Proposal to extend retirement age of SC and AC judges will create unrest in state sector

 By Yohan Perera   

The Government’s proposal to extend the retirement age of only Supreme Court (SC) and Appeal Court (AC) judges will create unrest in the legal fraternity and the state sector as a whole, the Opposition alleged yesterday.   

Former Minister Professor G. L. Peiris and Dr. Wijeyadasa Rajapakshe, who are experienced legal professionals, said the government’s proposal to extend the retirement age of Supreme Court and Appeal Court judges is also a violation of Article 12 (1) of the Constitution.   

“Our proposal is to extend the retirement age of all judges,” Professor Peiris told a media briefing   

Professor Peiris said many in the state sector, including university dons and specialist doctors, will also be affected by this move. Both Professor Peiris and Dr. Rajapakshe said promotions of Magistrates, High Court and District Court judges will be affected by this move.  “There are more than 400 judges who are attached to Magistrate, High Courts and District Courts in Sri Lanka. All these judges have a legitimate expectation of obtaining promotions in the Supreme Court and Appeal Court which are the highest courts in Sri Lanka. This legitimate expectation will be lost as a result of the government’s move to extend the retirement age of only Appeal Court and Supreme Court judges,” Dr. Rajapakshe said.

He recalled that previous governments led by former President Mahinda Rajapaksa and the Yahapalana government led by Ranil Wickremesinghe abandoned a similar decision when senior members of the legal fraternity advised them against the move.   

Professor Peiris questioned as to why the government is in a hurry to make this change, adding that the legitimate way to do so is through constitutional reform.