The Second Reading debate on the 22nd Amendment to the Constitution Bill will continue in Parliament today (25), with the vote on the Bill scheduled for 7 p.m., following the opening of the debate by Justice Minister Attorney-at-Law Harshana Nanayakkara yesterday (24).

Nanayakkara, presenting the Bill and the Judicature (Amendment) Bill for their Second Reading, said the proposed amendments were not intended to establish authoritarianism or suppress anyone, but to expedite cases and ensure justice and fairness for the public.

“Our policy statement, ‘A Wealthy Country – A Beautiful Life’, sets out the fundamental principles upon which the justice and legal systems should operate: equal and fair protection of the law, transparency and efficiency, independence, and public confidence,” he said.

Nanayakkara said the proposed changes were part of a broader judicial reform programme, arguing that increasing judicial efficiency alone would not be sufficient to establish the rule of law.

He said delays also arose from inefficiencies at several stages of the justice system, including investigations, prosecutions and the preparation of scientific reports.

According to Nanayakkara, the Attorney General’s Department was handling approximately 15,000–20,000 cases with a limited number of officers, while 118 vacancies at the Government Analyst’s Department had contributed to delays in producing reports. He said steps had been taken to recruit nearly 70 personnel on contract and permanent bases to reduce the backlog.

He also said 9,081 Government Analyst’s reports had been submitted in August.

Nanayakkara said there were approximately 1.1 million cases within the judicial system, while the number of courts and judges remained inadequate.

“This is not a situation that arose within one or two years. It is the result of approximately 20 to 25 years of proceeding without adequate forecasting and planning,” he said.

He said Sri Lanka had approximately 19 judges per million people, compared to between 40 and 60 or more in many developed countries, resulting in cases accumulating and frequent postponements.

Nanayakkara said the Government had increased the number of courtrooms by 29 over the past two years, increased the number of Commercial High Courts from four to five, established two permanent three-Judge High Courts and increased the number of High Courts from 48 to 49.

He also said the number of Civil Appellate High Courts had been increased from one to two, while three High Court courtrooms had been allocated specifically for bribery cases.

A Small Claims Court had also been established to facilitate the faster resolution of financial disputes, he said.

Nanayakkara said approximately 1,700 court staff were being recruited through the Judicial Service Commission, while steps were also being taken to expand the use of technology in the Judiciary.

He said e-Filing had been introduced at the Court of Appeal and Supreme Court and that its introduction to District Courts had commenced on Wednesday (23). E-Filing is also available at the Colombo Small Claims Court.

He said the Government was also taking preliminary steps to introduce voice-to-text technology in approximately 350 courts.

Turning to the proposed Constitutional Amendment, Nanayakkara said the retirement age of Supreme Court Judges would be increased from 65 to 67, while the retirement age of Court of Appeal Judges would be increased from 63 to 65.

He said the purpose was to retain experienced judicial officers as part of the broader judicial reform process.

The Bill also proposes increasing the number of High Court Judges from 110 to 120 and Court of Appeal Judges from 19 to 24.

Nanayakkara said the increase in High Court Judges would facilitate the establishment of additional courts in areas with high caseloads, while the additional Court of Appeal Judges could support sittings outside Colombo where the volume of appeals warranted such arrangements.

“People travelling from Jaffna, Hambantota, Ampara, Badulla and other parts of the country should not necessarily have to travel to Colombo to access appellate justice where suitable arrangements can be made,” he said.

He said the Government’s objective was to improve access to justice and reduce delays and the inconvenience caused to litigants.

“We are not introducing these Amendments to establish authoritarianism or to suppress anyone. We are introducing them to hear cases expeditiously and ensure justice and fairness for the people,” Nanayakkara said.

The proposed 22nd Amendment was presented to Parliament by Nanayakkara on 18 August. It primarily seeks to amend provisions relating to the retirement age of Supreme Court and Court of Appeal Judges. The Judicature (Amendment) Bill separately proposes changes relating to the retirement age of judges of the High Court, Magistrates’ Courts and other courts.

Following the presentation of the 22nd Amendment Bill, several petitions challenging its constitutionality were filed before the Supreme Court. The Court subsequently determined that the Bill did not require approval at a referendum. It also directed specific amendments to the Bill, including changes to the wording of the retirement provision and a provision concerning the six-year term limit for the Chief Justice serving when the Act comes into operation.

The Speaker communicated the determination to Parliament on 22 September, allowing the Bill to proceed through the Parliamentary process.

Opposition parties have raised objections to the proposed Amendment, while the Bill has also come under scrutiny from the Bar Association and other groups over the implications of extending the retirement age of Superior Court Judges.

Parliament is continuing the Second Reading debate today (25), with the vote scheduled for 7 p.m.