The proposed 22nd Amendment to the Constitution and the Judicial Organization (Amendment) Bill are scheduled to be presented to Parliament for their first reading on August 18, following their publication in the Gazette.
The 22nd Constitutional Amendment, which includes provisions to extend the retirement age of judges of the superior courts, was gazetted on August 7.
The proposed amendments to the Judicial Organization Act, covering judges serving in the High Court, Provincial High Courts, District Courts and other courts, were also gazetted on the same day.
According to the proposed constitutional amendments, the retirement age of Supreme Court judges would be increased to 67, while the retirement age of Court of Appeal judges would be increased to 65.
The amendment further proposes increasing the number of Court of Appeal judges from 19 to a maximum of 24.
Under the proposed changes, the Chief Justice would be required to retire on whichever occurs earlier: reaching the age of 67 or completing six years in office.
The Judicial Organization (Amendment) Bill also contains provisions aimed at extending the retirement age of judges serving in other courts across the country.
In accordance with Article 78 of the Constitution, the Bills are required to remain published in the Gazette for seven days before they can be placed on Parliament's Order Paper. As the two Bills were gazetted on August 7, the seven-day period will conclude on August 14.
Accordingly, the 22nd Constitutional Amendment and the Judicial Organization (Amendment) Bill are expected to be presented to Parliament for their first reading on August 18.
Following the first reading of the Constitutional Amendment Bill, any citizen or organization will have a period of 14 days, under Article 121 of the Constitution, to challenge its constitutionality before the Supreme Court. That period is expected to conclude on September 1.
The Supreme Court is generally provided with 21 days to communicate its determination to the Speaker of Parliament after considering such petitions. Accordingly, a determination could be expected around September 22.
Once the Supreme Court's determination is announced to Parliament, the Bills are expected to be referred to the Sectoral Oversight Committee on Governance, Justice and Civil Protection, chaired by Member of Parliament Najith Indika.
The committee's other members are G.G. Ponnambalam, Shanakiyan Rasamanickam, President's Counsel Faizer Musthapha, Mujibur Rahman, Ajith P. Perera, M.K.M. Aslam, Attorney-at-Law Thushari Jayasinghe, Dr. Sella Thamby Thilakanathan, Dharmapriya Wijesinghe, Chandana Sooriyarachchi and G.D. Sooriya Bandara.
After considering the proposed amendments, the committee chairman is expected to present the committee's report to Parliament, after which the Bills can proceed to the second reading.
The final voting requirements will depend on any determination, conditions or limitations imposed by the Supreme Court.
The proposed 22nd Constitutional Amendment will require a special two-thirds majority of the total number of Members of Parliament to be passed.
The Judicial Organization (Amendment) Bill, being an ordinary Bill, can be passed by a simple majority, subject to any requirements or restrictions specified by the Supreme Court.
