सुप्रीम कोर्ट ने 22वें संशोधन को जनमत से मुक्त कर दिया, विरोध में न्यायिक स्वतंत्रता पर सवाल

Sri Lanka court clears 22nd Amendment, says no referendum needed

Sri Lanka's Supreme Court has ruled that the 22nd Amendment does not require a referendum. The finding clears a major hurdle for the Bill even as critics warn it could weaken judicial independence.

Sri Lanka's Supreme Court has held that the proposed 22nd Amendment to the Constitution does not need approval through a public referendum, Speaker Jagath Wickremaratna told Parliament on Tuesday. The ruling clears a key constitutional hurdle for the controversial Bill, which proposes changes to the retirement age of judges and the strength of the Court of Appeal.

The amendment seeks to raise the retirement age of Supreme Court judges from 65 to 67 years, and that of Court of Appeal judges from 63 to 65. It also proposes increasing the number of judges in the appellate court from 20 to 25, while raising the retirement age of judges of the High Court, District Courts and Magistrates' Courts to 62.

The Bill was tabled in Parliament in August, triggering the constitutionally allowed 14-day period for challenges to its constitutionality. More than 60 petitions were then filed in the Supreme Court, with petitioners arguing that the amendment affects judicial independence and therefore requires approval through a referendum.

After hearing the challenges, the Supreme Court issued its determination. Wickremaratna quoted the court as saying: "The provisions of the 22nd Amendment to the Constitution Bill or any part thereof do not require approval by the people at a referendum by virtue of the provisions of Article 83 of the Constitution."

The ruling is a setback for opposition parties and the Bar Association of Sri Lanka, which had argued that the amendment would undermine judicial independence and should therefore be put to a public vote. The Bar Association had also urged the government to hold a referendum even if the Supreme Court found that one was not required.

The proposed change had also drawn concern from UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite and the Commonwealth Lawyers Association. According to several opposition figures, the main argument in the petitions was that the 22nd Amendment infringes Article 3 of the Constitution, which deals with the sovereignty of the people, and therefore needs approval at a nationwide referendum in addition to a two-thirds majority in Parliament.

Opponents have described the amendment as a "direct assault" on the independence of the judiciary, saying it would give the executive president greater scope to influence the functioning of the courts. The government, however, has said the extension of judges' retirement age is needed to tackle a judicial backlog estimated at more than 1.1 million cases. The National People's Power government led by President Anura Kumara Dissanayake has a two-thirds majority in the 225-member Parliament, with 159 seats, as the debate over the amendment continues.

With PTI Inputs

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