தவறவிடாதீர்கள்..!உடனே பதிவு செய்யுங்கள்

By M.R.M. Waseem and Rajadurai Hashan

Drawing a parallel to historic attacks on parliamentary democracy, Opposition Leader Sajith Premadasa stated in Parliament yesterday that the government’s proposed 22nd Constitutional Amendment undermines the country's democratic foundations just as political violence did decades ago.

Raising a series of urgent questions under Standing Order 27(2), the Opposition Leader challenged the government to clarify its position on widespread domestic and international concerns regarding the extension of judges' retirement ages.

"Civil society, international legal bodies, the UN Special Rapporteur, the Bar Association of Sri Lanka (BASL), and the Chief Prelates (Mahanayaka Theros) of all three Buddhist Sects have raised grave concerns regarding this amendment," Premadasa stated. He formally requested written responses from the government on the following points:

• Case Backlog Data: A complete breakdown, by court tier, of all pending and unresolved judicial cases in the country as of December 31, 2025.
• Public Trust and Appearance of Independence: Clarification on whether the government agrees with the Mahanayaka Theros’ statement to the President that public trust depends not only on actual judicial independence but also on the clear appearance of independence without suspicion—and whether extending retirement ages erodes this foundation.
• Conflict of Interest: Response to concerns raised by the UN Special Rapporteur on the Independence of Judges and Lawyers regarding potential conflicts of interest, specifically that sitting judges benefiting from the extension may be called upon to adjudicate the constitutionality of the amendment under Article 121.
• Stakeholder Consultation: Position on the Commonwealth Lawyers Association’s view that piecemeal constitutional alterations compromise structural integrity, and that comprehensive public and stakeholder consultations should precede such amendments.
• Judicial Precedent: Clarification on the Bar Association of Sri Lanka’s reference to Supreme Court Special Determination (2022 SC SD 64/71-2022), which held that altering the retirement age of serving judges impacts judicial independence and requires approval by the people at a Referendum under Article 3 of the Constitution.