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SC rules: No referendum needed for 22A

SC rules: No referendum needed for 22A

23 Sep 2026


  • Holds special majority is sufficient 
  •  6-yr term limit for CJ not applicable to incumbent 
  • Judicature (Amendment) Bill also Constitutional

 The Supreme Court (SC) has determined that the 22nd Amendment to the Constitution does not require a referendum and can be passed with a special majority in Parliament, the Speaker announced while informing the House of the Court's Determination. He further added that several clauses in the 22nd Amendment may be passed with a simple majority in Parliament.

However, the Determination notes that the term/tenure limit of six years for the Chief Justice (CJ) will not apply to the incumbent CJ, Preethi Padman Surasena. This would mean that he has to retire upon attaining the age of 67. He assumed office as the CJ in late July of last year (2025).

The SC also determined that the Judicature (Amendment) Bill – which seeks to raise the age of lower Court/minor Judiciary officers by two years - is not inconsistent with the Constitution and can be passed with a simple Parliamentary majority. 

The 22nd Amendment to the Constitution Bill, which seeks to extend the retirement age of Judges of the Apex/Superior Courts (Court of Appeal [CA] and SC) from 63 to 65 in the case of CA Judges, and from 65 to 67 in the case of SC Judges, was presented to Parliament on 18 August by the Justice Minister, attorney Harshana Nanayakkara. Following its presentation, several parties challenged the Constitutionality of the Bill before the SC, with a total of 67 petitions filed in this regard. The petitions were heard before a five-member SC bench comprising CJ Surasena and Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath B. Abayakoon and K.M. Gihan H. Kulatunga. The hearing of the petitions concluded on 2 September, after which the SC bench announced that its Determination on the Constitutionality of the Bill would be referred to the Speaker.

Meanwhile, the Committee on Parliamentary Business has decided that the Parliamentary debate on the 22nd Amendment Bill will be held tomorrow (24) and on 25 September.




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