Supreme Court Clears Parliamentary Route for 22A

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September 22, Colombo (LNW): The Supreme Court has ruled that the proposed 22nd Amendment to the Constitution does not require approval through a referendum and may instead be enacted by Parliament with the required special majority, according to a determination conveyed to the House by the Speaker.

The court has also found that the provisions of the Judicature (Amendment) Bill are compatible with the Constitution and may be approved by a simple majority of MPs. The Speaker said the court had further determined that a number of provisions contained in the 22nd Amendment could likewise be passed by a simple majority.

The constitutional amendment, which includes proposals to raise the retirement age of judges, was introduced in Parliament on August 18 by Justice and National Integration Minister Harshana Nanayakkara.

Its introduction prompted a legal challenge, with political parties and other petitioners questioning whether the proposed changes were constitutionally valid. In all, 67 petitions were submitted to the Supreme Court.

The cases were considered by a five-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.

Arguments in the cases concluded on September 02. The bench subsequently communicated its constitutional determination to the Speaker, in accordance with the procedure governing bills that face constitutional challenges.

Parliament is now preparing to consider the legislation. The Committee on Parliamentary Business has scheduled the debate on the 22nd Amendment Bill for September 24 and 25, 2026.