BASL Challenges Proposed 22A in Supreme Court, Citing Threat to Judicial Independence

August 18, Colombo (LNW): The Bar Association of Sri Lanka (BASL) has filed a petition in the Supreme Court challenging the government’s proposed 22nd Amendment to the Constitution, arguing that the Bill severely threatens the independence of the judiciary and the sovereignty of the people.

The petition was filed on August 18, 2026, by BASL Treasurer T.M.S. Pasindu Silva and Assistant Secretary Lakitha Isiwara Wakishta Arachchi under Articles 120 and 121 of the Constitution. The Attorney General has been named as the respondent.

Key Objections Raised by the BASL

• Extension of Judicial Retirement Age: The Bill seeks to amend Article 107(5) to increase the retirement age of Supreme Court judges from 65 to 67 years and Court of Appeal judges from 63 to 65 years. The BASL contends that applying these extensions retroactively to sitting judges functions as an impermissible benefit, compromising judicial independence and damaging public perception.
• Bypassing the Constitutional Council: The petitioners argue that extending the tenure of incumbent judges by legislative decree bypasses the mandatory appointment and screening process governed by the Constitutional Council under Article 41C.
• Expansion of the Court of Appeal: Clause 3 of the Bill proposes increasing the number of Court of Appeal judges from 19 to 24. The BASL warns that this quantitative shift risks “court packing” and dilutes the influence of individual sitting judges.
• Lack of Stakeholder Consultation: The petition highlights that the proposed changes were introduced abruptly without public discourse or consultation with the legal fraternity, despite prior formal inquiries made by the BASL to the Ministry of Justice and the President.
  

Request for a Full Bench and Referendum Mandate

The petition emphasizes that because judicial power forms an integral part of the people’s sovereignty under Article 3, any measure that undermines judicial independence requires approval by the people at a national Referendum pursuant to Article 83.

Given that the judges hearing the challenge are directly affected by the proposed tenure extension, the petitioners noted a potential conflict of interest. To uphold public trust and ensure transparency, the BASL requested the Chief Justice and the Supreme Court to constitute a Full Bench—comprising all sitting judges of the Supreme Court—to determine the application, and to rule that the Bill or its contested clauses cannot become law without a public Referendum.

Petition:

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