COLOMBO – The Bar Association of Sri Lanka (BASL) has accused the government of violating the Constitution by failing to fill long-standing vacancies in the country’s superior courts, while raising concerns over the Cabinet-approved proposal to extend the retirement age of judges.
BASL President Attorney-at-Law Rajeev Amarasuriya, appearing on a local TV interview program, said there are currently eight vacancies in the Supreme Court and the Court of Appeal that remain unfilled despite the President’s constitutional responsibility to nominate suitable candidates.
He said the prolonged delay in making the appointments raises serious constitutional concerns.
“The President has a constitutional duty to fill these vacancies. The continued failure to do so amounts to a violation of the Constitution,” Amarasuriya said.
The BASL President also criticized the government’s handling of the proposal to increase the retirement age of judges, alleging that the process lacked transparency, noting that government representatives had previously stated they were unaware of any such proposal, but the measure has since been approved by the Cabinet without consultation with key stakeholders, including the BASL.
Amarasuriya said that if there is a genuine need to amend the retirement age of judges, the proposal should first be subjected to a transparent public consultation.
He further argued that if the government intends to proceed with a constitutional amendment to effect the change, it should seek the approval of the people through a referendum.
Questioning the urgency of the move, Amarasuriya said there had been no indication only weeks earlier that such a proposal was under consideration, adding that the government’s immediate priority should instead be filling the existing judicial vacancies.
Meanwhile, the Cabinet this week approved a proposal to extend the retirement age of judges serving in all courts, including the Supreme Court and the Court of Appeal.
Justice Minister Harshana Nanayakkara said the approval was granted at Monday’s (26) Cabinet meeting chaired by President Anura Kumara Dissanayake.
-ENCL
Comments are closed, but trackbacks and pingbacks are open.