LAWASIA Condemns Proposed Amendments to Judges’ Retirement Age in Sri Lanka
The Law Association for Asia and the Pacific (LAWASIA) has voiced its support for the Bar Association of Sri Lanka’s (BASL) campaign against the government’s attempts to amend the retirement age of judges in the Superior Courts. This development raises significant concerns regarding the independence of the judiciary and the rule of law in Sri Lanka.
In a statement released on June 26, T.L. Yap, President of LAWASIA, expressed alarm over the government’s strategies, especially in light of recent remarks made by President Anura Kumara Dissanayake in Parliament. He acknowledged the serious implications of extending judges’ retirement ages, particularly in the context of public trust in judicial independence.
Concerns of Judicial Independence
LAWASIA’s position mirrors that of BASL, articulated in a letter dated May 25, 2026, to President Dissanayake. The letter emphasizes that any move to extend the retirement age at this juncture could be perceived as a direct attempt to interfere with judicial functions.
“The independence of the Judiciary and the public confidence reposed in it are indispensable pillars of the rule of law and the democratic framework of Sri Lanka,” the letter stated. Such sentiments resonate deeply, echoing the broader advocacy for judicial integrity that LAWASIA has championed over the years.
The Role of the Constitution
The current retirement age of senior judges is enshrined in Article 107(5) of the Sri Lankan Constitution. LAWASIA highlights that constitutional amendments are not to be taken lightly; they require comprehensive public consultation and careful consideration. This proposed amendment appears to be an ad hoc initiative that risks undermining public trust in the judiciary.
A competent and independent judiciary forms the bedrock of democracy. LAWASIA underscores this principle through the longstanding impact of the Beijing Statement of Principles on the Independence of the Judiciary, a foundational document adopted by 32 Chief Justices from across the Asia-Pacific at the 1997 Conference of Chief Justices in Beijing.
Calls to Action
In alignment with the Commonwealth Lawyers Association, LAWASIA urges Sri Lankan authorities to:
- Refrain from pursuing constitutional amendments aimed at increasing the retirement age of judges.
- Avoid piecemeal changes to the Constitution that lack broader consensus.
- Follow proper consultation processes and engage stakeholders in discussions regarding constitutional reform.
- Steer clear of actions that could compromise public confidence in the judiciary or erode its independence.
- Uphold the rule of law and respect for judicial autonomy.
The implications of these proposed changes are profound, and as the situation develops, the ongoing discourse surrounding judicial independence will be critical to maintaining Sri Lanka’s democratic integrity.
For further information, visit the original report on Island.lk.
