The Bar Association of Sri Lanka (BASL) has called for the implementation of transparent and merit-based criteria in appointing judges to the Supreme Court. In a letter addressed to President Anura Kumara Dissanayake, the BASL highlighted the need for appointments to adhere to seniority, eligibility, and competence.

The BASL emphasized the significance of these appointments, citing their lasting impact on the judiciary and the legal framework of the country. “Proper and valid criteria must be followed to ensure that these appointments are transparent and evident to all,” the letter stated.

The letter dated Jan 08 and signed by BASL President Anura B Meddegoda PC said: The appointment of judges to the apex courts is a matter of vital concern to the judiciary, members of the Bar and indeed to all citizens of the country. It is unnecessary to emphasize that it is the judges of the apex court who would determine the law that affects all citizens and who finally decide on the rights of the citizens. It is absolutely essential that proper and valid criteria are followed in making appointments to the apex courts and that it should be transparently evident for all to see.

It is the position of the BASL that appointments to to apex courts should be made on the basis of seniority, eligibility and merit.

The BASL points out that at present there are four vacancies in the Supreme Court and that in making these appointments, a lasting impact could be made on the judiciary and the legal system.

Therefore, it is the considered position of BASL that these appointments must be not merely according to the letter of the law, but also in keeping with the highest levels of transparency and accountability, which we as lawyers demand of all other appointments in this country.

In fact, at the last meeting of the Bar Council held on Saturday 21st December 2024, it was unanimously decided to convey to the President, guidelines formulated and unanimously ratified by the Bar Council in 2014 on appointments to the Apex Courts.

The said recommendations are as follows:

1. The criteria for the appointment of persons to Supreme Court should include-

a. The person to be appointed should have an impeccable record of integrity and be of unimpeachable character

b. The person to be appointed should be independent and be perceived to be independent.

c. The person to be appointed possesses the required competence and ability to function as a judge of the Supreme Court and should be manifestly clear of his/her services as a member of the judiciary, member of the official or unofficial Bar.

2. When making appointments to the Supreme Court, the President should consult His Lordship the Chief Justice, the Attorney General and the President of the BASL.

3. Appointments to the Supreme Court from the Court of Appeal be made in line with the seniority of the incumbent judges unless there is a manifest good reason for not following this practice.

4. Appointments to the Supreme Court from the Official Bar should ordinarily be made in line with the seniority of the office of Solicitor General or Senior Additional Solicitor General.

5. Appointments to the Supreme Court from the Unofficial Bar should be ordinarily from amongst Attorney’s-at-Law who have actively practised as counsel for minimum of 25 years.

It is in the best interest of the Supreme Court and the country that due consideration should be given to the fact that appointments to the Supreme Court be made by the judiciary, the official Bar and the unofficial Bar.

In the interest of furthering good governance, strengthening the rule of law and promoting the independence of the judiciary, I on behalf of the Bar, urge Your Excellency to give due consideration to these recommendations,” said the letter.