The Bar Association of Sri Lanka (BASL) has stated that the President’s failure to fill the existing judicial vacancies in the Supreme Court and the Court of Appeal constitutes a violation of the Constitution.
Amarasuriya noted that there are currently eight vacancies in the superior courts and stressed that it is the President’s constitutional responsibility to nominate suitable candidates to fill those positions.
He said the continued delay in making these appointments for several months raises serious constitutional concerns.
He further alleged that the government’s handling of the proposal to extend the retirement age of judges lacked transparency. According to Amarasuriya, government representatives had previously stated that they were unaware of any such proposal, yet the measure has now proceeded without consultations with key stakeholders, including the BASL.
The BASL President maintained that if there is a genuine need to amend the retirement age of judges, the proposal should first be subjected to an open and transparent public discussion. He further argued that if the government intends to proceed with such a constitutional amendment, it should seek the approval of the people through a referendum.
Commenting further, Amarasuriya questioned the urgency of the proposal, stating that there was no indication only weeks ago that such a measure was under consideration. He reiterated that the government’s immediate priority should be to fill the existing judicial vacancies in accordance with the Constitution.
Meanwhile, the Cabinet has approved the proposal to extend the retirement age of judges.
Minister of Justice Harshana Nanayakkara said the approval was granted at the Cabinet meeting held yesterday (27), chaired by President Anura Kumara Dissanayake.
Accordingly, the Cabinet has approved the proposal to extend the retirement age of judges serving in all courts, including the Supreme Court and the Court of Appeal.
