⚖️ NMSJ Warns 22nd Amendment May Cause Conflict of Interest in Supreme Court

• Overview & Legal Conflict: The National Movement for Social Justice (NMSJ) warned that the proposed 22nd Amendment—presented to Parliament on Aug 18—places the Supreme Court in a dilemma where judges may hear a judicial review concerning the extension of their own terms. This risks violating the legal principle nemo judex in causa sua (no one should judge their own case). • Judicial Independence: NMSJ emphasized that Article 105(7) of the Constitution sets the retirement age for SC and Court of Appeal judges as a fundamental safeguard. Protecting judicial tenure ensures the court's role in reviewing Executive and Legislative actions remains uncompromised. • Global Models vs SL System: • Other nations resolve judicial tenure conflicts via distinct mechanisms like constitutional courts or retired judge panels. • Sri Lanka currently lacks a separate constitutional court or an ad-hoc panel of retired judges. • Proposed Solutions: • Amend the Bill within the existing constitutional framework following discussions with the Bar Association of Sri Lanka. • If a public referendum is required by the SC, sovereignty remains with the people, resolving the conflict of interest.