The Bar Association of Sri Lanka has called on the government to withdraw its proposed 22nd Amendment, which would extend the retirement age of senior judges, arguing the move threatens judicial independence and requires a national referendum.

The Bar Association of Sri Lanka (BASL) has issued a formal statement opposing the 22nd Amendment to the Constitution, which the government published in the Gazette on August 7. While the government has justified the proposal as a means to expedite case hearings and improve judicial efficiency, the BASL contends that no clear connection exists between extending judicial retirement ages and achieving these administrative goals.

The BASL argues that the amendment constitutes direct interference with judicial independence and should require approval through a national referendum rather than parliamentary passage alone. The association cites Article 107 of the Constitution, which establishes the retirement age for superior court judges within Chapter XV on judicial independence, and references a 2022 Supreme Court determination stating that amendments affecting judicial tenure require public referendum approval. According to the BASL, this earlier court decision establishes the amendment as an "entrenched provision" that cannot be validly enacted without voter consent.

The legal body has also highlighted a constitutional dilemma: allowing Parliament to pass the amendment could prompt citizens to challenge its legality before the Supreme Court, potentially forcing judges to rule on legislation affecting their own tenures. The BASL warns this scenario could damage public confidence in the judiciary's impartiality. The association further criticises the government for insufficient consultation with stakeholders, contrasting Sri Lanka's approach with more deliberative processes in other jurisdictions.

The BASL's position has gained support from religious leaders, civil society organisations, and international law associations. The association emphasises that maintaining public confidence through judicial independence remains essential to Sri Lanka's constitutional governance and the rule of law.