Forty professional organizations and trade unions have joined the Bar Association of Sri Lanka (BASL) in opposing the proposed 22nd Amendment to the Constitution, warning that extending the retirement age of judges could undermine judicial independence, the rule of law and democracy.Representatives of the organizations met at the BASL on Monday (31) and adopted a joint statement endorsing the Association’s opposition to the proposed Amendment.

Among the signatories are the Federation of University Teachers’ Associations, Government Medical Officers’ Association, Railway Station Masters’ Union, Graded Principals’ Association, Academy of Health Professionals, College of Medical Laboratory Science, Association of Medical Laboratory Scientists and Locomotive Officers’ Association.The Government Union Printers, Postal Trade Union, Government Nursing Association and All Ceylon Management Service Association were also among the signatories, together with 24 other professional organizations and trade unions.The joint statement says the proposed extension of the retirement age of judges, including Judges of the Supreme Court (SC) and Court of Appeal, could have a direct impact on the independence of the Judiciary and, consequently, the rule of law, democracy and the sovereignty of the people.

The organizations stressed that judicial power forms an integral part of the sovereignty of the people, while noting that Constitutional provisions governing the retirement age of Superior Court Judges are contained in the section dealing with the independence of the Judiciary.The statement also refers to the SC’s Special Determination on the Inland Revenue (Amendment) Bill (SC/SD/64–71/2022). According to the BASL, the SC held that a Constitutional amendment affecting the retirement age or period of office of incumbent judges would impact judicial independence and violate Article 3 of the Constitution, thereby requiring approval by the people at a referendum.The signatories also cited opposition expressed by religious institutions, judicial bodies, professional organizations and national and international legal bodies, including the Buddhist clergy, Catholic Bishops’ Conference, Church of Ceylon, Judicial Service Association, Commonwealth Lawyers Association, LAWASIA, International Association of Judges, UN Special Rapporteur on the Independence of Judges and Lawyers and French National Bar Council.

The organizations unanimously resolved to oppose the proposed Amendment, demand its immediate withdrawal and call for existing vacancies in the Superior Courts to be filled without delay.They further called for the matter to be submitted directly to the people at a referendum if the Government proceeds with the Amendment.The BASL said the joint statement demonstrated united opposition to any measure that could undermine judicial independence.