A total of 67 petitions were filed before the Supreme Court challenging the 22nd Amendment Bill. This is likely the highest number of petitions ever filed against a constitutional amendment bill in Sri Lanka.
One of the government’s principal arguments in support of the 22nd Amendment was that it would enable the judiciary to retain the services of experienced senior judges.
However, that argument has now become largely moot because of the composition of the five-member bench appointed by the Chief Justice to hear the petitions challenging the amendment.
The Chief Justice, who stands to benefit most directly from the 22nd Amendment, appointed the bench that will hear these petitions. In doing so, the principle of seniority within the Supreme Court appears to have been largely disregarded.
The current order of seniority among Supreme Court judges is as follows:
- Chief Justice Preethi Padman Surasena
- Yasantha Kodagoda
- A.H.M. Dilip Nawaz
- Shiran Gunaratne
- Janak de Silva
- Achala Wengappuli
- Mahinda Samayawardena
- Arjuna Obeysekara
- Sobitha Rajakaruna
- Menaka Wijesundara
- Sampath Abeykoon
- Sampath Wijeratne
- Gihan Kulatunga
The five-member bench appointed by the Chief Justice consists of:
- Chief Justice Preethi Padman Surasena
- Achala Wengappuli
- Arjuna Obeysekara
- Sampath Abeykoon
- Gihan Kulatunga
Among them, Justice Achala Wengappuli is sixth in seniority, Justice Arjuna Obeysekara is eighth, Justice Sampath Abeykoon is eleventh, and Justice Gihan Kulatunga is the most junior member of the Supreme Court, ranked thirteenth in seniority. Justice Kulatunga was appointed to the Supreme Court by President Anura Kumara Dissanayake in December 2025.
By constituting the bench in this manner, while bypassing several more senior judges, the government’s argument that the 22nd Amendment is necessary to preserve seniority and experience within the judiciary appears significantly undermined.
It is also noteworthy that Justice Yasantha Kodagoda, the second most senior judge after the Chief Justice, has rarely been nominated to hear fundamental rights cases in recent years. The authority to appoint Supreme Court benches rests solely with the Chief Justice.
(With the inputs from Anidda Sinhala site)