• Constitutional amendments to expand Judiciary and boost court efficiency
• Govt cites 1.1 m case backlog; plans more Appeal and High Court judges
• No referendum required for reforms, says Cabinet Spokesperson
• Legal groups question move as vacancies in Superior Courts remain unfilled

The Cabinet of Ministers has approved a proposal to extend the retirement age of judges serving in all courts, including the Supreme Court (SC) and the Court of Appeal (CA), as part of a broader package of judicial reforms aimed at addressing a backlog of more than 1.1 million cases.

Justice Minister Harshana Nanayakkara said the proposal was approved at Monday's (27) Cabinet meeting chaired by President Anura Kumara Dissanayake.

Responding to questions at the weekly Cabinet media briefing, Nanayakkara said retaining experienced judges would help expedite the disposal of pending cases while wider reforms are implemented across the justice sector.

He said the extension of the retirement age was only one element of a comprehensive programme to improve court efficiency, with parallel reforms planned for the Government Analyst's Department, the Attorney General's Department, court administration and staffing.

"We promised that people should not have to spend months and years waiting in courts. The justice system must become efficient like other systems," he said.

Nanayakkara noted that Sri Lanka currently has around 20 judges per one million people, compared with 40 to 60 or more in many developed countries. He attributed the case backlog partly to the failure to increase the number of judges through proper planning over the past 10 to 15 years.

He said the proposed amendments to the Judicature Act, No. 2 of 1978, would apply to judges at all levels, including the SC, the CA, High Courts (HCs), district courts and magistrates' courts. Extending the retirement age would allow experienced judges to continue serving, contributing to the development of legal principles and improving the efficiency of the Judiciary.

Nanayakkara added that similar proposals had been discussed for several years, including by the Bar Association of Sri Lanka (BASL) and Parliamentarian and attorney Rauff Hakeem, while concerns raised by members of the Judiciary would also be taken into consideration.

Responding to criticism that the move could undermine judicial independence, he said the reforms were not aimed at any individual or court but would apply across the Judiciary.

As part of the reform package, the Cabinet also approved the drafting of amendments to the Constitution and the Judicature Act to increase the number of judges and strengthen the administration of the courts.

The Government said additional CA judges are needed to enable the Court's jurisdiction to be exercised on a regional basis under Article 146 of the Constitution, while more HC judges are required to reduce delays in criminal cases before Provincial HCs and civil appeals before Civil Appellate HCs.

The proposed increase in the retirement age is also intended to ensure experienced judges remain in service as the number of courts expands and the CA adopts a regional structure.

Accordingly, the Cabinet approved a proposal by Nanayakkara to instruct the Legal Draftsman to prepare the necessary constitutional and legislative amendments, with the stated objective of strengthening judicial independence while improving the efficiency and orderly administration of the courts.

Meanwhile, Cabinet Spokesperson Dr Nalinda Jayatissa said there would be no requirement to hold a referendum to implement the proposed increase in the retirement age of judges.

Addressing the weekly Cabinet media briefing yesterday, he said the Constitution does not require a referendum for the proposed amendments.

He explained that the constitutional amendment would also empower Parliament to increase the retirement age of judges, expand the number of courts and improve the efficiency of the judicial system.

"The SC will only be consulted on whether the constitutional amendment is in line with the Constitution and on the procedure that should be followed. According to the normal process, these steps are being taken to implement the principles mentioned in the Government's policy statement," he said.

Highlighting the scale of the backlog, Dr Jayatissa said there are 1,403 pending cases in the Kurunegala HC, 1,453 in Matara, 1,500 in Negombo and 3,435 in Colombo, adding that similar backlogs exist in HCs across the country.

He said the Government expects to fill existing judicial vacancies and establish several new HCs outside Colombo to ease the pressure on the court system.

The Government had previously indicated that it would seek to raise the retirement age of CA judges from 63 to 65 years and that of SC judges from 65 to 67 years through a constitutional amendment.

However, the proposal has drawn criticism from several legal groups, with lawyers' associations arguing that the Government should first fill the existing vacancies in the Superior Courts. They claim there are currently eight vacancies in the SC and the CA, which have remained unfilled for an extended period.