LAWASIA urges Sri Lanka to halt judicial retirement age amendment



Colombo, June 27 (Daily Mirror) - The Law Association for Asia and the Pacific (LAWASIA) has called on the Sri Lankan Government to refrain from proceeding with the proposed Constitutional amendments aimed at increasing the retirement age of judges of the Supreme Court and Court of Appeal, warning that such a move could undermine judicial independence and public confidence in the country’s legal system.

In a statement issued on June 26, LAWASIA President TL Yap endorsed concerns previously expressed by the Commonwealth Lawyers' Association (CLA) and urged the Sri Lankan authorities to avoid piecemeal and ad hoc Constitutional reforms.

The regional legal body called on the Government to ensure that any Constitutional changes are undertaken only after meaningful public consultation and stakeholder engagement, while respecting the rule of law and safeguarding the independence of the judiciary.

LAWASIA also urged the authorities to desist from taking any measures that could erode confidence in the judiciary or irreparably weaken its independence.

The organisation said it shared the concerns raised by the Bar Association of Sri Lanka (BASL) in its letter dated May 25, 2026, addressed to the President regarding the proposed amendment to Article 107(5) of the Constitution, which currently prescribes the retirement age of judges of the Supreme Court and Court of Appeal.

Emphasising that Sri Lanka’s Constitution recognises judicial independence as a cornerstone of the rule of law, LAWASIA noted that Constitutional amendments are significant measures that should not be introduced without careful consideration and broad public consultation.

According to the statement, LAWASIA’s principal concern is that the proposed amendment appears to be an ad hoc initiative lacking adequate public consultation, a circumstance that has the potential to diminish public confidence in the judiciary.

The organisation stressed that an independent, competent and respected judiciary remains the foundation of every democratic society and reiterated its longstanding commitment to the protection of judicial independence throughout the Asia-Pacific region.

LAWASIA further pointed to the Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA Region, adopted at the Conference of Chief Justices held in Beijing in 1997 and subsequently endorsed by 32 Chief Justices across the Asia-Pacific.

The statement outlines internationally recognised principles relating to judicial independence, including the objectives of the judiciary, judicial appointments, security of tenure, judicial conditions of service and the relationship between the judiciary and the Executive.

 


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