President meets BASL, no agreement over proposed 22A to extend judges’ tenure

• President Anura Kumara Dissanayake says administration of justice does not rest solely with judiciary
• Says amendment represents only one component of broader reform program aimed at addressing issues across entire system
• BASL reiterates its concerns, urges Govt. not to proceed with 22nd Amendment at this stage, warning of impact on judicial independence

President Anura Kumara Dissanayake

Rajeev Amarasuriya

After nearly four months of fruitlessly seeking an audience with the Executive, the Bar Association of Sri Lanka (BASL) finally had the opportunity to meet President Anura Kumara Dissanayake and share their concerns about the proposed 22nd Amendment to the Constitution to extend the retirement age of judges.

After the meeting, BASL President Rajeev Amarasuriya said no agreement was reached, and expressed hope that the Government would reconsider the proposed constitutional amendment. 

The Government and the Bar issues separate statements on what transpired at the meeting and what was discussed.

The President’s Office, issuing a statement, said: “President Anura Kumara Dissanayake met with representatives of the BASL yesterday afternoon (12) at the Presidential Secretariat.

During the meeting, which lasted nearly an hour, attention was focused on the 22nd Amendment to the Constitution concerning the extension of the retirement age of judges, with representatives of the BASL presenting their views and recommendations on the matter.

The President listened to the matters raised and explained the Government’s position on the issue, as well as the measures being planned to strengthen and improve the country’s judicial system.

The President emphasised that the administration of justice does not rest solely with the judiciary, but is an integrated process encompassing investigations, prosecutions, and adjudication. Accordingly, he noted that the Government is taking steps to strengthen the human resources of the Attorney General’s Department, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), the Sri Lanka Police, and the Government Analyst’s Department to strengthen the overall process.

He further stated that plans are underway to expand the services of the CIABOC to the district level, increase the number of Court of Appeal judges, and provide the necessary infrastructure to enable the Court of Appeal to conduct proceedings on a regional basis, thereby making access to justice more convenient for the public.

The President also highlighted measures being taken to increase the number of High Court judges and provide the necessary physical infrastructure and facilities to courts, thereby making the judicial process more accessible to the public.

In this context, President Dissanayake stressed that the decision to extend the retirement age of judges was not taken with any individual or group in mind, but in the broader public interest.

The President further emphasised that this Amendment represents only one component of a broader reform program aimed at addressing issues across the entire system, and that it does not reflect his personal view or the position of the Government alone.

Representatives of the BASL stated that they had no policy objection to increasing the number of judges or extending the retirement age of judges. However, they proposed that the decision on extending the retirement age should be reconsidered with a view to reaching a broader consensus.”

Subsequently, the BASL issued the following statement: “The Ministry of Justice informed the BASL this morning that the seats were limited, and the number of the delegation had to be curtailed (to 20).

The delegation explained the position of the BASL and the reasons for its objection to the proposed constitutional amendment, from the perspective of the effect on the independence of the judiciary, as well as this not being a priority measure required for improving the system.

The BASL emphasised that the proposed Amendment would have a serious impact on the independence of the judiciary and that, in the circumstances, the proposed Amendment should not be proceeded with. 

The BASL further pointed out that there are several other urgent matters requiring the attention of the Government which must be given priority.

The BASL impressed upon His Excellency the President that, in view of the concerns raised regarding judicial independence and the absence of a demonstrated need for the proposed Amendment to be treated as a priority, the Government should not proceed with the proposed Amendment at this stage.

BASL President Rajeev Amarasuriya, BASL Deputy President Rienzie Arsakularatne, PC, Prof. Savithri Goonasekera, Geoffrey Alagaratnam, PC (Former President BASL), and Upul Jayasuriya (Former President BASL) expressed these views.

Amarasuriya, inviting Prof. Savithri Goonasekera to express her views, said that there was no better person than Prof. Savithri Goonasekera, with all her experience in the law, to explain the matter of the effect on the independence of the judiciary, which she did, commencing from the conceptual basis of the separation of powers, the imperative of independence of the judiciary, and the need for the judiciary to have public confidence at all times. She also drew a distinction between extension of tenure in the public sector and extension of tenure of judges who form one pillar of democracy.

His Excellency the President, in turn, explained the Government’s position on this proposal.

The BASL delegation, led by the President, proposed that a proper and meaningful consultative process be commenced, involving all relevant stakeholders, including the legal profession, judges, academics, and other stakeholders, before the Government decides on proceeding further. It was also suggested that the matter could possibly be referred to and considered by a Parliamentary Select Committee as part of such a consultative process.”