40 professional bodies and trade unions join BASL in opposing 22nd Amendment

Representatives of 40 professional organisations and trade unions in Sri Lanka have joined the Bar Association of Sri Lanka (BASL) in opposing the proposed Twenty-Second Amendment to the Constitution and called on the Government to withdraw it immediately.

The organisations met at the BASL on Monday (August 31) and adopted a joint statement supporting the Bar Association’s position on the proposed constitutional amendment.

According to the BASL, the proposed amendment seeks to extend the retirement age of judges, including judges of the Supreme Court and Court of Appeal.

The groups said such a change could threaten the independence of the judiciary and, as a result, affect the rule of law, democracy and the sovereignty of the people.

Among the organisations represented were the Federation of University Teachers’ Associations (FUTA), Government Medical Officers’ Association (GMOA), Railway Station Masters’ Union, Graded Principals’ Association, Academy of Health Professionals Sri Lanka and College of Medical Laboratory Science Sri Lanka.

The Sri Lanka Association of Medical Laboratory Scientists, Locomotive Officers’ Association, Sri Lanka Association of Government Medical Laboratory Technologists, Government Union Printers, Postal Trade Union, Government Nursing Association and All Ceylon Management Service Association were also among the organisations named in the statement, together with 24 other professional organisations and trade unions.

The joint statement said judicial power forms part of the sovereignty of the people and noted that constitutional provisions dealing with the retirement age of Superior Court judges are included in the section of the Constitution concerning the independence of the judiciary.

The groups also referred to a Supreme Court Special Determination on the Inland Revenue (Amendment) Bill, SC/SD/64–71/2022.

According to the statement, the Supreme Court held in that determination that a constitutional amendment affecting the retirement age or period of office of incumbent judges, either directly or indirectly, would affect judicial independence and violate Article 3 of the Constitution, requiring approval by the people at a referendum.

The signatories also pointed to opposition to the proposed amendment from several religious, judicial, professional and legal organisations.

They included the Maha Sangha, Catholic Bishops’ Conference in Sri Lanka, Church of Ceylon, BASL, Judicial Service Association, Commonwealth Lawyers Association, LAWASIA, International Association of Judges, United Nations Special Rapporteur on the Independence of Judges and Lawyers and the French National Bar Council.

The participating organisations unanimously agreed to oppose the proposed Twenty-Second Amendment and called on the Government to withdraw it immediately.

They also urged the Government to give priority to filling all existing vacancies in the Superior Courts without further delay.

The groups said that if the Government decides to proceed with the proposed amendment, the matter should be referred directly to the people for determination at a referendum.

The BASL said the joint statement reflected collective opposition to measures that could undermine judicial independence, while the signatories reaffirmed their commitment to protecting the independence of the judiciary, the rule of law, democracy and the sovereignty of the people.