The UN Special Rapporteur on the independence of judges and lawyers has raised concerns over Sri Lanka’s proposed constitutional amendment to increase the retirement age of superior court judges, warning that the move could affect judicial independence and public confidence in the judiciary.
In a communication dated August 7 to the Sri Lankan Government, Special Rapporteur Margaret Satterthwaite said the proposed amendment, in its reported form, may not be consistent with international human rights standards on judicial independence and the right to a fair trial.
The proposal seeks to raise the mandatory retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65. The proposed changes would reportedly apply to sitting judges as well as future appointees.
Satterthwaite acknowledged that extending the retirement age could be justified by the need to retain judicial expertise and ensure institutional continuity. However, she stressed that changes affecting judicial tenure require meaningful consultation, debate and strong safeguards.
She warned that, despite no individual judges being expressly identified as beneficiaries, the amendment could have the practical effect of extending the tenure of specific members of the superior courts.
The Special Rapporteur also expressed concern that the absence of transitional arrangements or objective safeguards could create a perception that the amendment is intended to alter the composition of the judiciary for immediate institutional purposes rather than establish a generally applicable constitutional rule.
She further highlighted a potential conflict of interest if judges who could benefit from the extension are later required to rule on the constitutionality of the amendment.
Satterthwaite recommended that any change to the judicial retirement age be pursued through a transparent, inclusive, impartial and comprehensive justice reform process.
She warned that an ad hoc amendment without adequate consultation and safeguards could pose a serious threat to judicial independence.
The Sri Lankan Government has been asked to provide information on the rationale for applying the proposed changes to sitting judges, safeguards against executive or legislative interference, and consultations held with the judiciary, the Bar Association of Sri Lanka, legal professionals, civil society and academics.
