The International Association of Judges has called on the Sri Lankan government to reconsider its proposed constitutional amendment extending the retirement age of Supreme Court and Court of Appeal judges by two years.
In a statement reported by Ada Derana, the association — the largest global body representing national judges’ associations — said it shares the concerns already raised by the Judicial Service Association of Sri Lanka and the Commonwealth Lawyers Association about the proposed legislation.
Not the principle, but the process
The IAJ was explicit that its objection is not to the idea of changing a mandatory retirement age. It is “the timing of and the manner of introduction of, and the widely perceived reason for this proposed legislation, that causes us to be very concerned,” the association said.
Constitutional amendments affecting the judiciary should be brought through a reasoned, principled, consultative and transparent process rather than what the IAJ described as an arbitrary and ad hoc announcement, it said, warning that failing to follow such a process could threaten judicial independence.
The association also raised the perception that the legislation is meant to benefit one or more specific judicial officers. Even if that was not the government’s intention, the IAJ said, such perceptions undermine public confidence in the independence of the judiciary.
It urged the government to reconsider the legislation in its current form, citing the need to safeguard judicial independence and uphold the rule of law.
Who the IAJ is
Founded in Salzburg, Austria, in 1953, the association represents 93 national associations of judges across five continents. Its Universal Charter of the Judge treats security of tenure as one of the indispensable guarantees of judicial independence — a document Sri Lankan opponents of the amendment have cited through the current dispute.
The intervention lands as the bill advances
The statement was issued hours after Justice Minister Harshana Nanayakkara confirmed that Cabinet had approved the draft Constitutional Amendment Bill, which will now be published in the Government Gazette. Alongside the two-year extension, the package would increase the number of Court of Appeal and High Court judges and cap the Chief Justice’s tenure at six years.
The IAJ joins a line of professional bodies that have opposed the measure. The Bar Association of Sri Lanka rejected it unanimously at a special general meeting on July 29, the Judicial Service Association opposed it by secret ballot, and the Mahanayake Theras of the three chapters wrote to the President against it on Monday.
Once the bill is gazetted, it can be challenged in the Supreme Court before it reaches Parliament, where a constitutional amendment requires a two-thirds majority.
