Commonwealth Lawyers Association's influence against amending Sri Lanka's judicial retirement age limit

The Commonwealth Lawyers Association (CLA) strongly urges the Government of Sri Lanka to immediately withdraw the proposed constitutional amendment to extend the retirement age of judges of the Supreme Court and Court of Appeal in Sri Lanka. Mr. Steven Thiru, President of the Association, points out that this proposed measure could cause serious damage to the independence of the judiciary and public confidence in the judicial system.

The President made this statement addressing a public conference organized by the Bar Association of Sri Lanka (BASL). He further stated that he appreciates the stance taken by the Bar Association of Sri Lanka in upholding the rule of law and the independence of the judiciary, and that he will cooperate with them.

While not opposed in principle to increasing the retirement age, Mr. Thiru expressed his objection to the manner in which it is being done. Citing experiences from other countries, he pointed out that such reforms should occur transparently and after a broad consultative process. He emphasized that doing this suddenly, in a way that benefits currently serving judges, is problematic.

Mr. Thiru warned that making such amendments during a politically sensitive period could create a misconception among the public that the executive is influencing the independence of the judiciary. He also pointed out that changing judges' terms of office for political convenience poses a significant threat to the legitimacy of the judiciary.

Mr. Steven Thiru reiterated that judicial appointments, in accordance with Commonwealth principles and international standards, should be for a fixed term and should not be subject to serving at the executive's discretion. Considering these points, he urged the Government of Sri Lanka to withdraw the relevant proposal and to obtain the consensus of all parties when implementing future judicial reforms.