BASL reiterates 22nd Amendment requires referendum, urges Govt. to withdraw Bill

Thursday, 13 August 2026 00:00 - - {{hitsCtrl.values.hits}}

The Bar Association of Sri Lanka (BASL) yesterday urged the Government to withdraw the proposed 22nd Amendment to the Constitution, reiterating that extending the retirement age of Superior Court judges cannot be validly enacted without approval of the people at a referendum.

The BASL, in a statement, said the Bill gazetted on 7 August primarily seeks to extend the retirement age of Supreme Court and Court of Appeal judges, but argued that the link between the change and the Government’s stated objective of expediting hearings and improving judicial efficiency “remains obscure”.

It said the legal community, including the BASL and Judicial Service Association, had opposed the amendment on the grounds that it interferes with judicial independence, with concerns also raised by religious leaders, civil society groups and overseas legal and judges’ associations.

Citing Articles 3, 4(c) and 107 of the Constitution, the BASL maintained that judicial independence and judicial power are tied to the sovereignty of the people.

It also cited the Supreme Court’s Special Determination SC SD 64–71/2022, which held that a constitutional amendment to the retirement age or period of office affecting incumbent judges would impinge on judicial independence and violate Article 3, requiring a referendum.

The BASL warned that if the Bill is placed on Parliament’s Order Paper, a constitutional challenge could require Supreme Court judges to determine the legality of an amendment extending their own tenure, placing them in an “embarrassing and constitutionally sensitive position”.

If the Government nevertheless decides to proceed, the BASL said the Cabinet should directly submit the Bill to the people at a referendum, thereby shielding the Supreme Court from having to determine the issue.

It also criticised the absence of consultation with key stakeholders and what it described as the “unusual haste” in advancing the proposal, warning that this could undermine public confidence and create a precedent for future interference with the Judiciary.

“The BASL is therefore conscious of its duty to zealously safeguard the independence of the Judiciary, which constitutes an indispensable cornerstone of the Rule of Law and constitutional governance,” it said.

The BASL urged the Government not to proceed with the 22nd Amendment in its present form, saying judicial independence, dignity and credibility were essential to public confidence in the administration of justice.