By The Pulseline News Desk
The Government is set to present its controversial 22nd Amendment to the Constitution to Parliament on Tuesday (18), paving the way for a parliamentary and potentially judicial examination of its proposal to extend the retirement age of superior court judges.
Minister of Justice Harshana Nanayakkara said the Constitutional Amendment Bill would be tabled on 18 August, together with the Judicial Organizations Amendment Bill.
The move comes amid mounting opposition to the proposed changes from religious leaders, the legal fraternity, opposition political parties and several international organisations, which have raised concerns over the potential implications for judicial independence.
Despite the criticism, the Government proceeded to publish the 22nd Amendment Bill in the Gazette on 7 August, formally setting the legislative process in motion.
Under the proposed amendment, the mandatory retirement age of Supreme Court judges would increase from 65 to 67, while the retirement age of Court of Appeal judges would rise from 63 to 65.
The Government has maintained its position on the proposed changes despite calls from various quarters to reconsider the move.
The issue has become one of the more contentious constitutional questions facing the Government, particularly given concerns that changes to the tenure of serving judges could have implications for the independence and public confidence of the judiciary.
The Bar Association of Sri Lanka (BASL) has been among the most prominent critics of the proposed amendment. During a recent meeting with President Anura Kumara Dissanayake, the BASL President and other representatives reiterated the organisation’s position on the proposed constitutional change.
The Government’s decision to proceed now brings the proposal into a constitutionally significant phase.
Once a Bill is presented in Parliament, there is a 14-day period during which its constitutionality may be challenged before the Supreme Court. Any such petitions would require the Supreme Court to examine whether the Bill is consistent with the Constitution and whether it requires approval through a special parliamentary majority or a referendum.
Following the examination of any petitions, the Supreme Court is required to communicate its determination to Parliament within three to 21 days, depending on the circumstances of the proceedings.
The August 18 presentation will therefore mark the beginning of the next stage of the dispute, potentially opening the way for a legal challenge before the Supreme Court.
The controversy surrounding the amendment has also attracted attention beyond Sri Lanka, with international voices expressing concern over proposed changes to the tenure of superior court judges.
For the Government, however, the decision to table the Bill indicates that it intends to push ahead with the reform despite the opposition.
The coming weeks are therefore likely to be closely watched, as the proposed extension of judicial retirement ages moves from a political debate into the formal constitutional and legislative process.
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