The legal fraternity and civil societies are up in arms against a 22nd amendment to the constitution planned by the government to extend the retirement age of judges in apex courts by two years.
According to ‘Anidda’ editor, lawyer K.W. Janaranjana, the plan is to allow judges in the Supreme Court and the Appeal Court to remain in service until they reach the ages of 67 and 65 years respectively.
Legal experts are of the view such a step would have a direct impact on the judicial hierarchy, creating a promotion bottleneck for senior judges in magistrate, district and high courts.
The Bar Association as well as the lawyers’ associations in the high court and the magistrate’s court in Colombo and the lawyers association in Badulla among others have sent letters to the president, strongly voicing their stand with regard to the matter.
Furthermore, the Commonwealth Lawyers Association has issued a statement that stresses the importance of safeguarding the structural independence and impartiality of Sri Lanka’s judiciary.
Experts also note with concern the eight vacancies existing in the top courts and urge the government to prioritize filling those vacancies immediately.
Contrary to a government claim the change is considered in view of a common request by the state service, it will extend the terms of the present chief justice and other top judges.
Attempts of this nature to make individual amendments to the constitution by a government that rode to power on a promise to abolish the executive presidency and to bring in a new constitution cannot escape criticism politically.
Experts highlight the need to establish a long-lasting tradition that prevents constitutional changes on political grounds if the dignity and independence of the judiciary is to be safeguarded.
(The Leader)