No referendum needed for passage of 22 A: SC

The Supreme Court has ruled that the proposed 22nd Amendment to Sri Lanka's Constitution does not require a referendum. Speaker Dr. Jagath Wickramaratne announced the decision in the House, clearing the path for Parliament to consider the constitutional changes during a two-day debate starting Thursday. The Court determined that specific parts of the Bill, including the proposed increase in retirement ages for Supreme Court and Court of Appeal judges, do not necessitate approval from the public at a referendum under Article 83 of the Constitution.

However, the Court did direct modifications to Clause 2 concerning the Chief Justice's retirement and added a new proviso to the clause specifying an exception to the six-year term limit for Chief Justices who are in office when the amendment comes into effect. The Supreme Court also determined that certain provisions of the Judicature (Amendment) Bill, linked to the government's judicial reform program, can be passed by a simple majority in Parliament.

The Judicature Bill proposes changes to the retirement ages and composition of the lower judiciary, including increasing the retirement age of High Court judges from 61 to 63 and establishing 62 as the compulsory retirement age for other judges and magistrates. The Government and the Centre for Policy Alternatives, among others, welcomed the Court's decision, while the Opposition plans to continue protesting the amendment.