The government expects the 22nd Amendment to the Constitution to be enacted into law by the end of September or early October, Cabinet Spokesman Nalinda Jayatissa said, giving the first concrete timeline for a measure that has drawn sustained opposition from the judiciary’s defenders.
Speaking to reporters on Sunday, the Health Minister said the Bill — which seeks to raise the retirement age of judges — will be presented to Parliament on August 18.
Court challenge window opens after tabling
Once the Bill is tabled, members of the public will be able to challenge it by filing petitions before the Supreme Court, Dr. Jayatissa said.
The court will consider any petitions and communicate its determination to Parliament. “The Supreme Court will decide whether the Bill requires a two-thirds majority in Parliament or must also be approved through a referendum,” he said.
The government intends to move ahead with enactment once that determination reaches Parliament, he added.
Opposition from prelates, lawyers and international bodies
The proposal to extend judges’ retirement ages has met resistance from the Chief Prelates, the Bar Association of Sri Lanka, opposition parties and several international organisations, Daily Mirror reported.
The Bill was gazetted on August 7 alongside a companion amendment to the Judicature Act. The BASL has warned it will pursue legal avenues against the amendment, while opposition parties have asked that any petitions be heard before a full bench of the Supreme Court.
The Chief Prelate of the Kotte Sri Kalyani Samaggri Dharma Maha Sangha Sabhawa said on Sunday he would consult the three main Buddhist chapters on the amendment before conveying his position to President Anura Kumara Dissanayake.
Update: Bill placed on the Order Paper
The Bill has been included in the Parliament Order Paper ahead of Tuesday’s sitting, Ada Derana reported — the formal step confirming it will be taken up on August 18.
It is expected to be presented by the Minister of Justice and National Integration, Attorney-at-Law Harshana Nanayakkara.
Ada Derana described the proposed legislation as seeking to amend the Judicature (Amendment) Act No. 2 of 1978, including provisions relating to the retirement age of judges. The government gazetted the constitutional amendment on August 7 alongside a companion Judicature Act amendment, and the two measures have been reported together.
The challenge window, in numbers
Ada Derana set out the constitutional timetable that follows tabling:
- A Bill presented to Parliament can be challenged before the Supreme Court within 14 days.
- The Supreme Court must communicate its determination to Parliament within three to 21 days of considering such a petition.
That timetable is consistent with the government’s stated aim of enacting the amendment by the end of September or in October.