By The Pulseline News Desk
Sri Lanka’s legal community is raising fresh concerns over the prolonged delay in appointing judges to the country’s two highest courts, warning that the growing number of vacancies could weaken the administration of justice and erode public confidence in the Judiciary.
In a letter to President Anura Kumara Dissanayake, the Bar Association of Sri Lanka (BASL) has called for the immediate appointment of judges to fill four vacancies in the Supreme Court and four in the Court of Appeal, arguing that the continued inaction risks placing the country’s justice system under increasing pressure.
The appeal has come at a time when the country’s superior courts are grappling with heavy caseloads and mounting expectations for the timely resolution of legal disputes. According to the BASL, operating with nearly a quarter of the approved judicial strength has inevitably increased the burden on sitting judges and could delay the hearing and determination of cases.
The BASL has said the prolonged vacancies are more than an administrative issue, describing them as a matter that directly affects public access to justice and confidence in the rule of law.
The association has also expressed disappointment that it had not received a response to its earlier communication regarding reports of a proposed Constitutional amendment to increase the retirement age of judges.
While acknowledging that any Constitutional reform falls within the authority of the Government and Parliament, the BASL has reiterated its concern that such changes could have implications for judicial independence if not handled with transparency and broad consultation.
The legal body has said it remains hopeful that President Dissanayake will give careful consideration to these concerns, particularly the potential impact that amendments affecting judicial tenure could have on public trust in the Judiciary.
The current vacancies in the Supreme Court arose following a series of retirements over the past year. According to the BASL, the first vacancy emerged with the retirement of Justice Gamini Amarasekara on June 20, 2025. Subsequent retirements of Justices S. Thurairaja, Kumudini Wickramasinghe and Priyantha Fernando have increased the number of vacant positions in the apex court to four.
The association has noted that the Court of Appeal is facing a similar situation, with four judicial positions also remaining vacant.
In its letter, the BASL has reminded the President that Article 107(1) of the Constitution places responsibility for appointing judges to the Supreme Court and Court of Appeal on the Head of State. It has argued that allowing these vacancies to remain unfilled for an extended period is inconsistent with the effective discharge of that Constitutional responsibility.
Beyond the immediate operational challenges facing the courts, the BASL has warned that continued delays in making appointments could fuel unnecessary speculation over the reasons for the inaction. Such perceptions, it said, may include assumptions that appointments are being withheld until particular individuals become eligible for elevation – an impression that could further undermine public confidence in the independence and integrity of the judicial appointments process.
The intervention by the country’s apex professional body for lawyers underscores growing concern within legal circles that the efficient functioning of Sri Lanka’s justice system depends not only on legal reform but also on ensuring that its courts are adequately staffed.
With litigation continuing to rise across civil, criminal and Constitutional matters, the BASL’s call places renewed attention on the need for timely judicial appointments to maintain the efficiency, independence and credibility of the country’s superior courts.
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