22nd Amendment Should Strengthen Judicial Independence and Continuity – NPC
The proposed 22nd Amendment to the Constitution seeks to extend the retirement age of judges by two years. The government proposes to raise the retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65, with corresponding amendments for the other courts. The government’s main justification is to retain experienced judges, address the substantial backlog of cases and ensure continuity in ongoing proceedings. At a time when the courts are dealing with major criminal and corruption cases as well as a significant backlog, the experience and skills of senior judges are important institutional assets.
Continuity can strengthen the effectiveness and public confidence of the judiciary. Life expectancy has increased significantly since the Constitution was adopted in 1978, when the retirement ages of judges were established. Life expectancy is now about 78 years, compared to 67 years in 1978, an increase of 11 years. The government should also consider whether retirement ages in other sectors, including academia and the public service, should be reviewed in light of these demographic changes.
In this context, the National Peace Council proposes that all judges of the superior courts, including the Court of Appeal, should have a common retirement age of 67, given the value of their experience and expertise. The proposed six year limit on the tenure of the Chief Justice should also be reconsidered. A Chief Justice appointed before the age of 61 could otherwise be required to leave the Supreme Court altogether before reaching the retirement age of 67 applicable to other Supreme Court judges, resulting in a premature loss of judicial experience.
Judicial independence rests on constitutional safeguards and impartial rules, not on the assumption that judges will be influenced by a generally applicable extension of their tenure. The 21st Amendment already provides an important safeguard by requiring the Constitutional Council’s approval for the appointment of the Chief Justice and other judges of the superior courts. The Constitutional Council is a multi-partisan body comprising government, opposition and civil society members.
If applied uniformly, the 22nd Amendment can therefore preserve judicial independence while strengthening continuity and retaining valuable judicial experience. The National Peace Council welcomes Justice Minister Harshana Nanayakkara’s statement that the government remains open to adjustments following public opinion and parliamentary debate. The proposed amendment should receive rigorous scrutiny to ensure that it strengthens both judicial independence and continuity.
