22nd amendment, Judicial bills to be tabled in parliament today

The 22nd Amendment to the Constitution and the Judicial Organisation (Amendment) Bill are scheduled to be presented to Parliament today (18), following their publication in the Gazette on August 7.

The proposed amendments aim to expedite pending court cases and enable experienced senior judges to serve for longer periods.

Under the proposed 22nd Constitutional Amendment, the retirement age of Supreme Court judges will be increased to 67.

The Chief Justice will be required to retire on whichever comes first: the date on which he or she reaches 67 years of age or the completion of six years in office.

The retirement age of Court of Appeal judges will also be increased to 65, while the number of Court of Appeal judges is proposed to increase from 19 to 24.

Meanwhile, amendments to the Judicial Organisation Act propose increasing the retirement age of High Court judges to 63. The retirement age of District Judges and Magistrates will also be increased to 62.

The number of High Court judges is proposed to be increased to 120 under the Judicial Organisation (Amendment) Bill.

The bills were published in the Gazette for seven days in accordance with Article 78 of the Constitution and have subsequently been included in Parliament’s Order Paper. Their first reading is scheduled to take place today.

Following the first reading, any citizen or organisation will have 14 days, under Article 121 of the Constitution, to challenge the constitutionality of the proposed constitutional amendment before the Supreme Court.

The 14-day period is expected to expire on September 1.

The Supreme Court generally has 21 days to communicate its determination to the Speaker after considering any petitions challenging the bill. Accordingly, a determination is expected to be communicated by around September 22.

Following the Supreme Court’s determination, the bill is expected to be referred to the Sectoral Oversight Committee on Public Administration, Justice and Civil Security, chaired by Parliamentarian Najith Indika.

The 22nd Constitutional Amendment will have to be passed by a special two-thirds majority in Parliament, subject to any conditions or limitations set out in the Supreme Court’s determination.

In contrast, the Judicial Organisation (Amendment) Bill is an ordinary bill and can therefore be passed by a simple majority in Parliament.