Sri Lanka opens 22nd Amendment debate amid judicial independence fears

Sri Lanka's Parliament on Thursday began a two-day debate on the controversial 22nd Amendment to the Constitution, which proposes raising the retirement age of judges and increasing the number of judges in the Court of Appeal. The move has triggered strong opposition from political parties and legal bodies, which say it could weaken judicial independence.

The government has defended the amendment as a step to improve the efficiency of the justice system and reduce case delays. But the opposition has demanded that the proposal be withdrawn and challenged the government to seek approval through a referendum, even as the Supreme Court ruled that a public vote is not required.

Opening the debate, Justice Minister Harshana Nanayakkara said the proposal to extend the retirement age of judges was aimed at making the delivery of justice more efficient. "We are not bringing this amendment to be authoritarian to control or suppress the independence of the judiciary," Nanayakkara said.

The amendment was presented to Parliament by Nanayakkara on August 18. It seeks to raise the retirement age of Supreme Court judges from 65 to 67 years and that of Court of Appeal judges from 63 to 65. It also proposes increasing the number of judges in the appellate court from 20 to 25. In addition, it proposes raising the retirement age of judges of the High Court, District Courts and Magistrates' Courts to 62.

The debate comes after months of protests by opposition parties and the Bar Association of Sri Lanka, which argued that the amendment would undermine judicial independence. More than 60 petitions were filed in the Supreme Court challenging the proposal, with petitioners arguing that it infringes on judicial independence and requires approval through a referendum. According to several opposition figures, the main argument in the petitions is that the 22nd Amendment infringes Article 3 of the Constitution, which relates to the sovereignty of the people, and therefore requires approval through a nationwide referendum in addition to a two-thirds majority in Parliament.

However, the apex court determined that the proposed amendment does not require approval through a public referendum. The amendment has also drawn concern from outside Sri Lanka, with UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite and the Commonwealth Lawyers Association expressing reservations over the proposed extension of judges' retirement age.

The main opposition Samagi Jana Balawegaya staged a protest near Parliament, attended by several thousand supporters, calling on the government to withdraw the amendment. Addressing the protesters, Opposition Leader Sajith Premadasa said it was an "attempt to lead this country towards a single-party state." Opponents of the amendment have described it as a "direct assault" on the independence of the judiciary, while the government has said the change is needed to address a judicial backlog estimated at more than 1.1 million cases.

Voting on the amendment is expected on Friday evening. The National People's Power government led by President Anura Kumara Dissanayake has a two-thirds majority in the 225-member Parliament, with 159 seats. The debate has therefore become a major test of the government's argument that the amendment is an administrative reform, while critics continue to portray it as a threat to judicial independence.