By The Pulseline News Desk
The Church of Ceylon has joined a growing chorus of opposition to the government’s proposed constitutional amendment to raise the retirement age of appellate court judges, warning that the move risks undermining judicial independence, the rule of law and public confidence in the justice system.
In a strongly worded statement, the Anglican Church in Sri Lanka expressed “deep concern and disappointment” over the Cabinet’s decision to proceed with the amendment despite widespread objections from the legal fraternity and civil society.
The Church said it had hoped President Anura Kumara Dissanayake and the Cabinet would heed the concerns raised by the Bar Association of Sri Lanka (BASL), legal professionals and civil society organisations, all of whom have argued that extending the tenure of judges could weaken the independence of the Judiciary.
Questioning the government’s stated rationale, the Church noted that ministers had justified the amendment as a means of addressing the backlog of court cases. However, it argued that this explanation was difficult to reconcile with the continued failure to fill existing vacancies in the appellate courts.
“The government’s justification is undermined by the fact that many appellate court vacancies remain unfilled without any rational explanation,” the statement said.
“We can only conclude, therefore, that the real motivation for this amendment lacks bona fides.”
The Church also criticised the government for prioritising a constitutional amendment that had not featured in its election manifesto or recent constitutional reform discussions, while failing to deliver on broader constitutional reforms it had previously pledged.
It recalled its longstanding advocacy for the abolition of the Executive Presidency, the strengthening of independent institutions, meaningful devolution of power and constitutional measures to address longstanding grievances of minority communities.
According to the Church, pursuing an amendment that was never presented to the electorate raises serious concerns about both its democratic legitimacy and constitutional propriety.
The latest intervention adds further pressure on the government over the controversial proposal, which has already drawn criticism from the BASL and the Judicial Service Association of Sri Lanka (JSASL), both of which have warned that changing the retirement age of judges could have far-reaching implications for judicial independence, institutional integrity and public trust.
Calling for the proposal to be abandoned, the Church urged the President and Cabinet to withdraw the amendment before it is presented to Parliament.
It also reminded Parliament of its constitutional responsibility to act as a check on executive power and appealed to the Judiciary to carefully consider the long-term consequences the amendment could have on the reputation of the courts and the rule of law.
With religious leaders now joining legal institutions in voicing concern, the debate over the proposed amendment is increasingly widening beyond the legal community, placing additional political pressure on the government as it prepares to move ahead with the constitutional changes.
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