The Bar Association of Sri Lanka (BASL) says that the government must justify the institutional necessity behind its proposed constitutional amendment to extend judges’ retirement age before any further action is taken.
The seven-point resolution, unanimously passed at BASL’s Special General Meeting on Wednesday (29), sets out the Association’s formal position on changes that would affect the tenure of sitting judges, including those of the Supreme Court and Court of Appeal.
Rather than extending judicial tenure, the BASL noted that the government should first focus on filling existing judicial vacancies through the standard constitutional appointment process.
The BASL urged the implementation of measures already outlined in the Justice Sector Assessment and Strategic Action Plan, including steps to reduce case backlogs, strengthen institutional capacity, modernise court infrastructure and widen access to justice.
On the specific proposal to raise the retirement age, the BASL insisted that it must not proceed without transparent, evidence-based justification, genuine consultation with stakeholders and a full assessment of its constitutional consequences.
It said that any review of judicial retirement ages should only be considered within the context of a comprehensive constitutional and judicial reform process, one that follows extensive public consultation and independent expert evaluation.
It also reaffirmed its resolve to defend judicial independence, the separation of powers, the rule of law and constitutional governance, authorising its office-bearers to pursue all lawful measures, both within Sri Lanka and abroad, to protect these principles.
The BASL’s final resolution appealed directly to the President, the government and Members of Parliament to withhold any constitutional amendment affecting judges’ tenure unless it is demonstrably necessary, transparently developed, widely consulted upon and consistent with the country’s constitutional traditions and international commitments on judicial independence.