The 22nd Constitutional Amendment Bill, prepared to extend the retirement age of judges of the higher courts, is scheduled to be presented to Parliament on the upcoming 18th. Minister of Justice and National Integration, Attorney Harsha Nanayakkara, has stated to the Lankadeepa newspaper that this bill is being introduced as a positive step in the government's program to overcome shortcomings in the judicial sector and make it a more efficient system.
This constitutional amendment, announced recently through a gazette notification, proposes to increase the retirement age of Supreme Court judges from 65 to 67 years, and the retirement age of Court of Appeal judges from 63 to 65 years.Strong opposition to this proposed bill is currently being expressed by various parties. The Judicial Service Association, the Bar Association of Sri Lanka, several opposition political parties, religious leaders including the Mahanayake Theros of the three Nikayas, and several international organizations led by the United Nations have all expressed their strong disapproval. Although a discussion was held between the President and the Bar Association of Sri Lanka on the 12th regarding this matter, no clear agreement could be reached on the existing disagreements.
After a bill presented to Parliament undergoes its first reading, a 14-day period is granted to challenge it before the Supreme Court, in accordance with Article 121 of the Constitution. Thereafter, the Supreme Court is responsible for hearing the relevant petitions and informing Parliament of its decision within a period of 3 to 21 days. According to these constitutional provisions, the Bar Association of Sri Lanka and various civil organizations have already decided to file the highest number of petitions against the said bill before the Supreme Court.
Kalutara District Parliamentarian and Attorney Ajith P. Perera of the Samagi Jana Balawegaya states that they will continuously struggle against this government's move. The MP accused that granting an additional two years to a judge who is scheduled to retire at 65 is clearly a bribe, and mentioned that even a representative of the United Nations has sent a letter to the President expressing opposition to this. He further emphasized that this decision would lead to the destruction of the entire country, the judicial system, and even the President.