By The Pulseline News Desk
President Anura Kumara Dissanayake (AKD) has told the Bar Association of Sri Lanka (BASL) that he is prepared to risk losing the presidency if that is the price of pursuing what he considers necessary systemic reforms, as he defended the Government’s controversial move to extend the retirement age of superior court judges.
Addressing BASL representatives on Wednesday (12), President Dissanayake said he had approached the discussion with an open mind, but insisted that his position on the proposed constitutional changes was firmly grounded in the Constitution and not driven by any intention to exercise executive power beyond its limits.
His remarks came amid growing opposition from the legal profession to the proposed 22nd Amendment, particularly the extension of the retirement age of Supreme Court and Court of Appeal judges.
The President made clear that he was aware of the political risks associated with the proposed changes and was prepared to accept them.
“I am also someone who is prepared to take risks in order to bring about change,” he said, arguing that meaningful change could not be achieved without accepting a degree of risk.
He went further, saying that if accepting such risks resulted in him losing office, he was prepared to leave.
‘I did not come into office to remain indefinitely’
Responding to concerns that a constitutional amendment could eventually force him out of office, Dissanayake said he had not entered the presidency with the intention of remaining in power indefinitely.
He cited the Government’s approach to the Easter Sunday attacks investigation as an example of his willingness to accept personal risk in pursuit of what he considers necessary change.
The President noted that the investigation involves the intelligence services, who are also responsible for his security, but said he was nevertheless prepared to engage with the process despite being conscious of the potential risks to his personal safety.
“If, as a result of accepting that risk, I lose my position, I am fully prepared to accept that outcome and leave office,” he said.
‘This is not about a particular individual’
A central issue raised by BASL was whether the proposed judicial changes could amount to a privilege or undue advantage for particular judges.
Dissanayake rejected that interpretation, arguing that almost any change to the judiciary could potentially be portrayed as benefiting individuals.
He pointed to previous increases in the number of judges in the Supreme Court and Court of Appeal, saying such changes could also be interpreted as having been designed to accommodate particular individuals.
He insisted that the present proposal was not structured around any particular judge.
“I made every effort to ensure that this was not structured as a privilege centred on any particular individual,” he said.
Instead, the President described the proposal as an attempt to move the judicial system from its present state to a more advanced level.
He also dismissed the argument that the timing of the reform necessarily indicated favouritism, saying that whenever a retirement-age change is introduced, some judges will inevitably have retired immediately beforehand while others will benefit from it after its implementation.
Easter Sunday case behind delayed appointments
Dissanayake also offered a detailed explanation for why certain vacancies in the Court of Appeal had remained unfilled.
He said the decision was linked to the Easter Sunday attacks case, which involves approximately 23,000 charges and 3,000 witnesses and is currently being heard by a three-member High Court Bench comprising some of the most senior High Court judges.
The President said he had considered the possibility that a judge appointed to the Court of Appeal could affect the progress of the case, particularly because the case was approaching its final stage.
He also said he had considered whether failing to appoint the judge could itself place that judge at an unfair disadvantage.
According to Dissanayake, the Government’s objective was to ensure that the long-running Easter Sunday case could reach its conclusion rather than risk having to begin the process again.
“If I had wanted to, I could have allowed the Easter Sunday case to collapse,” he said, pointing to the enormous number of charges and witnesses involved.
He said the decision to keep the vacancies open was therefore not intended to benefit any particular individual or group.
The President said he expected the issue of the vacancies to be resolved within approximately one month.
Focus shifts from judges to the wider justice system
Perhaps the broader message from the President’s meeting with BASL was that the Government views the proposed constitutional amendment as only one component of a much larger judicial reform programme.
Dissanayake said there was little point in simply increasing the number of judges without addressing weaknesses in investigations, prosecutions, court infrastructure and staffing.
He announced plans to establish 24 regional offices of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), noting that approval had been granted to recruit 373 officers.
The Government also intends to strengthen the Police investigative capacity by recruiting an additional 10,000 officers and providing them with improved equipment and technology.
Dissanayake said the Attorney General’s Department would also require strengthening, with approval already granted to recruit 50 additional legal officers.
He said measures were also being considered to improve remuneration and promotion structures to help retain experienced legal professionals.
More courts, more judges and digitalisation
The President said the Government plans to establish around 11 new High Courts, primarily across 10 districts, while increasing the approved cadre of High Court judges from 110 to 120.
He also proposed increasing the number of Court of Appeal judges by four, partly to facilitate the constitutional provision allowing the Court of Appeal to sit at provincial level.
The Government, he said, was also moving to address shortages among judicial support staff. Of approximately 1,007 vacancies, approval had already been granted to recruit around 260 personnel.
The President said more than 21,000 applications had been received for those positions.
Digitalisation of the judiciary was another area highlighted during the discussion, with the Government seeking to accelerate the implementation and testing of digital systems in the Supreme Court and Court of Appeal.
‘We need systemic change’
Dissanayake maintained that the Government’s approach was not about extending the tenure of judges for its own sake, but about transforming the judicial system as a whole.
He acknowledged BASL’s concerns over perceptions of undue influence, but argued that public confidence in the judiciary must be considered alongside the need to address longstanding institutional weaknesses.
The President also defended the independence of judicial appointment processes, saying he would not interfere with selection panels or instruct them to appoint candidates simply because a particular number of positions had been approved.
He argued that such interference would itself undermine judicial independence.
Ultimately, Dissanayake sought to frame the dispute over the retirement age not as a battle between the executive and the judiciary, but as part of a wider confrontation over how Sri Lanka’s justice system should be restructured.
His message to the BASL was clear: the Government is willing to listen to criticism, but it does not intend to abandon what it believes is a necessary programme of systemic change — even if pursuing that agenda carries political risks for the President himself.
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