Sri Lanka Judicial Reform Debate: Government vs. Bar Association ⚖️
A significant constitutional debate has emerged in Sri Lanka over proposed judicial reforms, balancing court efficiency against judicial independence. • Government Reform Agenda: The Ministry of Justice proposes amending the Constitution to increase the retirement age of Supreme Court and Court of Appeal judges. The move aims to retain experienced judges, preserve institutional memory, and reduce massive case backlogs. Broader goals include modernising court administration and accelerating digitalisation across the legal sector. • Bar Association (BASL) Objections: The Bar Association of Sri Lanka (BASL) and international bodies like the Commonwealth Lawyers’ Association oppose extending retirement ages without broad stakeholder consultation. Key objections include: • No clear evidence that extending tenure resolves chronic litigation delays. • Previous judge cadre expansions under the 20th Amendment failed to eliminate delays. • Potential risks to judicial independence and public trust. • Immediate Priorities & Sector Consensus: Legal professionals urge the Government to prioritize filling existing vacancies—specifically 4 in the Supreme Court and 4 in the Court of Appeal—before altering constitutional safeguards. There is strong consensus on improving lower court capacity, digital case-management systems, and procedural efficiency to address core bottlenecks.