Opp. stages protest as govt. tables controversial 22 A

Opposition MPs, spearheaded by Opposition Leader Sajith Premadasa, staged a protest in Parliament yesterday against the introduction of the draft 22nd Amendment to the Constitution and the Judicature (Amendment) Bill. Some MPs perceived the proposed modifications as a threat to democracy, with Premadasa even stating, "Today marks the death of democracy in this country."

The protest provoked an intense debate in the House following the tabling of both pieces of legislation by Justice and National Integration Minister Harshana Nanayakkara. Opposition members raised several points of order, contesting the proposed adjustments to judges' retirement ages. The draft 22nd Amendment aims to raise the mandatory retirement age of Supreme Court judges from 65 to 67, and that of Court of Appeal judges from 63 to 65.

The accompanying Judicature (Amendment) Bill proposes increasing the retirement age of judges in High Courts, District Courts, and Magistrates' Courts to 62 years.

The government maintains that these changes are required to tackle judicial officer shortages and bolster the nation's judicial system. Responding to a query from Premadasa on the proposed constitutional amendment, Minister Nanayakkara dismissed concerns that the legislation would pose an existential threat. "There is no devil as frightening as the one being portrayed," he said, accusing certain organizations of misleading both local and international stakeholders by presenting distorted information and withholding facts.

"Various organizations have misled international and domestic stakeholders by distorting information and providing incomplete information. That is why such a dark and frightening devil is being created," Nanayakkara stated.

The draft constitutional amendment was published in the Government Gazette on August 7, despite objections raised over the move. According to parliamentary procedure, a Bill is introduced for its first reading one week after its gazetting. An additional one-week period is then granted for interested parties to petition the Supreme Court, contesting the constitutionality of the Bill.

The Supreme Court must then communicate its determination to the Speaker within three to 21 days after reviewing any such petitions. The government contends that extending the retirement age would enable the retention of experienced judges during a period of judicial officer shortages. However, the Opposition has raised apprehensions over the ramifications of altering the retirement ages of seasoned judges through a constitutional amendment.

Opposition House Leader Minister Bimal Ratnayake urged the Opposition to persist with their protest throughout the entire sitting week, if feasible.