Judges retirement age reform under the 22nd Amendment raises a wider debate over constitutional change, judicial experience and democracy.
The judges retirement age debate has moved beyond judicial tenure after publication of the proposed Twenty-Second Amendment, opening a wider discussion about how Sri Lanka’s Constitution should evolve.
The proposal comes after months of political debate over extending the service of superior court judges. Parliamentary records had already referred to proposals setting the Supreme Court retirement age at 67, compared with the current constitutional limit of 65.
At first glance, the proposal may appear to change little more than an age limit. However, viewed through political science, it raises a deeper question about how democratic institutions adapt to contemporary needs.
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A Constitution Cannot Remain Frozen in Time
Commenting on the issue, Dr. Lumbini Priyantha Devisiri argues that every democratic society must eventually decide when its constitutional arrangements require change.
Thomas Jefferson expressed a similar intergenerational principle in his 1789 letter to James Madison, writing that “the earth belongs in usufruct to the living.” He argued that one generation should not indefinitely bind those that follow.
That philosophy remains relevant when considering matters such as judges retirement age.
Changes in life expectancy, health, professional maturity and accumulated legal experience can all influence how societies determine appropriate retirement limits.
Supporters of an extension argue that judges with decades of legal knowledge and practical wisdom remain valuable institutional assets. Allowing that experience to serve the judiciary longer could therefore benefit society.
Flexibility Must Come With Constitutional Morality
However, constitutional flexibility cannot mean changing fundamental rules merely for political convenience.
James Madison represented the other side of the constitutional debate. While societies must adapt, inherited institutions also contain accumulated experience and should not be altered casually.
The real issue is therefore balance.
A Constitution must remain flexible enough to permit genuine reform while retaining enough stability to protect institutions from temporary political interests.
Constitutional morality also requires more than technical compliance with the law. Transparency, public confidence and institutional restraint matter equally.
The well-known principle associated with Lord Hewart, that justice must not only be done but must also be seen to be done, is particularly relevant when constitutional changes affect the judiciary.
If the judges retirement age is changed transparently and for a clearly demonstrated public purpose, supporters can argue that the reform strengthens confidence in the judicial system.
If the process appears politically motivated, however, the same change could generate suspicion.
A Constitutional Change Designed for the Future
Democracy is not simply the authority of a parliamentary majority.
It also requires those exercising constitutional power to respect principles that protect society and future generations.
Sri Lanka’s Constitution has already undergone 21 amendments. The current Constitutional Council itself emerged through the Twenty-First Amendment, endorsed in October 2022. Constitutional change is therefore already part of Sri Lanka’s democratic history.
The Twenty-Second Amendment should consequently be assessed on more than the numerical extension of judicial service.
Its ultimate democratic value will depend on whether it strengthens institutional capacity, preserves judicial independence and serves the long-term public interest.
A living constitution must be capable of adapting. But those entrusted with changing it must exercise that authority with discipline, transparency and an awareness that future generations will inherit the institutions they reshape.
