In a letter to the President, the BASL expressed concern over reports that the Government is considering extending the retirement age of judges serving in the country’s superior courts.
The association said the retirement ages of Court of Appeal and Supreme Court judges, fixed at 63 and 65 years respectively under the 1978 Constitution, should not be changed arbitrarily. It argued that such a move is neither necessary nor desirable and could undermine public confidence in the judiciary and the Government’s commitment to judicial independence.
The BASL noted that the number of judges in both superior courts had already been increased through the 20th Amendment to the Constitution in 2020, with the Court of Appeal bench expanding from 12 to 20 judges and the Supreme Court from 11 to 17 judges. These increases, it said, had sufficiently enhanced the courts’ capacity, leaving no work-related justification for extending judicial tenure.
The association also cautioned against further ad hoc constitutional amendments, noting that Sri Lanka’s Constitution has often been altered to suit the political interests of successive governments.
The BASL warned that extending the retirement age of sitting judges could be perceived as an attempt to influence the judiciary, erode public trust, and set a precedent for future governments to make similar politically motivated changes.
“The independence of the judiciary and the public confidence reposed in it are indispensable pillars of the rule of law and the democratic framework of our Republic,” the BASL said.
The association stressed that the judiciary must not only be independent but also be seen as independent, impartial and free from any perception of influence or impropriety.
The letter was signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva.
