A file photo.
The Bar Association of Sri Lanka (BASL) has issued a formal warning to President Anura Kumara Dissanayake over what it describes as an “unacceptable and prolonged delay” in appointing judges to the country’s highest courts. In a letter dated 30 June 2026, the BASL said the failure to fill four vacancies in the Supreme Court and four in the Court of Appeal is undermining judicial independence and eroding public confidence in the administration of justice.
The BASL noted that the first vacancy in the Supreme Court has remained open since June 2025, following the retirement of Justice Gamini Amarasekara. Subsequent retirements — including those of Justices S. Thurairaja PC, Kumudini Wickramasinghe, and Priyantha Fernando — have left the apex court operating with a significantly reduced bench for more than a year.
The Court of Appeal, the country’s second‑highest court, is facing a similar shortage, with four unfilled positions that the BASL says are impairing the court’s ability to manage its caseload.
The Association reminded the President of his constitutional duty under Article 107(1) to appoint judges to both courts, warning that prolonged vacancies are “inconsistent with the effective discharge of that important constitutional function.”
The letter also referenced an earlier communication sent on 25 May 2026, in which the BASL raised concerns about a proposed constitutional amendment to increase the retirement age of senior judges. The Association warned that such changes, combined with delays in appointments, could have “adverse implications for the independence of the Judiciary.”
Broader Context: Rising Concerns Over Institutional Checks and Balances
The BASL’s intervention comes amid growing public debate over the strength of Sri Lanka’s democratic institutions. Legal experts say delays in judicial appointments — especially at a time when Parliament is considering major reforms to financial‑crime legislation — risk weakening oversight mechanisms and concentrating power within the executive and law‑enforcement agencies.
Civil society groups have also warned that prolonged vacancies could slow down the adjudication of fundamental rights cases, appeals, and constitutional matters, potentially affecting thousands of litigants.
The Letter:
BAR ASSOCIATION OF SRI LANKA
30th June 2026
His Excellency Anura Kumara Dissanayake, President of the Democratic Socialist Republic of Sri Lanka, Presidential Secretariat, Colombo 01.
Your Excellency,
THE PROLONGED DELAY IN FILLING FOUR VACANCIES IN THE SUPREME COURT AND FOUR VACANCIES IN THE COURT OF APPEAL
We write further to our letter dated 25th May 2026 concerning the reported proposal to amend the Constitution to increase the retirement age of Judges of the Supreme Court and the Court of Appeal.
Whilst we are yet to receive a response thereto, we remain hopeful that Your Excellency will give due consideration to the concerns raised by the Bar Association of Sri Lanka (BASL) and appreciate the adverse implications such a measure may have for the independence of the Judiciary and public confidence in the administration of justice.
In addition to the matters raised therein, the BASL wishes to place on record its grave concern regarding the prolonged delay in filling four vacancies in the Supreme Court and four vacancies in the Court of Appeal.
The first of the existing vacancies in the Supreme Court arose upon the retirement of Justice Gamini Amarasekara on 20th June 2025. Thereafter, the retirements of Justices S. Thurairaja PC, Kumudini Wickramasinghe, and Priyantha Fernando have resulted in the present four vacancies in that Court.
In addition, there are four existing vacancies in the Court of Appeal which also remain unfilled.
Your Excellency would no doubt appreciate the constitutional responsibility vested in the President under Article 107(1) of the Constitution to appoint the Judges of the Supreme Court and the Court of Appeal. The continuation of these vacancies over a prolonged period is inconsistent with the effective discharge of that important constitutional function
The President has not yet responded to either of the BASL’s letters.