A total of 21 petitions have been filed before the Supreme Court challenging the constitutionality of the Government’s proposed 22nd Amendment to the Constitution Bill, which was presented to Parliament on August 18.
The petitions seek a determination on whether the proposed amendment is consistent with the Constitution and whether it requires approval by a two-thirds majority in Parliament as well as a national referendum before it can be enacted.
The proposed amendment includes provisions to increase the mandatory retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65. The proposal has prompted objections from several political parties, lawyers’ groups and civil society organisations, with petitioners raising concerns over judicial independence, separation of powers and public sovereignty.
Among those who have challenged the Bill are the Bar Association of Sri Lanka, the Samagi Jana Balawegaya, the Sarvajana Balaya, lawyers’ organisations and former minister and law professor Prof. G.L. Peiris. Further petitions were filed as the 14-day period for challenging the Bill continued.
Under Article 121(1) of the Constitution, petitions challenging the constitutionality of a Bill may be filed within 14 days of its presentation to Parliament. The Supreme Court is required to consider such challenges and communicate its determination to the Speaker within 21 days.
The Supreme Court’s determination will therefore be a key step in determining how the Government can proceed with the proposed constitutional amendment.
