Cabinet approves constitutional amendments to extend judges’ retirement age

Glocal
By Editor_1
-srilankachronicle.com

COLOMBO – Sri Lanka’s Cabinet has approved a proposal to amend the Constitution and the Judicature Act No. 2 of 1978 to increase the mandatory retirement age of judges, with the government saying the move is aimed at retaining experienced judges and reducing the country’s mounting court backlog.

Cabinet Spokesman and Minister Nalinda Jayatissa announced that the proposal received Cabinet approval this week, adding that the Legal Draftsman has been instructed to prepare the necessary amendments to the Constitution and the Judicature Act.

“The need to increase the existing statutory retirement age of judges has been identified so that the courts can continue to benefit from the services of experienced and knowledgeable judges,” Jayatissa told reporters.

The proposal will apply to judges serving at all levels of the judiciary, including the Supreme Court and the Court of Appeal.

Jayatissa rejected the allegation that the move is intended to extend the tenure of the incumbent Chief Justice, saying, “This is not aimed solely at extending one person’s term. The proposal is part of broader efforts to strengthen the judiciary and increase judicial capacity across the court system”.

Justice and National Integration Minister Harshana Nanayakkara also defended the proposal, dismissing claims that it would undermine judicial independence.

He said retaining experienced judges was essential to addressing the large number of pending cases before both the superior and lower courts.

“Ordinary citizens have been affected by delays in the justice system. While establishing new courts and digitizing court processes are important, those measures alone will not resolve the backlog quickly,” Nanayakkara said.

He noted that retired judges often continue to work in the legal profession after leaving the Bench and questioned the criticism surrounding extending their service by an additional two years.

“The decision is to extend the service period of all judges, not to benefit any particular individual. This will not affect the independence of the judiciary,” he reiterated.

Nanayakkara also pointed to challenges in recruiting new judges, noting that although around 50 candidates recently applied to join the judicial service, only 33 were approved by the Judicial Service Commission.

He said retaining experienced judges while new appointments are made would help improve the efficiency of the courts.

However, the proposal has drawn criticism from the Bar Association of Sri Lanka (BASL), which has urged the government to prioritize filling long-standing vacancies in the Supreme Court and Court of Appeal instead of extending judges’ retirement ages.

The BASL has also questioned the lack of consultation with key stakeholders before approving the proposal and called for greater transparency if constitutional amendments are to be introduced.

The association further noted that the Judicial Service Association, representing District Judges and Magistrates, has unanimously opposed increasing the retirement age of judges at any level of the court system.

-ENCL

Editor_1
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