22A: Flawed logic and mistruths

On Tuesday, September 8, 2026, the JVP-NPP government in Sri Lanka targeted the Commonwealth Lawyers’ Association (CLA) during a parliamentary session. The CLA, which attended a recent Supreme Court hearing on the 22nd constitutional amendment (22A) bill, has expressed concerns over several key issues, including the rejection of a full bench request, refusal of Chief Justice recusal, omission of senior judges on the bench, and denial of oral submissions for petitioners.

Justice Minister Harshana Nanayakkara dismissed the CLA, labeling it as a private club without official recognition or registration under the Commonwealth Secretariat. Deputy Minister Sunil Watagala joined in the criticism. Both ministers employed a flawed logic and presented the CLA arguments as biased views of an unrecognized organization, deemed unacceptable and unworthy of consideration.

Opposition Leader Sajith Premadasa challenged the government's stance, demanding a formal statement from the government if it did not recognize the CLA. However, ruling party members ignored his challenge. The legitimacy of the CLA was questioned by some civil society activists and public intellectuals, who defended the government's position despite the opposition's demands.

The Commonwealth Secretariat's website provides a contrasting perspective on the CLA, stating that it aims to maintain and promote the rule of law throughout the Commonwealth, encourage exchange of ideas between legal professionals, academics, and students, and hold annual events with over 1,000 delegates. Other organizations, including the International Association of Judges, LAWASIA, and the French National Bar Council, have also criticized the 22A amendment.

The SC determination on the 22A bill remains pending, but the government's dismissal of the CLA's concerns raises questions about the legitimacy and acceptability of the amendment. If the legitimacy of laws solely derives from Supreme Court determinations, then other amendments passed by the apex court may lack legitimacy and acceptability, such as the 18th and 20th amendments that abolished the presidential term limit and allowed dual citizenship.

The government's stance on 22A appears to be driven by the JVP-NPP party's intention to maintain its grip on power and consolidate its rule until 2050.