BASL challenges 22nd Amendment, warns of threat to judicial independence

The Bar Association of Sri Lanka (BASL) has challenged the proposed Twenty-Second Amendment to the Constitution before the Supreme Court, warning that the Bill raises serious concerns over judicial independence and the rights and interests of the people.

In a statement dated August 27, 2026, the BASL said it had taken a principled position against the proposed constitutional amendment and had therefore challenged its constitutionality before the Supreme Court.

The BASL observed that the incumbent Chief Justice would be the first Supreme Court judge to benefit from the amendment if the Bill becomes law.

It said there is also a widespread belief that the amendment is being rushed in order to extend the tenure of the Chief Justice, whose term would otherwise end on December 1, 2026.

The BASL noted that allegations concerning the Judiciary, including the incumbent Chief Justice, have recently been raised during Parliamentary proceedings and on social media.

During the same period, the BASL said it had also been subjected to what it described as unfounded attacks on social media and other platforms.

The Association stressed that the Judiciary, like every other institution exercising public power, must remain open to legitimate scrutiny and accountability.

It said judgments, judicial conduct and the administration of justice may be subjected to fair, informed and responsible criticism.

According to the BASL, when credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and dealt with through the appropriate constitutional and parliamentary procedures, while ensuring fairness and due process.

At the same time, the BASL called on everyone to act responsibly when making allegations against individual judges, lawyers and others.

It warned that personal attacks based on unsubstantiated allegations could weaken public confidence in the administration of justice and affect the independence and integrity of the judicial process and the wider justice system.

The BASL further said judicial independence is not intended to protect any individual from legitimate scrutiny or accountability.

Instead, it said judicial independence is a safeguard for the public, helping to ensure that disputes are decided impartially and that individual rights, the Rule of Law and the constitutional order are protected.

The Association therefore called on all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice.

It also urged that any genuine concerns relating to the Judiciary be addressed fairly and responsibly through the procedures established by the Constitution and the law.

The statement was signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva.