By Ceylon Signal 
The Bar Association of Sri Lanka (BASL) has issued a strongly worded statement cautioning the Government over the proposed 22nd Amendment to the Constitution, warning that the move has triggered a “serious and troubling situation” with direct implications for judicial independence.
According to the BASL, the Government has claimed that the amendment seeks to expedite court proceedings and enhance judicial efficiency. However, the association notes that the proposal to extend the retirement age of judges bears no clear or rational connection to those stated objectives.
Calls for Referendum if Government Proceeds
The BASL stresses that if the Government continues to advance the amendment while disregarding widespread objections, the Cabinet must directly present the bill to the people through a referendum. This, the association argues, is necessary due to the constitutional sensitivity of altering the retirement age of superior court judges—an area protected by entrenched provisions of the Constitution.
By opting for a referendum, the BASL says, the Government can avoid placing the Supreme Court in a position where it must rule on a matter that directly affects the judiciary itself.
Judicial Independence and Constitutional Entrenchment
The BASL cites the Supreme Court’s 2022 special determination in case SC SD 64–71/2022, in which the Court observed:
“Any constitutional amendment that directly or indirectly affects the retirement age or tenure of currently serving judges impacts the independence of the judiciary and would violate Article 3 of the Constitution, which requires approval by the people at a referendum.”
This determination, the BASL notes, makes it clear that the proposed amendment falls within the category of entrenched constitutional provisions. As such, it cannot be enacted without the explicit approval of the people.
Lack of Consultation Raises Alarm
The BASL expresses deep concern that, unlike in other jurisdictions where similar reforms are preceded by transparent and inclusive consultation processes, no meaningful stakeholder consultations have taken place in Sri Lanka.
The association warns that the unusual haste with which the amendment is being advanced undermines public trust and sets a dangerous precedent, potentially enabling future governments to manipulate the judiciary’s functioning and independence.
A Threat to Public Confidence
According to the BASL, the absence of a consultative process and the rushed nature of the proposal could erode public confidence in the justice system and weaken constitutional safeguards designed to protect judicial independence.
The association concludes that any attempt to alter the retirement age of superior court judges must be subjected to direct public approval, reaffirming the people’s role as the ultimate custodians of judicial power.
