Anglican Church urges Govt. to withdraw proposed amendment on judges’ retirement age

Glocal
By Editor_1
-myarklamiss.com

COLOMBO – The Church of Ceylon (Anglican Church in Sri Lanka) has called on the government to immediately withdraw its proposed constitutional amendment to increase the retirement age of judges, warning that the move could undermine judicial independence, the rule of law and public confidence in the country’s democratic institutions.

The appeal was made in a joint statement issued by the Bishop of Colombo, Rt. Rev. Dushantha Rodrigo, and the Bishop of Kurunegala and Acting Head of the Anglican Church of Ceylon, Rt. Rev. Nishantha Fernando.

Expressing “deep concern and disappointment” over the Cabinet’s decision to proceed with the amendment, the Church said it hopes the President and Cabinet will give due consideration to the objections already raised by the Bar Association of Sri Lanka (BASL), the wider legal community and civil society.

The government has said the proposal is intended to retain experienced judges and expedite the disposal of pending cases.

However, the Church argued that this justification is weakened by the continued failure to fill long-standing vacancies in the Supreme Court and the Court of Appeal, as well as the absence of a clear policy rationale for the proposed amendment.

“In these circumstances, it is reasonable to question whether the amendment is truly being pursued in the public interest,” the statement said.

The Church noted that it has consistently advocated constitutional reforms aimed at reducing excessive executive powers, strengthening accountability, protecting independent institutions, safeguarding fundamental rights and addressing the concerns of minority communities.

It said that despite repeated commitments to constitutional reform, the government has not initiated a broad, consultative reform process.

Instead, the Church criticized the decision to introduce what it described as a sudden constitutional amendment on an issue that had neither featured prominently in recent constitutional reform discussions nor been presented to the public during the last election campaign.

The statement urged the heads of all three branches of government, the Executive, Legislature and Judiciary, to carefully consider the implications of the proposed amendment and reflect on its true purpose.

It also warned against what it described as a recurring pattern in Sri Lankan politics, where political leaders champion the independence of institutions while in opposition but later pursue policies that strengthen executive authority once in government.

Calling for the proposal to be withdrawn, the Church urged Parliament to uphold its constitutional role of holding the Executive accountable, while appealing to the Judiciary to remain vigilant in protecting judicial independence and public confidence in the administration of justice.

The Cabinet this week approved a proposal to amend the Constitution and the Judicature Act to increase the retirement age of judges. The proposal has also drawn opposition from the BASL, which has called for wider stakeholder consultation and the immediate filling of existing judicial vacancies before any constitutional changes are pursued.

–ENCL

Editor_1
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