August 17, Colombo (LNW): The Government expects Parliament to complete the passage of the proposed 22nd Constitutional Amendment by late September or early October, despite mounting criticism over plans to increase the retirement age of judges.
Cabinet Spokesman and Health Minister Nalinda Jayatissa said the Bill is scheduled to be presented to Parliament on August 18, after which members of the public will have an opportunity to challenge its provisions before the Supreme Court.
He explained that once the Bill is formally tabled, petitions may be filed with the Supreme Court within the prescribed period. The Court will then examine the challenges and determine the constitutional requirements for the legislation before communicating its decision to Parliament.
A key issue for the Court will be whether the proposed amendment can be passed with a two-thirds majority in Parliament alone or whether it would also have to be put to a nationwide referendum.
Jayatissa said the Government would move ahead with the legislative process after receiving the Supreme Court’s determination, with the aim of bringing the amendment into force within the next few months.
The proposal has, however, become a contentious political and legal issue. The Chief Prelates, the Bar Association of Sri Lanka, opposition parties and a number of international organisations have voiced objections to the proposed changes to the retirement framework for members of the judiciary.
The Government’s announcement is therefore likely to intensify public debate over the independence of the judiciary and the constitutional implications of altering the tenure of judges.
