BASL urges President to fill eight vacancies in Superior Courts without delay

The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to take immediate steps to fill the longstanding vacancies in the Supreme Court and the Court of Appeal, warning that the continued delay could undermine the administration of justice and public confidence in the Judiciary.

In a letter addressed to the President, the BASL expressed “grave concern” over the prolonged failure to appoint judges to four vacant positions in the Supreme Court and four vacancies in the Court of Appeal.

The BASL stated that it had yet to receive a response to its earlier correspondence regarding the reported proposal to amend the Constitution to increase the retirement age of judges but remained hopeful that the President would give due consideration to its concerns, particularly the possible adverse impact such Constitutional amendments could have on judicial independence and public confidence in the administration of justice.

According to the BASL, the first of the current Supreme Court vacancies arose following the retirement of Justice Gamini Amarasekara on June 20, 2025. Subsequent retirements of Justices S. Thurairaja, Kumudini Wickramasinghe and Priyantha Fernando have increased the number of vacancies in the Supreme Court to four. The BASL also stated that four vacancies in the Court of Appeal continue to remain unfilled.

The BASL reminded the President that Article 107(1) of the Constitution places upon the Head of State the Constitutional responsibility of appointing judges to the Supreme Court and the Court of Appeal, adding that the continuation of these vacancies for an extended period is inconsistent with the effective discharge of that Constitutional function.

The BASL cautioned that the absence of appointments has consequences extending beyond judicial career progression, placing a significant additional burden on both superior courts, which are currently operating with nearly 25 per cent fewer judges than their full complement.

It warned that the reduced judicial strength could adversely affect the administration of justice and delay the disposal of cases pending before the Supreme Court and the Court of Appeal.

The BASL further observed that prolonged delays in making appointments could give rise to speculation regarding the reasons for the inaction, including perceptions that appointments are being postponed pending the eligibility of particular individuals.