LAWASIA Raises Concerns Over Proposed Judicial Retirement Age Amendment in Sri Lanka

The Law Association for Asia and the Pacific (LAWASIA) has expressed concern over a proposed constitutional amendment to extend the retirement age of Supreme Court and Court of Appeal judges in Sri Lanka, warning that the move could undermine public confidence in the independence of the judiciary.

In a statement, LAWASIA endorsed concerns previously raised by the Bar Association of Sri Lanka (BASL), which, in a letter to President Anura Kumara Dissanayake on May 25, cautioned that extending the retirement age of sitting judges at this time could be perceived as political interference in the judiciary.

Quoting the BASL, LAWASIA said judicial independence and public confidence are "indispensable pillars of the rule of law and the democratic framework" of Sri Lanka. It stressed that the judiciary must not only remain independent but also be seen to be free from external influence or impropriety.

The regional legal body noted that while the retirement age of senior judges is currently prescribed under Article 107(5) of the Constitution, any constitutional amendment should only be pursued following adequate public consultation. It warned that the proposed change appears to be an ad hoc measure that could erode public trust in the judicial system.

LAWASIA also referred to the Beijing Statement of Principles on the Independence of the Judiciary, adopted by Chief Justices across the Asia-Pacific region, which underscores the importance of judicial independence, security of tenure, and a clear separation between the judiciary and the executive.

Echoing concerns raised by the Commonwealth Lawyers Association, LAWASIA called on the Sri Lankan government to refrain from proceeding with the proposed amendment, avoid piecemeal constitutional reforms, ensure meaningful stakeholder consultation, and uphold the rule of law and judicial independence.