September 24, Colombo (LNW): Parliament has begun considering the proposed 22nd Amendment to the Constitution, with Justice and National Integration Minister Harshana Nanayakkara leading the Government’s case as the Second Reading debate got under way today.
The legislation is being debated over two days, with proceedings continuing on Friday, 25 September, in line with the programme approved by the Committee on Parliamentary Business.
The Bill, introduced in Parliament on 18 August, centres largely on changes to the retirement ages of judges serving in the superior courts. If enacted, the retirement age for Supreme Court judges would rise from 65 to 67, while that for Court of Appeal judges would move from 63 to 65. The legislation also proposes changes concerning the composition of the Court of Appeal.
The Bill has faced extensive constitutional scrutiny since its introduction. A total of 67 petitions were filed before the Supreme Court challenging its constitutionality, and the matters were considered by a five-member bench headed by Chief Justice Preethi Padman Surasena. The hearings concluded on 2 September.
On 22 September, Speaker Jagath Wickramaratne informed Parliament that the Supreme Court had determined that the 22nd Amendment did not require approval at a referendum under Article 83 of the Constitution. The Court said the measure could proceed through Parliament with the required special majority, while also directing specific changes to the wording of one provision and adding a further proviso concerning the six-year term limit for the Chief Justice.
The Supreme Court also determined that the separate Judicature (Amendment) Bill was not inconsistent with the Constitution and could be passed by a simple parliamentary majority.
The Court’s determination has paved the way for Parliament to resume consideration of the constitutional amendment, although the proposal remains politically contentious. Opposition parties have continued to voice objections, with the Samagi Jana Balawegaya organising a demonstration at Polduwa Junction in Battaramulla today as the parliamentary debate began.
The protest has contributed to heavy traffic in and around Polduwa Junction, Diyatha Uyana and the areas surrounding the parliamentary complex. Security has also been strengthened around Parliament amid the demonstration and the debate.
The proposed changes have also prompted public debate over the implications of extending judicial retirement ages. The Bar Association of Sri Lanka, for instance, has called on political parties to allow MPs to exercise their own judgement when speaking and voting on the legislation.
The Second Reading debate is scheduled to continue until 7.00 p.m. on Friday. Parliament is due to vote on the 22nd Amendment at 7.00 p.m. on 25 September, following the conclusion of the two-day debate.
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