The 22nd Constitutional Amendment Draft Bill and the Judicature (Amendment) Bill are set to be presented before Parliament today (18), with the Opposition already preparing to contest both pieces of legislation at their first reading.
Minister of Justice and National Integration Harshana Nanayakkara is expected to table the Bills at the commencement of the main business of Parliament.
What the bills propose
The 22nd Amendment, if passed, would raise the retirement age of Supreme Court judges from 65 to 67, while extending the retirement age of Court of Appeal judges from 63 to 65.
The Judicial Organisation (Amendment) Bill, would raise the retirement age of judges serving in the High Courts, District Courts and Magistrates’ Courts to 62, should it be enacted.
Legal process and timeline
Under standard parliamentary procedure, a Bill must be presented for its first reading one week after its Gazette notification is issued, after which a further one-week window opens for it to be challenged before the Supreme Court. The Supreme Court, in turn, is required to communicate its determination to the Speaker of Parliament within a period of between three and 21 days of considering any petitions filed against the legislation.
Opposition to challenge
The Opposition, led by the Samagi Jana Balawegaya (SJB), has resolved to object to both Bills when they are presented for their first reading today, a decision reportedly reached during an Opposition parliamentary group meeting held yesterday (17) evening.
Plans have also been proposed to file petitions challenging the two Bills before the Supreme Court, with a request that a full bench comprising all thirteen Supreme Court judges be appointed to hear the matter.