Bar Association challenges proposed 22nd Amendment in Supreme Court

The Bar Association of Sri Lanka (BASL) has filed a petition in the Supreme Court challenging the proposed 22^nd Amendment to the Constitution, arguing that the legislation poses a severe threat to the independence of the judiciary and the sovereignty of the people.

Filed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva under petition SC (SD) No. 47/2026, the legal action targets two central provisions in the bill.

Clause 2 seeks to raise the retirement age for Supreme Court judges from 65 to 67 and for Court of Appeal judges from 63 to 65—while capping the Chief Justice’s tenure at six years. Clause 3 proposes expanding the Court of Appeal bench from 19 to 24 judges.

In its petition, the BASL asserts that judicial power is an inalienable component of popular sovereignty under Article 3 of the Constitution.

The association argues that any measure undermining judicial independence directly violates Article 3, meaning the bill cannot legally pass without a national Referendum.

The filing warns of "abusive constitutionalism" and "court capture," pointing out that extending the terms of incumbent judges locks in the current bench while the expansion of the Court of Appeal allows the executive branch to dilute judicial influence.

The petitioners further state that the process lacked public consultation and lacked a mandate from the electorate.

Raising concerns over acute conflicts of interest, the petition notes that granting sitting judges an additional 24 months in office confers a direct financial benefit, creating a perception of bias.

It highlights that the proposed changes bypass the Constitutional Council's mandatory appointment mechanism and raise serious questions under the Anti-Corruption Act No. 9 of 2023.

The BASL has urged the Chief Justice to convene a Full Bench of all Supreme Court judges to hear the matter, praying for a determination that the bill—or at minimum Clauses 2 and 3—requires approval by the public at a Referendum before becoming law.