Judicial independence is facing renewed scrutiny following remarks attributed to President Anura Kumara Dissanayake regarding the extension of judges’ retirement age.
When the President met with the Judicial Officers Association and the High Court Judges Association on the evening of 1 June, it is reported that he indicated plans to permanently extend the retirement age of High Court judges, including the Chief Justice.
According to sources, the President made this statement before the official meeting commenced. At that time, the Minister of Justice, Harshana Nanayakkara, and Justice Ministry Secretary Ayesha Jinasena were not yet present.
It is further understood that representatives from both judicial associations did not provide a definitive response to the proposal during the discussion.
The meeting itself had been convened to address professional concerns such as salaries and allowances. However, the President used the opportunity to outline his views on extending judicial tenure more broadly.
He is also reported to have expressed an intention to extend the retirement age of all judges. Critics argue that a key motivation behind this proposal is to retain the current Chief Justice, Preethi Padman Surasena, in office for an additional two years. Under existing provisions, the Chief Justice is due to retire in December.
This proposed move has triggered strong concern across the legal community. Observers argue that allowing the executive to influence judicial tenure risks setting a troubling precedent that could undermine the independence of the judiciary.
The Bar Association of Sri Lanka, representing legal professionals in the country, has already voiced its opposition to the proposal.
At present, the Constitution stipulates a retirement age of 65 for Supreme Court judges and 63 for Court of Appeal judges. Any change to these limits would require a constitutional amendment.