Colombo High Court Lawyers’ Association opposes proposed extension of judges’ retirement age

Colombo, June 4 (Daily Mirror) - The Colombo High Court Lawyers’ Association has urged President Anura Kumara Dissanayake to abandon a reported proposal to increase the retirement age of judges of the Supreme Court and Court of Appeal, warning that such a move could undermine judicial independence, disrupt career progression within the Judicial Service and erode public confidence in the judiciary.

In a-nine-page detailed letter dated June 3, the Association maintained that the retirement ages of Superior Court judges are Constitutionally prescribed and form an essential safeguard for the independence of the judiciary.

The Association observed that the Constitution fixes the retirement age of Court of Appeal judges at 63 years and Supreme Court judges at 65 years. It maintained that these limits were deliberately established to ensure both continuity and the periodic infusion of new judicial talent into the higher courts.

According to the Association, any attempt to alter these Constitutional provisions without a compelling Constitutional justification would amount to a serious Constitutional impropriety and could be perceived as interference with the judiciary.

The Association further contended that extending the tenure of sitting judges would unfairly affect members of the Judicial Service who have progressed through the ranks with the expectation of eventual elevation to the Superior Courts. They argued that postponing vacancies would hinder promotions, undermine morale and frustrate the legitimate expectations of deserving judicial officers.

The Association also warned that extending the retirement age could create a public perception that the Executive is seeking to retain particular judges in office. Although it did not allege any improper motive on the part of the Government, the Association stressed that maintaining public confidence requires not only actual judicial independence but also the appearance of independence.

The letter identified several potential concerns, including situations where judges whose tenure had been extended might hear cases involving the Government or matters relating to the legality of the very measures that prolonged their service.

The Colombo High Court Lawyers’ Association also highlighted the existence of unfilled vacancies in the Superior Courts, arguing that delays in making appointments have adversely affected the administration of justice and contributed to case backlogs.

“The appropriate response is to fill existing vacancies promptly and in accordance with the Constitution, rather than extending the tenure of incumbent judges,” the Association stated.

The Association called on the President to withdraw the proposal, fill all existing vacancies in the Superior Courts without delay, reaffirm the Government’s commitment to judicial independence and engage with the legal profession and other stakeholders on matters affecting the judiciary.

The Colombo High Court Lawyers’ Association letter was signed by Association President Wasantha Pitigala and Secretary Tenny Fernando and copies were forwarded to the Attorney General, the Bar Association of Sri Lanka and the Secretary to the Ministry of Justice.