The government expects the 22nd Amendment to the Constitution to be enacted into law by the end of September or early October, Cabinet Spokesman Nalinda Jayatissa said, giving the first concrete timeline for a measure that has drawn sustained opposition from the judiciary’s defenders.
Speaking to reporters on Sunday, the Health Minister said the Bill — which seeks to raise the retirement age of judges — will be presented to Parliament on August 18.
Court challenge window opens after tabling
Once the Bill is tabled, members of the public will be able to challenge it by filing petitions before the Supreme Court, Dr. Jayatissa said.
The court will consider any petitions and communicate its determination to Parliament. “The Supreme Court will decide whether the Bill requires a two-thirds majority in Parliament or must also be approved through a referendum,” he said.
The government intends to move ahead with enactment once that determination reaches Parliament, he added.
Opposition from prelates, lawyers and international bodies
The proposal to extend judges’ retirement ages has met resistance from the Chief Prelates, the Bar Association of Sri Lanka, opposition parties and several international organisations, Daily Mirror reported.
The Bill was gazetted on August 7 alongside a companion amendment to the Judicature Act. The BASL has warned it will pursue legal avenues against the amendment, while opposition parties have asked that any petitions be heard before a full bench of the Supreme Court.
The Chief Prelate of the Kotte Sri Kalyani Samaggri Dharma Maha Sangha Sabhawa said on Sunday he would consult the three main Buddhist chapters on the amendment before conveying his position to President Anura Kumara Dissanayake.
