The Bar Association of Sri Lanka has said it will take every measure within its mandate to oppose the government’s proposal to extend the retirement age of judges, warning that the move could damage public confidence in the judiciary.

BASL President Rajeev Amarasuriya made the remarks after meeting representatives of the All Ceylon Jamiyyathul Ulama at its Maradana headquarters — a day after a 24-member BASL delegation he led, alongside Secretary Nalin Silva, met President Anura Kumara Dissanayake at the Presidential Secretariat to present the association’s concerns.

”Not good for the country”

Speaking to reporters afterwards, Amarasuriya said the legal community remains firmly opposed to the initiative.

“We maintain that this is not good for the country. It is not good for the people, and it is not good for the future of this nation. It creates a black mark and raises serious doubts regarding the independence of the judiciary,” he said.

He said the proposal could have wider consequences for Sri Lanka’s democratic institutions. “We believe this will be an obstacle to Sri Lanka’s future progress, the future of the Republic and the country’s democratic journey. At this point, the decision rests with the government as to whether it intends to proceed further along this path.”

Amarasuriya said the association is prepared to escalate its response should the government press ahead.

“If that happens, we will resort to the appropriate legal measures available to us,” he said, adding that opposition would harden in the weeks ahead if the BASL’s recommendations were disregarded. “If the government proceeds contrary to the principles and positions we have presented, we will oppose it more strongly and more forcefully than ever before. Within the limits of our mandate, we will do everything possible to stop this.”

Speaking in Sinhala at the same appearance, he framed the question as one the government should simply avoid. “Judicial independence is a noble concept. If the President thinks there is a risk here, the answer is simply not to do it,” he said, adding that while risks might be taken over matters such as development or cabinet appointments, nothing that endangers judicial independence should ever be attempted, because it affects the fundamental rights of the entire population.

Isolation of the government’s position

Amarasuriya said the BASL, judges’ associations, the Mahanayake Theras and international bodies — including United Nations special rapporteurs — have all objected to the amendment, leaving the government alone in supporting it. He urged that no decision be rushed, and that a fair outcome be reached only after broad consultation with experts.

The government maintains the proposal forms part of a broader effort to strengthen the justice sector. The BASL has argued the measure risks creating uncertainty over judicial independence, and has said the 22nd Amendment requires a referendum.

Sources