BASL Raises Serious Concerns Over Proposed 22nd Amendment, Warns of Impact on Judicial Independence
The Bar Association of Sri Lanka (BASL) has raised serious concerns over the proposed Twenty-Second Amendment to the Constitution, warning that it could have implications for the independence of the judiciary and the rights and interests of the public.
In a statement, the BASL said it has challenged the constitutionality of the proposed amendment before the Supreme Court.
The BASL observed that, if enacted into law, the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment.
It noted that there is widespread speculation that the amendment is being expedited to facilitate an extension of the Chief Justice’s tenure, which would otherwise end on December 1, 2026.
Against this backdrop, the BASL said it has recently witnessed allegations concerning the judiciary, including the incumbent Chief Justice, being made during Parliamentary proceedings and on social media platforms.
The BASL added that it too has been subjected to what it described as unfounded attacks on social media and other platforms.
The association stressed that the judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. It said judicial judgments, conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism.
However, the BASL said credible concerns or allegations concerning any member of the judiciary, including the Chief Justice, should be objectively examined and addressed through the appropriate constitutional and parliamentary processes, with due regard to fairness and due process.
The association also urged all parties to act responsibly when making allegations concerning individual judges, lawyers and others.
“Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice,” the BASL said.
The BASL emphasized that judicial independence is not intended to shield individuals from legitimate scrutiny or accountability. Rather, it serves as a safeguard for the public by ensuring the impartial determination of disputes and protecting individual rights, the Rule of Law and the constitutional order.
The association called on all organs of the State, all parties concerned and the media to respect the role of the judiciary and the administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.
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