Minister of Justice and National Integration Harshana Nanayakkara has rejected claims that the Government is seeking to extend the retirement age of superior court judges in Sri Lanka.
“I have no knowledge of any such matter, and I do not believe there is any active proposal or discussion taking place regarding an extension of the retirement age of judges at this time,” Nanayakkara told The Sunday Morning.
His remarks came amid concerns raised by several parties, including the Bar Association of Sri Lanka (BASL), over an alleged proposal to extend the retirement age of superior court judges.
When asked about the Government’s position or any ongoing discussions on extending the service period of sitting judges, the Minister dismissed the suggestion outright, stating that no such policy shift was currently under consideration.
However, he said that efforts were underway to recruit additional judges to address the growing backlog of cases within the judicial system, adding that increasing judicial capacity remained a priority despite financial and administrative constraints.
“More judges are currently being recruited. Reaching the globally accepted judge-to-population ratio is unlikely given our current financial situation and the recruitment process itself takes time. However, these ratios could change with the implementation of the new digitisation programme, which is designed to make the system faster and more efficient. The Judicial Service Commission (JSC) has yet to reach a final consensus on the matter, but recruitment is ongoing, although the exact upper and lower limits remain undetermined,” he said.
The debate over a possible revision of the retirement age has intensified amid concerns over the country’s mounting case backlog. According to statistics presented during parliamentary proceedings, 1,131,818 cases remain pending across the judicial system. The shortage of judges has been identified as a key factor contributing to delays throughout the court structure.
The alleged proposal has drawn criticism from professional bodies, including the Colombo High Court Lawyers’ Association, which wrote to President Anura Kumara Dissanayake on Wednesday (3) expressing concern over the reported move.
In the letter, signed by association President Wasantha Pitigala and Secretary Tenny Fernando, the association urged the Government to abandon any proposal to alter the constitutionally established retirement ages of superior court judges.
The association noted that under Articles 107 and 108 of the Constitution, Court of Appeal judges retire at the age of 63, while Supreme Court judges retire at 65. It argued that these limits ensured a regular infusion of new judicial talent into the superior courts and that altering them without a compelling justification would be constitutionally inappropriate.
The association further warned that extending the tenure of sitting judges would adversely affect the career progression of younger judicial officers.
“The career trajectory of an entire generation of judicial officers is stalled, their legitimate promotions denied, and the institutional morale of the judicial service irreparably undermined. To permit the continuation of sitting judges beyond their constitutionally mandated retirement age is, in effect, to sacrifice the professional advancement of the meritorious many upon the altar of the continued tenure of the few,” the letter stated.
The lawyers also expressed concern about the potential impact on public confidence in the independence of the Judiciary, arguing that an extension could create the perception of Executive influence over the courts.
– By Faizer Shaheid