective is to retain experienced judges within the judicial system.
Under the proposed amendment, the retirement age of Supreme Court judges would be raised from the current 65 years to 67 years.
The retirement age of Court of Appeal judges would be increased from 63 years to 65 years.
Under the existing legal framework, High Court judges retire at the age of 61, while District Judges and Magistrates retire at 60.
A senior government spokesperson has stated that steps are also being taken to recruit 50 new Magistrates to fill vacancies in the lower courts.
The government’s position is that by the time experienced judges are promoted to the higher courts, they are already nearing retirement, making it difficult for the judicial system to fully benefit from their professional experience.
Through the proposed amendment, those judges would be able to serve in the higher courts for an additional two to three years.
It is also reported that there are currently four vacancies each in the Supreme Court and the Court of Appeal.
However, strong opposition to the government’s move has emerged from the political opposition as well as from local and international legal bodies.
Organizations including the Bar Association of Sri Lanka, the Commonwealth Lawyers’ Association and the Asian-Pacific Lawyers’ Association have urged the government not to proceed with raising the retirement age of judges.
Critics and legal associations allege that the government is attempting to alter the retirement age of the judiciary in order to influence judicial independence and manipulate the judicial system in its favour.
