Sri Lanka to consider extending superior court judges’ retirement age

The Government is expected to submit a proposal to the Cabinet on Monday to extend the retirement age of Supreme Court and Court of Appeal judges by two years, the state-owned Sunday Observer reported on Sunday (26), citing senior Justice Ministry sources.

Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67, while Court of Appeal judges would retire at 65 instead of 63. The changes would require a constitutional amendment.

The Cabinet memorandum is also expected to propose limiting the tenure of the Chief Justice to a single four-year term, regardless of the age at which the appointment is made, the newspaper said.

At present, a Chief Justice may remain in office until reaching the mandatory retirement age unless the office holder resigns, dies or is removed through impeachment.

The Government is also considering changes to the retirement ages of High Court, District Court and Magistrate’s Court judges.

High Court judges currently retire at 61, while District Court and Magistrate’s Court judges retire at 60. Unlike Supreme Court and Court of Appeal judges, who are appointed by the President following approval by the Constitutional Council, lower-court judges generally enter the judiciary as career judicial officers.

The Government has cited delays in the justice system as a major reason for the proposed changes.

Justice and National Integration Minister Harshana Nanayakkara recently said Sri Lankan courts had a backlog of about 1.1 million cases, with some taking decades to conclude.

The Government believes retaining experienced judges, increasing the number of judicial officers and hearing cases more frequently could help reduce the backlog.

Nanayakkara said prolonged court proceedings placed the greatest burden on ordinary litigants, some of whom died before their cases were concluded.

The Government is also considering recruiting more staff for the Government Analyst’s Department to reduce delays in examining court productions, including narcotics.

Government Analyst reports can take more than a year to reach courts in some cases, prolonging the detention of suspects and worsening prison overcrowding.

The Sunday Observer said proposals to extend the retirement ages of other professionals, including doctors, could be considered separately.