BASL holds public forum over retirement age of judges

The Public Forum convened by the Bar Association of Sri Lanka (BASL) on 4 July 2026, to elaborate upon its position regarding the reported proposal to amend the Constitution to extend the retirement age of Judges of the Supreme Court and the Court of Appeal, was successfully concluded with the participation of a wide cross-section of members of the legal profession, civil society, the diplomatic community, political representatives and other participants.

As previously communicated in its letter dated 25 May 2026 addressed to President Anura Kumara Dissanayake, the BASL reiterated its considered position that any ad hoc constitutional amendment seeking to extend the retirement age of sitting Judges of the Supreme Court and the Court of Appeal is neither necessary nor desirable, as it is likely to undermine public confidence in the independence of the Judiciary, weaken the Rule of Law and set an undesirable constitutional precedent.

In a statement the BASL noted with concern that certain media reports have selectively quoted portions of the speeches delivered at the Forum while omitting the broader context in which those remarks were made. Such selective reporting has created an inaccurate and misleading impression of both the purpose of the Forum and the position adopted by the BASL. It is unfortunate that these inaccurate reports pertaining to the stand taken by the BASL are being shared on social media, even by those holding responsible public office.

The BASL in its statement respectfully reminded all media institutions that matters concerning the Constitution, the Rule of Law and the independence of the Judiciary are of profound national importance. Such matters deserve to be reported accurately, fairly, and in their proper context so that the public may be correctly informed.

The BASL therefore encourages the public to consider the complete position adopted by the Association, together with the annexed summaries of the addresses delivered at the Forum, rather than rely upon isolated extracts or incomplete media reports.

The Public Forum was convened to elaborate upon that position.

At the commencement of the Forum, the President of the BASL expressly clarified that the BASL's position is one of constitutional principle. It is not directed against any individual Judge, is not based on who presently occupies judicial office, and is not intended to support or oppose any political party or Government. The issue under discussion concerned the constitutional implications of the proposed amendment and its potential impact on judicial independence and public confidence in the administration of justice.

Throughout its history, the BASL has regarded the protection of the Rule of Law and the independence of the Judiciary as among its foremost responsibilities. Whenever those constitutional values have appeared to be under challenge, irrespective of the Government of the day or the individuals concerned, the BASL has considered it its duty to express its views based solely on principle and policy.

Every speaker who addressed the Forum emphasised the importance of safeguarding judicial independence and expressed opposition to the proposed extension of the retirement age of Judges of the Supreme Court and the Court of Appeal.

It was also pointed out at the Forum that there has been no request made by any stakeholder in the system of administration justice to extend the retiring age of the Superior Court Judges. It was further pointed out that the Government’s Manifesto promises to the people inter-alia the abolition of the Executive Presidency and a new Constitution and not ad hoc amendments to the existing Constitution such as this.

The distinguished panel comprised: Steven Thiru, President of the Commonwealth Lawyers’ Association; Yap Teong Liang, President of LAWASIA; Prof. Savitri Goonesekere, Emeritus Professor of Law, University of Colombo; Rohan Edrisinha, Former Senior Political Officer and Constitutional Advisor at the United Nations Department of Political Affairs; Dr. Deepika Udagama, Former Chairperson of the Human Rights Commission of Sri Lanka and the Former Head of the Department of Law, University of Peradeniya; M.A. Sumanthiran, PC. and Former Member of Parliament; Srinath Perera, PC; Geoffrey Alagaratnam, PC., Former President of the Bar Association of Sri Lanka; Anura Meddegoda, PC., Former President of the Bar Association of Sri Lanka and  K. W. Janaranjana, AAL, Senior Journalist.

Each speaker approached the issue from his or her own professional perspective, yet there was a remarkable consensus regarding the constitutional and institutional concerns arising from the proposed amendment.

The BASL said it remains steadfast in its commitment to uphold the Rule of Law, preserve the independence of the Judiciary and protect public confidence in the administration of justice. “These constitutional values transcend personalities, Governments and political considerations, and remain indispensable to the democratic governance of Sri Lanka,” it added.