Representatives of 40 professional organisations and trade unions have jointly opposed the proposed 22ned Amendment to Sri Lanka’s Constitution, saying provisions extending the retirement age of judges could threaten judicial independence and the rule of law.

The organisations, representing various professional and trade union bodies, met at the Bar Association of Sri Lanka (BASL) on Monday (31) and adopted a joint statement endorsing the BASL’s opposition to the proposed amendment, BASL said in a statement.

Full text of BASL statement: Representatives of 40 professional organisations and trade unions from across Sri Lanka gathered at the Bar Association of Sri Lanka (BASL) on Monday (31) and adopted a Joint Statement in support of the position of the Bar Association of Sri Lanka unequivocally opposing the proposed Twenty-Second Amendment to the Constitution.

These organisations included the Federation of University Teachers’ Associations (FUTA), The Government Medical Officers’ Association (GMOA), The Railway Station Masters’ Union, The Graded Principals’ Association, The Academy of Health Professionals Sri Lanka, The College of Medical Laboratory Science Sri Lanka, The Sri Lanka Association of Medical Laboratory Scientists, The Locomotive Officers’ Association, The Sri Lanka Association of Government Medical Laboratory Technologists, The Government Printer’s Union, The Postal Trade Union, The Government Nursing Association, All Ceylon Management Service Association and further together with twenty-four other professional organisations and trade unions.

By adopting the Joint Statement, the participating organisations and trade unions endorsed and extended their support to the BASL’s principled position that the proposed extension of the retirement age of Judges, including Judges of the Supreme Court and the Court of Appeal, poses a direct threat to the independence of the Judiciary and, consequently, to the Rule of Law, Democracy and the Sovereignty of the People.

The Joint Statement emphasises that judicial power forms an integral part of the sovereignty of the People and that the constitutional provisions governing the retirement age of Judges of the Superior Courts are contained within the Part of the Constitution dealing with the “Independence of the Judiciary”.

It also refers to the Special Determination of the Supreme Court in respect of the Inland Revenue (Amendment) Bill, SC/SD/64–71/2022, in which the Court held that any constitutional amendment to the retirement age or period of office that directly or indirectly impacts incumbent Judges would impinge upon the independence of the Judiciary and violate Article 3 of the Constitution, thereby requiring approval by the People at a referendum.

The signatories further noted the significant opposition already expressed by religious institutions, judicial and professional bodies, and national and international legal organisations, including the Maha Sangha, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the BASL, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and the French National Bar Council.

The participating professional organisations and trade unions unanimously resolved:

1. To unequivocally oppose the proposed Twenty-Second Amendment to the Constitution Bill;

2. To call upon the Government to withdraw the proposed Constitutional Amendment immediately;

3. To urge the Government to prioritise, without further delay, the filling of all existing vacancies in the Superior Courts; and

4. If the Government nevertheless intends to proceed with the proposed Amendment, to call upon it to refer the matter directly to the People for determination at a referendum.

The adoption of this Joint Statement demonstrates the united opposition to any measure that may undermine judicial independence. The signatories reaffirmed their collective commitment to safeguarding the independence of the Judiciary, the Rule of Law, Democracy and the Sovereignty of the People of Sri Lanka.