A senior figure in Sri Lanka's ruling NPP party has called on the government to withdraw its controversial constitutional amendment proposal that would extend the retirement ages of Supreme Court and Court of Appeal judges, citing legal obstacles and international concern.
Lal Wijenayake, a member of the NPP's Leadership Council, has publicly stated that the ruling party could still reverse its bid to amend the constitution regarding judicial retirement ages. Speaking to The Island on August 5th, Wijenayake expressed his firm opposition to the government initiative, arguing that the move would prove damaging to the party's reputation and governance.
Wijenayake pointed to a 2022 Supreme Court judgment as a significant legal barrier to the amendment. According to opposition leader Sajith Premadasa's interpretation of that ruling, any changes to retirement ages for superior court judges would require approval through a national referendum. Wijenayake emphasized that the government should address the problems it has created rather than proceed with legislation that contradicts this earlier court decision. Legal sources have suggested that a larger bench of five or more judges could potentially overturn the three-judge bench decision, though this remains uncertain.
International scrutiny has also intensified around the proposal. Wijenayake referenced a statement from the International Association of Judges expressing concern about the developments. He stressed that the government has failed to secure backing from any recognized organization or individual supporting the amendment, signaling the controversial nature of the initiative.
Regarding his own position within the NPP, Wijenayake clarified he would not resign from the Leadership Council, noting that Justice Minister Harshana Nanayakkara has stated the party accepts differing viewpoints on specific issues. Instead of pursuing the amendment, Wijenayake suggested the government should prioritize filling eight vacant positions in the Supreme Court and Court of Appeal to address the substantial backlog of cases.
