No Cabinet discussion on extending judges’ retirement age: Justice Minister

By Lakmal Sooriyagoda  

Expressing his views on opposition politicians’ allegations that the Government is planning to extend the retirement age of Supreme Court and Court of Appeal judges, Justice Minister Harshana Nanayakkara told the Daily Mirror that the Cabinet of Ministers has not discussed anything in that regard.  

Speaking to the Daily Mirror, the Minister said the Cabinet had not discussed any move in that regard, responding to recent claims made in sections of the media.  

“There has been no discussion in that regard in the Cabinet, and therefore I do not have to reject the allegations,” Minister Nanayakkara said.  

Recent media reports, quoting former Minister Prof. G.L. Peiris and former Justice Minister Dr. Wijeyadasa Rajapakshe, alleged that a Government proposal to extend the retirement age of apex court judges would amount to a violation of Article 12(1) of the Constitution, which guarantees equality before the law.  

The legal provisions governing the tenure of superior court judges remain clearly stipulated in the Constitution of Sri Lanka. Article 107 outlines safeguards relating to the independence of the judiciary, including the appointment, tenure and removal of judges.  

In terms of Article 107(5), the retirement age of judges of the Supreme Court is fixed at 65 years, while judges of the Court of Appeal are required to retire at 63 years.  

Legal experts observe that any change to the retirement age of judges of the apex courts would require a constitutional amendment, as these provisions are entrenched within the Constitution.