Sri Lanka's Joint Opposition has formally requested President Anura Kumara Dissanayake to hold a referendum on proposed amendments to Article 107(5) of the Constitution, arguing that changes affecting judicial independence require public consultation.
The Joint Opposition, led by former President Ranil Wickremesinghe, has submitted a formal letter to the sitting President requesting a referendum on the 22nd Amendment to the Constitution. The opposition contends that the proposed changes to Article 107(5)—which concerns the retirement age of judges—constitute a fundamental alteration requiring direct input from Sri Lankan citizens under Chapter XIII of the Constitution.
The opposition's argument centers on the principle of popular sovereignty enshrined in Article 3 of the Constitution, which declares that "sovereignty is in the people and is inalienable." According to the Joint Opposition, the independence of the judiciary is integral to this sovereignty and cannot be altered through parliamentary means alone. They cite multiple Supreme Court judgments, including a 2022 determination on the Inland Revenue Amendment Bill, which explicitly stated that changes affecting judges' retirement ages "will impinge on the independence of the judiciary and violative of Article 3, which requires a Referendum."
The opposition also raises procedural concerns about the amendment process. They criticize the lack of stakeholder consultation, pointing to international standards such as those set by the Venice Commission, which emphasize "genuine and meaningful consultation" as essential for good governance. Additionally, the letter questions whether the Supreme Court should adjudicate on the matter given that judges are direct beneficiaries of the proposed measure, arguing this creates an appearance of bias inconsistent with established judicial conduct principles.
The Joint Opposition insists that only a referendum can legitimately resolve this constitutional question, calling on the President to direct the Cabinet to certify any bill for submission to the people rather than proceeding through parliamentary amendment alone.
