The Bar Association of Sri Lanka has filed a motion in the Supreme Court requesting that Chief Justice Preethi Padman Surasena recuse himself from hearing petitions against the 22nd Amendment, which would extend retirement ages for superior court judges.
The Bar Association of Sri Lanka (BASL) filed a motion in the Supreme Court on August 24 requesting that Chief Justice Preethi Padman Surasena step aside from hearing petitions challenging the 22nd Amendment to the Constitution. The amendment proposes extending the retirement ages of superior court judges.
BAsl President Rajeev Amarasuriya and Secretary Nalin de Silva, acting as petitioners, named the Attorney General as respondent in the motion filed under Articles 120 and 121 of the Constitution. They are seeking a court determination on whether the Bill requires approval through a referendum under Article 83 of the Constitution.
The association's recusal request centers on potential conflicts of interest. According to the BASL, the Chief Justice would be the first Supreme Court judge to benefit from the amendment if it passes without a referendum. Additionally, if a referendum becomes necessary, the Chief Justice could retire before the process concludes. The BASL suggested that should the Chief Justice choose to recuse himself, he should establish a bench composed of all other Supreme Court judges to hear the matter.
The motion follows the government's tabling of the 22nd Amendment Bill in Parliament on August 18. The petition represents the judicial sector's formal engagement with proposed constitutional changes affecting the retirement provisions of the country's top judges.
