22nd Amendment gazetted: Supreme Court judges to serve until 67

The bill for the proposed 22nd Amendment to the Constitution has been published in the government gazette, setting out the increases to judges’ retirement ages that have been contested for months.

Under the bill, judges of the Supreme Court would retire at 67, up from the present 65, and judges of the Court of Appeal at 65, up from 63, according to Ada Derana. The Daily Mirror reported that the change is made by amending Article 107(5) of the Constitution.

The amendment also introduces a separate rule for the Chief Justice, whose tenure would end either on reaching 67 or on completing six years in office, whichever comes first.

A further provision amends Article 137 to raise the maximum number of Court of Appeal judges from 19 to 24. The Daily Mirror noted the bill states that where the Sinhala and Tamil texts differ, the Sinhala text prevails.

NewsFirst reported that publication was ordered by the Minister of Justice and National Integration. The bill now moves to Parliament, where a constitutional amendment requires a two-thirds majority.

A second bill widens the lower courts

The Judicature (Amendment) Bill was gazetted the same day, NewsFirst reported. It proposes raising the number of High Court judges from 110 to 120 and extending retirement ages in the lower courts by two years — to 63 for High Court judges and 62 for District Court and Magistrate’s Court judges.

Opposition presses for a halt

The UNP working committee approved a resolution on Thursday calling for the amendment to be suspended, the Daily Mirror reported. The party argued that the European Union’s assessment of Sri Lanka identifies the backlog of cases — not retirement ages — as the judiciary’s most serious problem, citing roughly 45,000 pending cases in the Colombo District Court alone.

The gazetting follows Cabinet approval of the bill and the Attorney General’s clearance. The proposal has drawn objections from the Bar Association, the chief prelates and the International Association of Judges.

Sources: NewsFirst, Daily Mirror, Ada Derana, NewsFirst, Daily Mirror.