22nd Amendment judgment sent to Speaker ahead of parliamentary sessions

By The Pulseline News Desk

The Supreme Court’s judgment on petitions challenging the proposed 22^nd Amendment to the Constitution, which seeks to extend the retirement age of judges of the superior courts, has been sent to the Office of the Speaker, setting the stage for the Government to proceed with the proposed constitutional amendment in Parliament.

The judgment was transmitted to Speaker Jagath Wickremaratne on Friday (18) and is expected to be made public on Tuesday (22).

Parliament is scheduled to debate the 22^nd Amendment on September 24 and 25, placing the Supreme Court’s determination at the centre of the parliamentary process.

The proposed amendment has generated considerable political and legal debate, particularly over its implications for the independence of the judiciary and the constitutional framework governing the tenure of superior court judges.

A number of petitions were filed before the Supreme Court challenging the proposed legislation. A five-judge bench, headed by Chief Justice Preethi Padman Surasena, heard the petitions.

The proceedings also saw arguments over the composition of the bench and the constitutional principles relating to judicial independence and the separation of powers.

The Supreme Court’s determination is now expected to clarify whether the proposed amendment requires approval by a special majority in Parliament and/or a referendum, depending on the constitutional provisions identified by the Court.

With the judgment due to be made public just days before the parliamentary debate, the determination is likely to become a key reference point for lawmakers when the Bill is taken up on September 24 and 25.

The Government has maintained that the proposed amendment is intended to address the retirement age of superior court judges, while opponents have raised concerns about the potential impact on judicial independence and the institutional balance between the Executive, Legislature and Judiciary.

The publication of the Supreme Court’s determination will therefore provide the constitutional basis on which Parliament will proceed with the legislation.