President of the Bar Association of Sri Lanka (BASL), Rajeev Amarasuriya, yesterday expressed his personal view that the proposed Constitutional amendment to increase the retirement age of superior court judges should require not only a two-thirds majority in Parliament but also approval at a referendum, as it has implications for the sovereignty of the people.
Speaking during a television programme on a private television channel, Amarasuriya said Articles 3 and 4 of the Constitution vest sovereignty in the people, with judicial power exercised by Parliament through courts and institutions established by law. He argued that any Constitutional amendment affecting the exercise of that sovereignty should, in his opinion, be approved by the people at a referendum in addition to securing the constitutionally required two-thirds majority in Parliament.
Referring to the proposed amendment to Article 107(5) of the Constitution under Chapter XV, titled *The Judiciary*, Amarasuriya said the Bill directly concerns the independence of the judiciary. He noted that Supreme Court judges hearing Special Determination petitions challenging the Bill could face a conflict of interest, as the amendment would extend their tenure by two years while allowing them to continue receiving their salaries, allowances and other benefits.
He maintained that, because the proposed amendment affects the judicial power exercised on behalf of the people and the constitutional framework of the judiciary, it should, in his personal view, be submitted to the people for approval at a referendum.
Amarasuriya, however, emphasized that his remarks reflected his personal opinion and not the official position of the BASL. He said the Association had not yet taken a position on the proposed amendment, as the Bill had only been presented yesterday evening.
