Bomb and Bill

The JVP-NPP government has disregarded sound advice, disregarding caution and let the 22nd Constitutional Amendment (22A) Bill and the Judicature (Amendment) Bill into Parliament. Several petitions challenging 22A have already been filed before the Supreme Court (SC), which is expected to communicate its decision to the Speaker within three to 21 days after reviewing such petitions.

The bill's introduction coincided with the 39th anniversary of the parliament bomb attack, which President J.R. Jayewardene survived. Today, the JVP-led NPP government is accused of abusing parliamentary process to weaken judicial independence. The bill aims to raise the mandatory retirement age of Supreme Court (SC) judges from 65 to 67 years and of Constitutional Court (CA) judges from 63 to 65 years.

However, legal experts warn that 22A undermines judicial independence and conflicts of interest, as the rule against bias or conflict of interest dictates that a person with a personal interest in a matter should not adjudicate it. Two previous SC determinations state that revising the mandatory retirement ages of serving judges violates Article 3 of the Constitution, requiring approval at a referendum.

Former Additional Solicitor General Srinath Perera pointed out that two CA judges, with 30 years' experience, were forced to retire as the government left four SC vacancies unfilled, denying them promotions. This contradicts the government's claim that it is trying to retain experienced judges. President Anura Kumara Dissanayake was criticized for allegedly predicting the outcome of a court case and causing a stir during the Easter Sunday case.

The BASL members dismissed the President's claims, stating that two High Court judges were promoted during the hearing of the Easter Sunday case, which did not affect the case.