⚖️ Government Proposal to Extend Superior Court Judicial Retirement Ages Sparks Governance Debate
A proposed constitutional amendment to raise the retirement age of Supreme Court and Court of Appeal judges has drawn widespread concern from the Bar Association of Sri Lanka (BASL), Judicial Service Association (JSA), and legal experts regarding judicial independence and public trust. • Government Rationale & Objectives: Aims to mitigate case backlogs and maintain experienced leadership in the higher judiciary. Part of broader efforts to resolve systemic court delays that increase operational costs for citizens and businesses. • Legal & Constitutional Concerns: BASL and commentators argue extending the tenure of serving judges creates perceived governmental influence and potential conflicts of interest. The 20th Amendment already expanded judge capacity; experts note existing judicial vacancies remain unfilled, questioning operational necessity. International norms (e.g., ELI-Mount Scopus Standards) emphasize that changes affecting judicial tenure should apply prospectively and undergo broad stakeholder consultation. • Recommended Next Steps: Legal bodies urge establishing an independent committee (Judiciary, Justice Ministry, BASL, civil society) to review structural reforms, prospective application, and genuine operational needs to safeguard democratic governance.