40 professional bodies, TUs oppose 22A

Representatives of 40 professional organisations and trade unions have jointly opposed the proposed Twenty-Second Amendment to Sri Lanka’s Constitution, saying provisions extending the retirement age of judges could threaten judicial independence and the rule of law.

The organisations, representing various professional and trade union bodies, met at the Bar Association of Sri Lanka (BASL) on Monday (31) and adopted a joint statement endorsing the BASL’s opposition to the proposed amendment.

Among the organisations supporting the statement were the Federation of University Teachers’ Associations (FUTA), Government Medical Officers’ Association (GMOA), Railway Station Masters’ Union, Graded Principals’ Association, Academy of Health Professionals Sri Lanka, College of Medical Laboratory Science Sri Lanka, Sri Lanka Association of Medical Laboratory Scientists, Locomotive Officers’ Association, Government Nursing Association and All Ceylon Management Service Association.

The signatories said extending the retirement age of judges, including those of the Supreme Court and Court of Appeal, would pose a direct threat to the independence of the judiciary and, consequently, to the rule of law, democracy and the sovereignty of the people.

The joint statement said judicial power was an integral part of the sovereignty of the people and pointed out that constitutional provisions governing the retirement age of judges of the Superior Courts are contained in the section of the Constitution dealing with the independence of the judiciary.

The organisations also referred to a 2022 Supreme Court determination on the Inland Revenue (Amendment) Bill, in which the Court held that a constitutional amendment affecting the retirement age or period of office of incumbent judges would impinge on judicial independence and violate Article 3 of the Constitution, requiring approval by the people at a referendum.

The statement further cited opposition to the proposed amendment from religious institutions, judicial and professional bodies, and national and international legal organisations, including the Maha Sangha, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, BASL, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and the French National Bar Council.

The 40 organisations unanimously called on the government to withdraw the proposed constitutional amendment immediately and to prioritise filling all existing vacancies in the Superior Courts.

They further said that if the government proceeded with the amendment, the matter should be referred directly to the people for determination at a referendum.

The organisations said their joint position reflected a collective commitment to safeguarding the independence of the judiciary, the rule of law, democracy and the sovereignty of the people of Sri Lanka.