Sri Lanka Supreme Court Clears 22nd Amendment Without Referendum

Sri Lanka’s Supreme Court has ruled that the proposed 22nd Amendment to the Constitution does not require approval through a public referendum, clearing a major constitutional hurdle for the legislation. The determination was presented to Parliament by Speaker Jagath Wickramaratne on September 22.

The amendment proposes extending the retirement age of Supreme Court judges from 65 to 67 and that of Court of Appeal judges from 63 to 65. It also seeks changes to the composition of the appellate judiciary and introduces provisions concerning the Chief Justice’s tenure.

The Bill had faced constitutional challenges after being presented to Parliament, with petitions questioning whether the proposed changes affected judicial independence and the sovereignty provisions of the Constitution. A five-judge Supreme Court bench heard the challenges before issuing its determination.

While the court found that a referendum was not required, it directed specific changes to the wording of the Bill, including provisions concerning the Chief Justice. The amendment can proceed through Parliament once the court-identified changes are incorporated.

Parliament has scheduled debate on the 22nd Amendment and a related Judicature Amendment Bill for September 24 and 25. The separate legislation proposes changes to the retirement age of judges in lower courts and an increase in the number of High Court judges.

Published: 2h ago

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