BASL writes to President over delays in appointing Judges

President Anura Kumara Dissanayake 

• Records grave concern regarding prolonged delay in filling eight vacancies in the Supreme and Appeal courts

The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to expedite the appointment of judges to four vacancies in the Supreme Court and four in the Court of Appeal, warning in a letter that the prolonged delay is adversely affecting the administration of justice and undermining public confidence in the judicial system.

The BASL said: We write further to our letter dated 25th May 2026 concerning the reported proposal to amend the Constitution to increase the retirement age of Judges of the Supreme Court and the Court of Appeal.

Whilst we are yet to receive a response thereto, we remain hopeful that Your Excellency will give due consideration to the concerns raised by the Bar Association of Sri Lanka (BASL) and appreciate the adverse implications such a measure may have for the independence of the Judiciary and public confidence in the administration of justice.

ln addition to the matters raised therein, the BASL wishes to place on record its grave concern regarding the prolonged delay in filling four vacancies in the Supreme Court and four vacancies in the Court of Appeal.

The first of the existing vacancies in the Supreme Court arose upon the retirement of Justice Gamini Amarasekara on 20th June 2025. Thereafter, the retirements of Justices S. Thurairaja PC, Kumudini Wickramasinghe, and Priyantha Fernando have resulted in the present four vacancies in that Court.

ln addition, there are four existing vacancies in the Court of Appeal which also remain unfilled. Your Excellency would no doubt appreciate the constitutional responsibility vested in the President under Article 107(1) of the Constitution to appoint the Judges of the Supreme Court and the Court of Appeal. The continuation of these vacancies over a prolonged period is inconsistent with the effective discharge of that important constitutional function.

The failure to fill these eight vacancies has consequences extending beyond the career progression of members of the Judiciary. More importantly, it places a significant additional burden on the Supreme Court and the Court of Appeal, both of which are now required to discharge their judicial functions with close to twenty-five per cent fewer Judges than their full complement. inevitably, this has the potential to adversely affect the administration of justice and the timely disposal of matters coming before these Courts.

Further, the absence of appointments over an extended period may give rise to speculation as to the reasons for such delay, including perceptions that appointments are being deferred pending the eligibility of particular individuals.

Whether justified or otherwise, such perceptions have the potential to undermine public confidence in the independence and integrity of the judicial appointments process, and consequently, the Judiciary itself.

It is in these circumstances that the BASL urges Your Excellency to take expeditious steps to fill the existing four vacancies in the Supreme Court and four vacancies in the Court of Appeal, thereby strengthening the administration of justice and reinforcing public confidence in the independence and efficiency of the Judiciary.

We do look forward to Your Excellencies positive response to the foregoing”.