The Bar Association of Sri Lanka has asked President Anura Kumara Dissanayake to decide on the proposed constitutional amendment raising the retirement age of judges only after broad consultation with legal and academic experts.

BASL President, President’s Counsel Rajeev Amarasuriya, set out the request to reporters after a delegation from the association met the President at the Presidential Secretariat on Wednesday. The meeting had been announced a day earlier and was set for 1.00 p.m.

It was the first time the association had met the President over the amendment, Amarasuriya said, having sought a meeting some time ago. More than 20 people took part, among them President’s Counsel, former BASL presidents and university professors.

“We explained our position to the President, and he also shared his views with us. Ultimately, we requested that any decision to make a change of this nature should be taken only after conducting broad academic and expert consultations,” he said.

A difference of opinion, not a confrontation

Amarasuriya described the discussion as constructive and said he hoped it would lead the government to reconsider. He stressed that the BASL’s stance was not aimed at any individual but reflected a difference of opinion between the Bar and the legal profession on one side and the President on the other.

The government held the constitutional authority to amend the Constitution, he said, while the association had the right to oppose a proposal it considered inappropriate. The BASL wants any further consultation to draw in university academics and researchers who have studied judicial tenure.

“I hope things will turn around for the better following today’s discussion. We met the President, who is a mature leader and an experienced politician. He has fought for years for the rule of law and the independence of the judiciary. Therefore, we will wait and see how this matter develops,” he said.

What the amendment would do

The bill gazetted on August 7 would raise the mandatory retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65 — ages fixed in the Constitution, so the change needs a two-thirds majority in Parliament.

Hours before Wednesday’s meeting the BASL issued a signed statement arguing the amendment also requires a referendum and urging the government to abandon it in its present form. The proposal has drawn objections from the Mahanayake Theras, the International Association of Judges and opposition parties.

Sources