By The Pulseline News Desk
The Cabinet of Ministers has approved the publication of the draft 22nd Amendment to the Constitution Bill and the Judicature (Amendment) Bill in the Government Gazette, taking the government’s controversial judicial reform package a step closer to Parliament.
According to Cabinet decisions issued following Monday’s (3) meeting, the proposed legislation is aimed at strengthening the independence of the judiciary while improving the efficiency of Sri Lanka’s judicial system.
The Cabinet paper states that the draft bills were prepared after policy approval was granted on July 27 and have since received the Attorney General’s clearance regarding their constitutionality. The approval allows the bills to be published in the Gazette before being presented to Parliament for debate and approval.
The proposals come against the backdrop of mounting concerns over delays in Sri Lanka’s justice system, with more than 1.1 million cases currently pending before courts across the country. The government has argued that the reforms are intended to improve the administration of justice and address long-standing inefficiencies.
However, the reform package has become politically contentious, largely due to provisions relating to the retirement age of Supreme Court and Court of Appeal judges. While the government maintains the changes are part of broader judicial reforms, the proposals have drawn strong opposition from the Bar Association of Sri Lanka (BASL), former judges and several local and international legal organisations, who argue that extending the tenure of sitting judges could undermine judicial independence.
The controversy deepened this week after Opposition Leader Sajith Premadasa cited a 2022 Supreme Court determination in Parliament, arguing that any constitutional amendment affecting the retirement age of incumbent superior court judges would require approval at a referendum as it would impact judicial independence protected under Article 3 of the Constitution.
With the bills now set to be gazetted, they are expected to face Supreme Court challenges before Parliament begins debating what is shaping up to be one of the government’s most closely watched constitutional reform initiatives.
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