UN Expert Warns Proposed Extension of Sri Lankan Judges’ Tenure Could Undermine Judicial Independence
August 13, Colombo (LNW): A United Nations human rights expert has expressed reservations about Sri Lanka’s proposed constitutional changes that would allow senior judges to remain in office for longer, warning that the reform could have implications for the independence of the judiciary and confidence in the courts.
Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers, raised the concerns in a communication sent to the Sri Lankan Government on August 07, 2026.
Under the existing constitutional framework, Supreme Court judges are required to retire at 65, while the retirement age for judges of the Court of Appeal is 63. The proposed changes are understood to raise those limits to 67 and 65 respectively.
Satterthwaite said extending judicial tenure is not inherently problematic and can, in some circumstances, help retain experienced judges and maintain continuity within the justice system. However, she stressed that any such reform should be introduced through a transparent and broadly consulted process, with safeguards designed to prevent political influence over the courts.
One of the issues highlighted in her communication was the reported application of the proposed changes to judges already serving on the bench. She noted that the amendment has reportedly been described as an administrative measure, while its final wording has yet to be made publicly available.
The UN expert cautioned that changing the terms of sitting judges through a constitutional amendment could give rise to questions over whether the measure was designed to influence the present composition of the superior judiciary.
She also pointed to the importance of judicial security of tenure under international human rights law, particularly Sri Lanka’s obligations under the International Covenant on Civil and Political Rights, which guarantees the right to have cases heard by an independent and impartial tribunal.
According to Satterthwaite, the absence of clear transitional provisions or other objective criteria could further fuel perceptions that the proposed reform is intended to address immediate institutional considerations rather than establish a neutral rule applicable over the long term.
A further concern involves the possibility of judges whose tenure is extended subsequently being required to hear challenges concerning the constitutionality or legality of the very amendment that benefited them. Such circumstances, she suggested, could create questions about potential conflicts of interest.
The Special Rapporteur has therefore called on the Government to explain the reasoning behind the proposed changes, provide details of the draft amendment and clarify why the new retirement provisions would apply to judges currently in office.
She has also sought information on consultations reportedly held with members of the judiciary, the Bar Association of Sri Lanka, legal practitioners, academics and civil society groups, as well as details of measures intended to protect judges from political or institutional pressure.
Satterthwaite further requested an assessment of how the proposal could affect public perceptions of the impartiality and independence of Sri Lanka’s courts.
The UN expert has recommended that any alteration to judicial retirement rules form part of a wider, inclusive and carefully considered justice-sector reform process rather than being pursued as an isolated constitutional measure.
The communication, together with any response from the Sri Lankan Government, is expected to be made available through the UN’s communications reporting mechanism and subsequently reflected in material submitted to the Human Rights Council.
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