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Sri Lanka passes 22nd Amendment raising judges' retirement age despite opposition protests
Reported by Deepak Mishra (Copy Editor) · The Hindu - International ·
Reported by one source so far
Representative image · PexelsSri Lanka adopted the 22nd Amendment to its Constitution on September 25, 2026, raising the retirement age for Supreme Court judges from 65 to 67 and for Court of Appeal judges from 63 to 65. The change passed with a two‑thirds majority, receiving 158 votes in favour and 63 against after a two‑day debate in parliament. Government minister Bimal Ratnayake said the amendment is intended to speed up justice and not to extend parliamentary or presidential terms, stressing that the move is not meant to create a government stronghold. The opposition, led by Sajith Premadasa of the Samagi Jana Balawegaya (SJB), argued the amendment threatens judicial independence and democracy, accusing the government of using the change to consolidate power. SJB members staged a protest in parliament wearing black, and supporters gathered outside the building on September 24. The Bar Association of Sri Lanka and other opposition parties also opposed the bill, warning that it could undermine the courts. Critics pointed to an estimated backlog of 1.1 million cases as a reason for reform, but said extending judges’ tenure does not address the underlying delays. Opposition lawyers filed petitions in the Supreme Court, claiming the amendment breaches Article 3 of the Constitution, which protects the sovereignty of the people, and therefore should be approved by a nationwide referendum in addition to the parliamentary vote. The government rejected the call for a referendum, insisting the parliamentary majority is sufficient.
ExplainerWhy this matters
What Happened
Sri Lanka’s parliament approved the 22nd Amendment, which raises the retirement age for Supreme Court judges to 67 and for Court of Appeal judges to 65.
Why It Matters
The change touches the independence of the judiciary because longer tenures can reduce turnover and may keep judges aligned with the current government. Opponents say this undermines the checks and balances that protect democracy. At the same time, the country faces a backlog of about 1.1 million court cases, and the government argues that older judges can help clear the queue faster. Critics, however, point out that simply extending judges’ service does not solve procedural delays or resource shortages. The amendment also raises a legal question: petitioners argue it breaches Article 3, which guarantees the people’s sovereignty, and therefore should have been put to a national referendum.
What Happens Next
The Supreme Court will hear the petitions challenging the amendment’s constitutionality. If the court finds a breach, it may order a referendum or strike down the law. Meanwhile, opposition parties and the Bar Association are likely to continue protests and may push for legislative amendments to address case backlogs more directly. The government has said it will implement the amendment regardless of the challenge, so the next few weeks will show whether the legal battle can change the outcome.
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