UN Raises Concerns Over Judicial Independence as Sri Lanka Plans Judge Retirement Age Extension

The United Nations has warned that Sri Lanka's proposed constitutional amendment to extend judicial retirement ages could compromise judicial independence, with opposition leaders echoing longstanding concerns from legal bodies about the government's intentions.

A UN Special Rapporteur has cautioned that Sri Lanka's proposal to raise the retirement age of superior court judges threatens the independence of the judiciary. The amendment would increase the retirement age for Supreme Court judges from 65 to 67 years and Court of Appeal judges from 63 to 65 years, with the changes applying to both future appointees and those currently serving.

In a communication dated August 7, UN Special Rapporteur on Judicial Independence Margaret Satterthwaite raised concerns that the absence of transparent safeguards could create the impression the amendment targets specific sitting judges rather than establishing a general constitutional principle. She warned that judges who would benefit from the extension could face conflicts of interest if required to rule on the amendment's constitutionality. Satterthwaite recommended any retirement age changes proceed through transparent and consultative processes with adequate protections.

Opposition Leader Sajith Premadasa has welcomed the UN intervention, stating it reinforces warnings previously raised by the Bar Association of Sri Lanka, legal professionals, and opposition parties. He questioned why the extension must apply to sitting judges, arguing that extending judicial tenure at government discretion undermines judicial independence. Premadasa emphasized that the amendment fails to address Sri Lanka's substantial case backlog of 1.1 million pending matters.

Premadasa called on the government to provide detailed public explanations in Sinhala, Tamil, and English before holding a referendum, as mandated by the Supreme Court in 2022, should the amendment proceed. While acknowledging that extended tenure could preserve judicial experience, the UN rapporteur stressed that meaningful debate and institutional safeguards remain essential for protecting public confidence in the judiciary.