Voluntarily stepping down without benefiting from controversial legislation: Who will rise to the challenge ?
by Professor A. N. I. Ekanayaka Emeritus Professor It is sad to see so sacred and dignified an institution as the judiciary currently tormented by acrimonious public debate over the government’s constitutional amendment to extend the retirement age of judges. That the judiciary should be the focus of such embarrassing controversy at this time was […]
It is disheartening to observe the judiciary currently embroiled in a heated public debate over the government's constitutional amendment to raise the retirement age of judges. Consequently, the aim of this article is to suggest that irrespective of governmental actions, judges possess the capacity to mitigate discord, alleviate public concerns, and restore tranquility to a tumultuous judiciary by selflessly resigning at the designated time and refusing to capitalize on the legislation's benefits.
It is not surprising that other critical governance institutions, such as health, education, transportation, administration, and others, may occasionally experience unrest, controversy, and divergent opinions regarding certain proposed legislations, conditions of service, or regulations affecting their personnel. This is a common occurrence in any thriving democracy.
However, the judiciary should remain a bastion of stability, characterized by unwavering impartiality and insensitivity to the tumultuous pressures of human nature. In a world marred by disarray, the judiciary must stand as an unyielding beacon of integrity, free from the influences of prevailing societal tensions. It is incumbent upon the judiciary to exemplify the qualities of strength, independence, and unwavering trustworthiness, transcending the common man's limitations.
Ideally, the judiciary should be a sanctuary from the clutches of cynicism, embodying an unshakable commitment to justice, even amidst the harsh realities of human frailty. It is a lofty institution existing in the world but not being a part of it, presided over by selfless men of distinction, who prioritize justice over personal gain.
This article proposes that, regardless of the government's decision, judges can effectively address the public's concerns and bring about a sense of resolution by publicly declaring their intention to retire on the originally scheduled date, even if the legislation extends their retirement age. This selfless act would quell the existing discord and demonstrate a steadfast commitment to the principles of justice, earning the judiciary the respect and admiration of the public.
Written by urgent.news from The Island Sri Lanka's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
