Opposition MP Ajith Perera has urged the Chief Justice to convene all 11 Supreme Court judges to hear any constitutional challenge against a proposed bill extending judicial retirement age, arguing the measure requires both parliamentary supermajority and public referendum approval.
SJB Member of Parliament Ajith Perera made a parliamentary call on August 4th for the Chief Justice to establish a full 11-member Supreme Court bench to adjudicate any legal challenges arising from a proposed bill that would increase the retirement age of judges.
Perera contended that the proposed legislation cannot proceed through a simple two-thirds parliamentary majority alone. According to his argument, the amendment would also require approval through a public referendum, citing constitutional provisions related to judicial independence and fundamental rights protections.
The MP specifically referenced Articles 107 and 108 of the Constitution, which address judicial independence, arguing these must be interpreted alongside Chapter III of the Constitution governing fundamental rights. Perera maintained that any constitutional amendment affecting these provisions necessitates both a supermajority parliamentary vote and popular referendum approval.
Perera further reasoned that because the proposed bill would directly benefit Supreme Court judges through extended service and accompanying benefits, a conflict of interest exists that warrants the participation of all 11 judges in constitutional review proceedings. "We expect the Chief Justice to ensure fairness by appointing a full bench of all 11 judges to hear the case, rather than selecting a panel of three or five judges," Perera stated during parliamentary proceedings, emphasizing concerns about potential bias in judge selection for such a hearing.
