Colombo HC lawyers warn against extending judges’ retirement age

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By Editor_1

By Thanujah Nagarajah

COLOMBO – The Colombo High Court Lawyers’ Association has voiced strong opposition to a government proposal to extend the retirement age of Court of Appeal and Supreme Court judges, warning that the move could undermine constitutional safeguards, disrupt judicial career progression, and erode public confidence in the independence of the judiciary.

In a letter addressed to President Anura Kumara Dissanayake, the Association said the Constitution currently sets the retirement age at 63 for Court of Appeal judges and 65 for Supreme Court judges, striking a balance between retaining judicial experience and ensuring opportunities for new appointments.

Noting that altering these limits without a clear constitutional justification would constitute a significant departure from established legal principles, the Association said the constitutional framework governing judicial retirement reflects a carefully considered balance between experience and renewal and warned any attempt to amend the arrangement without adequate justification could be viewed as an erosion of the constitutional compact between the state and the public.

It further warned that extending the tenure of serving judges would reduce vacancies in the higher courts, limiting promotion opportunities for judicial officers who have long awaited advancement to senior positions.

It also expressed concern that any measure perceived as executive involvement in determining judicial tenure could damage public trust in the impartiality and independence of the courts.

“Any action that creates a perception of executive influence over the tenure of judges risks undermining confidence in the judiciary,” the letter said.

The Association noted that Sri Lanka does not face a shortage of qualified legal professionals capable of serving on the higher judiciary, pointing to the availability of experienced candidates from the Judicial Service Commission, the Attorney General’s Department and the legal profession.

The Lawyers’ Association urged the government to withdraw the proposal, fill existing vacancies in the higher courts without delay, reaffirm its commitment to judicial independence, and ensure that future reforms affecting the judiciary are undertaken in consultation with legal experts and other stakeholders.

-ENCL

Editor_1
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