The Communist Party has urged the NPP government not to extend the retirement age of superior court judges, under the false pretext of speeding up of adjudication and reducing the huge backlog of cases. CP General Secretary Dr. G. Weerasinghe warned that if implemented the consequences would be far reaching and devastating.

The following is the text of the statement issued by CP General Secretary: “The Government’s announcement that it intends to bring a Constitutional Amendment to extend the retirement ages of judges, purportedly to speed up adjudication and reduce the huge backlog of cases, is deeply flawed and politically misguided. The Communist Party of Sri Lanka (CPSL) rejects this proposal in its present form and calls for a transparent, evidence-based approach that protects judicial independence while addressing the real causes of delay in our courts.

The government’s proposal, as publicly reported, would amend constitutional retirement ages as follows:

= Supreme Court judges: from 65 to 67.

= Court of Appeal judges: from 63 to 65

= High Court judges: proposed changes shifting retirement ages

= Trial/District and Magistrate Court judges: proposals to extend retirement ages

These changes affect constitutional provisions and therefore require not only thorough parliamentary scrutiny but also broad public consultation and engagement with judicial stakeholders. The CPSL notes the following problems with the government’s approach and rationale:

· Data and targeted diagnosis are missing. The government has not presented a scientifically grounded breakdown of the backlog (by court type, region or case category) necessary to tailor effective remedies.

· The proposal addresses a symptom, not the cause. Sri Lanka’s backlog (reported at over 1,134,000 pending cases by June 2025) reflects structural shortages and administrative failures. Extending retirement ages will not substitute for expanding judicial capacity or modernising court administration.

· Serious vacancies remain unaddressed. The Supreme Court bench should number 16, but only 12 judges currently sit; the Court of Appeal should have 19 but has 15. These vacancies have not been filled promptly, indicating executive inaction rather than a shortage of experienced personnel.

· The amendment process lacks transparency and stakeholder consultation. Constitutional amendments touching the judiciary require informed public debate and participation by legal professionals, judicial officers, civil society and affected communities.

· The proposal risks politicizing the judiciary. Constitutional changes that alter judicial terms (even when ostensibly administrative) carry political implications and can undermine public confidence unless clearly justified, transparently processed and insulated from partisan influence. The perception that this measure is a quick political fix will aggravate distrust.

CPSL position and demands

(A). We oppose the proposed constitutional amendment as presently conceived and will not participate in or endorse any rushed change designed to paper over deeper structural failures.

(B). Any change to the Constitution affecting judicial terms must follow a full parliamentary process, including robust public consultation, and secure input from leading professional groups, including the Sri Lanka Bar Association, Judicial Service associations and independent experts.

(C). The Government must prioritize structural, administrative and resourcing solutions:

– promptly fill vacancies

– implement scientific case-mapping to identify where backlogs are concentrated

– expand the number of courts and judges where needed

– creating specialised benches

– extend court hours or introduce shifts where feasible

– adopt modern case-management and digital filing systems

– use transparent temporary hiring or contract arrangements if necessary

(D) We call on all progressive forces, legal professionals and the public to resist any constitutional amendment made without proper consultation, data, and assurances that it serves the public interest rather than short-term political ends.

The Communist Party reiterates its commitment to a judiciary that is independent, effective, and accountable. We stand for measures that expand access to justice, protect citizens’ rights, and strengthen institutions, not measures that risk politicizing constitutional provisions or creating the appearance of interference.”