BASL calls for referendum on proposed judicial retirement age amendment

Glocal
By Editor_1

COLOMBO – The Bar Association of Sri Lanka (BASL) has called for the proposed 22nd Amendment to the Constitution, which seeks to extend the retirement age of Supreme Court and Court of Appeal judges, to be submitted directly to a referendum, warning that the move could have a significant impact on judicial independence.

In a statement strongly opposing the proposed amendment, the BASL questioned the government’s justification that extending judges’ retirement ages would help expedite pending cases and improve the efficiency of the judicial system.

The Association said the connection between those objectives and extending the tenure of judges remained unclear.

It also noted that religious leaders, civil society organizations, and lawyers’ and judges’ associations in several countries had expressed concerns over the proposed amendment.

The BASL raised questions about whether the amendment could constitutionally be enacted solely through a parliamentary vote, pointing to Articles 3 and 4(c) of the Constitution, which establish that sovereignty rests with the people and that judicial power is an aspect of that sovereignty.

It argued that any constitutional amendment affecting the retirement age of judges of the country’s highest courts would have implications for judicial independence and should therefore require the approval of the people at a referendum.

The BASL also warned of a potential conflict if the amendment is challenged before the Supreme Court after being presented to Parliament, noting that the Supreme Court could be required to determine the constitutionality of legislation affecting the tenure of its own judges, a situation it argued could undermine public confidence in the judiciary.

Highlighting the concerns, the BASL urged the government to submit the proposed amendment to a referendum if it proceeds with it despite the opposition raised by various stakeholders.

The BASL said such a process would avoid requiring the Supreme Court to determine the constitutionality of an amendment affecting the tenure of its judges and would allow the matter to be decided directly by the people.

-ENCL

Editor_1
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