⚖️ BASL Raises "Gratification" & Conflict-of-Interest Concerns Over 22nd Amendment

The Bar Association of Sri Lanka (BASL) has challenged the constitutionality of the proposed 22nd Amendment in the Supreme Court, questioning whether extending the tenure of sitting superior court judges could constitute a "gratification" under Anti-Corruption Act No. 9 of 2023. • Core Legal Concerns: • Anti-Corruption Law: Under Section 93(b), judges soliciting or accepting any gratification as an inducement or reward face fines up to Rs. 1 Mn and up to 7 years of rigorous imprisonment. BASL highlights public perception risks regarding whether the extension and associated benefits act as a gratification. • Conflict of Interest: Sitting Supreme Court judges determining the Bill's constitutionality would directly benefit from the proposed tenure extension. • Judicial Independence: BASL argues the Bill impacts the sovereignty of the people and judicial independence, seeking a ruling that it requires approval via a public referendum. • Key Provisions of Proposed 22nd Amendment: • Supreme Court: Increases retirement age from 65 to 67 years. • Court of Appeal: Increases retirement age from 63 to 65 years, and expands bench size from 19 to 24 judges (+5 additional judges). • Chief Justice: Retirement set at age 67 or upon completing 6 years in office, whichever comes first. • Action Requested: BASL has requested the Chief Justice to constitute a Full Bench of all sitting Supreme Court judges to hear the petition due to the urgent and grave constitutional implications involved.