Inching towards Zimbabwe

On August 14th, 2026, the Bar Association of Sri Lanka (BASL) met with President Anura Kumara Dissanayake, but their discussions did not yield a resolution. The government is pushing ahead with the 22nd constitutional amendment (22A) to raise mandatory retirement ages for Supreme Court and Court of Appeal judges. Campaigners against 22A have no choice but to resort to alternative methods, including appealing to public opinion.

The government maintains that 22A is merely part of a larger plan to address the case backlog, yet it has failed to fill four vacancies in both the Supreme Court and Court of Appeal. The government's explanation for this delay is unconvincing, as it suggests waiting for cases involving judges eligible for promotion before filling vacancies in the superior courts.

Legal experts note that about 96% of 1.1 million ongoing cases are before lower courts, but the government chose to raise the retirement ages of superior court judges first. The Opposition has challenged the government's claim that 22A is not intended to retain a specific retiring judge. Abandoning 22A and revising retirement ages in a new Constitution should be the government's priority, given their election pledge.

The JVP-NPP government is focusing on a Constitution they've criticized as the worst basic law and has not engaged in public discourse on 22A. The government's opposition to 22A stems from potential conflicts of interest and concerns over judicial independence, as well as ignoring a 2022 Supreme Court ruling that mandates a referendum for changes to judges' retirement ages.

The government should consider the advice of legal experts, postpone 22A, and adopt a consultative approach to resolve the issue in line with international standards, rather than following a path reminiscent of Zimbabwe's 2020 constitutional amendment, which was widely viewed as a means to retain the Chief Justice. The UN Special Rapporteur on judicial independence has expressed serious concerns over 22A, warning it could undermine judicial independence and public trust.

With opposition from the BASL, the UN, the International Association of Judges, the Commonwealth Lawyers' Association, LAWASIA, and respected legal experts, it is hoped that the JVP-NPP government will reconsider its stance.