The NPP government's proposal to extend the retirement age of judges by two years through constitutional amendment has drawn criticism from legal professionals and political observers, who suggest alternative approaches to address judicial succession issues.
The newly formed NPP government has encountered significant resistance to its plan to amend the constitution and extend the retirement age of Supreme Court, Court of Appeal, and lower court judges by two years. According to commentary in The Island, the proposal represents a short-term political solution to an undefined problem, with questions remaining about its true origins and necessity.
The government's approach has generated concern within professional legal circles. Following recent meetings between Justice Minister Harshana Nanayakkara and the Bar Association of Sri Lanka (BASL), the Minister pledged to convey the association's professional concerns to President Anura Kumara Dissanayake. The controversy has highlighted tensions between the executive's legislative ambitions and the judiciary's institutional independence, with some observers questioning whether the proposal compromises constitutional integrity.
Alternative solutions have been proposed by legal experts, notably Dr. Nihal Jayawickrama's suggestion that the President allow the current Chief Justice to retire on schedule and then appoint a successor through a merit-based selection process rather than relying on seniority. Such an approach could enable appointment of a younger judge with a longer tenure, potentially improving judicial continuity. Some commentators have advocated for establishing an independent panel of lawyers and academics to recommend candidates, a practice used in several other countries.
Analysts warn of two potential consequences if the government proceeds with the amendment. Judges may publicly declare they will retire at the current age regardless of the extension, creating constitutional embarrassment. Additionally, while immediate political repercussions seem unlikely given the NPP's parliamentary majority, the episode risks eroding the government's credibility and appeal among supporters, potentially becoming an electoral liability over time.


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