Sri Lanka Supreme Court to hear petitions on judges' retirement age Bill

Colombo,UPDATED: Aug 31, 2026 16:54 IST

Sri Lanka's Supreme Court will hear a batch of petitions challenging the constitutionality of the proposed 22nd Amendment to the Constitution, which seeks to raise the retirement age of judges in the higher and lower courts. The move has triggered a political and legal dispute, with critics saying it could affect judicial independence and supporters arguing it is needed to tackle a large backlog of cases.

The hearing is due to begin on Tuesday before a five-member Supreme Court bench appointed by Chief Justice P P Surasena. The bench, which includes the Chief Justice, will hear more than 25 petitions filed against the Bill and three petitions in support of it, according to an announcement made on Monday.

The proposed 22nd Amendment seeks to increase the retirement age of Supreme Court judges from 65 to 67 years and that of Court of Appeal judges from 63 to 65. It also proposes raising the retirement age of judges of the High Court, District Courts and Magistrates' Courts to 62.

Several opposition parties had jointly asked for the matter to be heard by a full bench of 12 sitting Supreme Court judges. However, the constitution of a bench is at the discretion of the Chief Justice.

The 22nd Amendment Bill was tabled in Parliament on August 18, setting off the 14-day period allowed under the Constitution for challenges to its constitutionality. The Supreme Court must now convey its determination on the Bill's constitutionality to the Speaker of Parliament within three weeks.

According to several opposition figures, the main argument in the petitions is that the 22nd Amendment infringes Article 3 of the Constitution, which relates to the sovereignty of the people. They argue that it therefore needs approval through a nationwide referendum in addition to a two-thirds majority in Parliament.

Opponents have called the amendment a "direct assault" on the independence of the judiciary, saying it would give the executive president greater scope to influence the functioning of the courts. President Anura Kumara Dissanayake has said he will press ahead with the adoption of the amendment despite objections from the Bar Association of Sri Lanka, members of the Judicial Service Association and the Commonwealth Lawyers Association.

The government has said extending the terms of judges is necessary to help clear a backlog of more than 1.1 million cases. UN rapporteur on judicial independence Margaret Satterthwaite, however, has warned that extending the tenure of sitting judges through an ad hoc change creates risks of executive and legislative interference.

In sum, the Supreme Court's hearing this week will examine whether the proposed 22nd Amendment can proceed as drafted, amid competing claims over judicial independence, constitutional procedure and the need to deal with delays in Sri Lanka's courts.

With PTI Inputs

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