July 05, Colombo (LNW): President of the Commonwealth Lawyers’ Association, Steven Thiru, has cautioned that Sri Lanka could face a serious erosion of public trust in its judiciary if proposed changes to the retirement age of superior court judges are introduced without a transparent and inclusive consultation process.
Speaking at a public forum hosted by the Bar Association of Sri Lanka (BASL) on Saturday (04), Thiru stressed that the central concern was not whether judges should serve for longer, but how and when such constitutional changes are introduced, particularly if they affect judges currently holding office.
Referring to developments in Zimbabwe, Thiru highlighted the constitutional amendment enacted in 2021, which increased the retirement age of senior judges from 70 to 75 while the country’s Chief Justice was approaching retirement. He noted that the amendment was passed through an expedited legislative process, triggering widespread public debate and legal challenges.
He explained that Zimbabwe’s High Court initially ruled that the revised retirement age should not apply to judges already in office. Although that decision was later overturned by the Constitutional Court, Thiru said the episode left lasting concerns over judicial independence and reinforced public perceptions that the Executive had exerted undue influence over the judiciary.
Drawing parallels with Sri Lanka’s current debate, he warned that the country is at a pivotal constitutional moment and should avoid adopting reforms that could be viewed as benefiting incumbent judges or reshaping the composition of the higher courts.
Thiru emphasised that any constitutional amendment affecting the judiciary should be developed through a broad-based public consultation process, ensuring openness, accountability and public confidence. Reforms of such significance, he said, must not only uphold constitutional principles but also preserve the appearance and reality of judicial independence.
His remarks were made during a BASL forum convened to discuss the proposed constitutional amendment seeking to raise the retirement age of judges serving on the Supreme Court and the Court of Appeal.
