The Sri Lankan Government has defended its proposed changes to judicial retirement ages in a response to concerns raised by the UN Special Rapporteur on the independence of judges and lawyers, while saying it will respect the Supreme Court's determination on the proposed legislation.
The UN communication, dated 7 August, raised concerns that the proposed changes - particularly their application to serving superior-court judges - could have implications for judicial independence, separation of powers and public confidence in the judiciary.
The UN's Special Procedures communications database records that a reply from Sri Lanka was received on 21 August.
Government says reforms are broader than individual judges
According to the Government's reported six-page response, the proposed reforms are intended to address court backlogs and delays, retain experienced judicial officers and increase judicial capacity.
The Government rejected suggestions that the amendments were designed to extend the tenure of particular judges or immediately alter the composition of the judiciary.
It argued that applying the proposed retirement ages to currently serving judges was part of retaining judicial expertise while the number of courts and judicial positions is expanded.
These are the Government's stated reasons for the proposals and should not be presented as independent findings.
What does the 22nd Amendment propose?
The Twenty-Second Amendment to the Constitution was presented to Parliament for First Reading on 18 August 2026.
Parliament's official record confirms that it includes provisions to extend the retirement age of judges of the Supreme Court and Court of Appeal.
Current reporting states that the proposal would raise:
- Supreme Court judges' retirement age from 65 to 67;
- Court of Appeal judges' retirement age from 63 to 65.
The proposed legislation also contains provisions affecting the Chief Justice and the maximum number of Court of Appeal judges.
A separate Judicature (Amendment) Bill addresses retirement ages and numbers of judges in lower courts.
UN concern
UN Special Rapporteur Margaret Satterthwaite's communication expressed concern that extending the tenure of serving superior-court judges could raise questions involving:
- separation of powers;
- judicial freedom from undue influence or interference; and
- public confidence in judicial independence.
These are concerns raised by the UN Special Rapporteur. They are not a judicial finding that Sri Lanka has violated international law or judicial independence.
Supreme Court proceedings
Several petitions have been filed before the Supreme Court regarding the constitutionality of the proposed legislation.
The Government has said it will not prejudge that process and will respect the Supreme Court's determination.
The Supreme Court's eventual determination - not the arguments advanced by the Government, petitioners, professional bodies or international experts - will determine the constitutional requirements applicable to the Bill.
Related coverage
Sineth News previously reported on additional petitions filed in support of the Twenty-Second Amendment.