The Cabinet of Ministers has approved a contested proposal to extend the retirement age of judges by two years, clearing the first hurdle for a change that now requires an amendment to the Constitution.
The proposal will be presented to Parliament, where it must secure a two-thirds majority to pass. It has drawn opposition from senior members of the legal fraternity, the Bar Association of Sri Lanka (BASL) and opposition political parties.
The measure had been taken up by Cabinet on Monday (July 27), NewsFirst reported, as objections from the legal fraternity and the opposition intensified.
The plan would lift the retirement age of Supreme Court judges from 65 to 67 years and that of Court of Appeal judges from 63 to 65, with similar two-year extensions being considered for High Court and Magistrate’s Court judges. Justice Minister Harshana Nanayakkara has said the government has taken a policy decision to increase the retirement age of all judges, arguing it would retain experienced judicial officers in service for longer. The minister had earlier indicated a Cabinet paper on the matter was being drafted.
Critics see the timing differently. The Bar Association of Sri Lanka and members of the Judicial Service Association — which represents magistrates and district judges — have opposed the move, warning it could stall the career progression of junior judicial officers and should not be introduced without broad consultation.
In a letter to President Anura Kumara Dissanayake, the Gampaha Lawyers’ Association urged him to reconsider, describing judicial independence as a constitutional pillar and cautioning that any change affecting the superior courts required wider stakeholder agreement, Ada Derana reported. The letter was signed by association President Chandima Wijerathna and Secretary Sudarshani Rathnayake.
The dispute has also spilled into a political row. Opposition Leader Sajith Premadasa dismissed as “shameless” an allegation by NPP parliamentarian Asitha Niroshana that BASL President Rajiv Amarasuriya had struck a political deal with him over opposition to the extension, and challenged the MP to repeat the claim outside Parliament, according to the Daily Mirror. Free Lawyers Association convenor Maithri Gunaratne issued a similar challenge, saying Amarasuriya had opposed the extension from the outset.
Justice Minister Nanayakkara is expected to meet a BASL delegation this week to discuss the contested reform.
BASL calls for a referendum
Update, July 28: The Bar Association has escalated its opposition, saying the change should be put to the people. Speaking on TV Derana’s ‘360°’ programme, BASL President Rajeev Amarasuriya said that if the government intends to proceed with such a constitutional amendment, it should seek the approval of the public through a referendum. Any genuine need to amend the retirement age should first be subjected to open and transparent public discussion, he argued.
Amarasuriya also accused the government of a lack of transparency in its handling of the proposal, saying government representatives had previously stated they were unaware of any such measure, yet it had proceeded without consultation with key stakeholders including the BASL. He questioned the urgency of the move, noting there had been no indication only weeks earlier that it was under consideration.
He further argued that the President’s failure to fill existing judicial vacancies in the Supreme Court and the Court of Appeal amounts to a violation of the Constitution. There are currently eight vacancies in the superior courts, Amarasuriya said, and it is the President’s constitutional responsibility to nominate suitable candidates. The continued delay over several months raises serious constitutional concerns, he said, and filling those vacancies — not extending retirement ages — should be the government’s immediate priority.
Justice Minister Nanayakkara confirmed that Cabinet approval was granted at the meeting held on July 27, chaired by President Anura Kumara Dissanayake, covering judges serving in all courts including the Supreme Court and the Court of Appeal.
Deputy Minister Chathuranga Abeysinghe turned the argument back on the BASL, saying he would be “very happy” to see the association issue a statement regarding former Justice Minister Wijeyadasa Rajapakshe or his son, and questioning whether it applies the same standards in all cases. “We will see whether this is genuine or whether these actions are being taken to protect one particular class,” he told reporters, according to the Daily Mirror.
Abeysinghe also confirmed that the government intends to bring constitutional amendments to raise the retirement age of judges, saying an amendment would be required for changes affecting the judiciary while other related reforms could be introduced at ministerial level.
What Cabinet actually approved
Update, July 28: Details released after the weekly Cabinet media briefing show the approved paper is broader than the retirement age alone.
Cabinet cleared a proposal from the Minister of Justice and National Integration to draft amendments to both the Constitution and the Judicature Act No. 2 of 1978, Ada Derana reported. The paper identifies a need to increase the number of Court of Appeal and High Court judges to address growing caseloads and reduce delays in disposing of cases.
Additional Court of Appeal judges are required to allow that court to exercise its jurisdiction regionally under Article 146 of the Constitution, the government said. More High Court judges are needed to speed up hearings before provincial High Courts exercising original criminal jurisdiction and before Civil Appellate High Courts.
Raising the mandatory retirement age is presented in the paper as a way to keep experienced judicial officers in service as the number of courts expands and the Court of Appeal begins operating on a regional basis. The government said the package is intended to strengthen judicial independence while making proceedings more efficient — a direct counter to the objection raised by the BASL and opposition parties.
Cabinet approved instructing the Legal Draftsman to prepare the amendments. Deputy Minister Eranga Gunasekara said further steps would be announced later, NewsFirst reported, confirming the two-track mechanism: a constitutional amendment for Supreme Court and Court of Appeal judges, and an amendment to the Judicature Act for judges of other courts. The drafts go to the Legal Draftsman and then to the Attorney General for clearance.
Minister cites 1.1 million case backlog
Justice Minister Harshana Nanayakkara rejected the argument that the extension threatens judicial independence, saying the decision was taken to improve the efficiency of the court system and address a backlog of more than 1.1 million cases.
Answering journalists at the weekly Cabinet media briefing, Nanayakkara said retaining experienced judges would help clear pending cases while wider reforms are rolled out across the justice sector.
The retirement age change is only one component of that programme, the minister said, adding that steps would also be taken to address problems at the Government Analyst’s Department and the Attorney General’s Department, as well as in court administration and staffing.
