LAWASIA raises concerns over proposal to extend judges’ retirement age

The Law Association for Asia and the Pacific (LAWASIA) has expressed concern over a proposed constitutional amendment to extend the retirement age of Supreme Court and Court of Appeal judges in Sri Lanka, warning that the move could undermine public confidence in the independence of the judiciary. In a statement, LAWASIA backed concerns previously raised by the Bar Association of Sri Lanka (BASL), which, in a letter to President Anura Kumara Dissanayake on May 25, cautioned that extending the retirement age of sitting judges at the present time could be perceived as political interference with the judiciary. Quoting the BASL, LAWASIA said judicial independence and public confidence are “indispensable pillars of the rule of law and the democratic framework” of Sri Lanka, and stressed that the judiciary must not only remain independent but also be seen as free from influence or impropriety. LAWASIA noted that while the retirement age of senior judges is currently set under Article 107(5) of the Constitution, constitutional amendments should not be pursued without adequate public consultation. It said the proposed amendment appears to be an ad hoc initiative that could erode public trust in the judicial system. The regional legal body also referred to the Beijing Statement of Principles on the Independence of the Judiciary, adopted by Chief Justices across the Asia-Pacific region, which emphasizes judicial independence, security of tenure and the relationship between the judiciary and the executive. Endorsing concerns also raised by the Commonwealth Lawyers Association, LAWASIA called on the Sri Lankan government to refrain from proceeding with the proposed amendment, avoid piecemeal constitutional changes, ensure meaningful stakeholder consultation in constitutional reforms, and uphold the rule of law and judicial independence. (Newswire)