The Bar Association of Sri Lanka (BASL) has urged for the introduction of transparent and merit-based criteria when appointing judges to the country’s Supreme Court. In a letter addressed to President Anura Kumara Dissanayake, the BASL emphasized the importance of adhering to principles such as seniority, eligibility, and competence in the selection process.
The BASL stressed that appointments to the apex courts have a profound and lasting impact on the judiciary and the legal system, underscoring the need for transparency and accountability in these appointments. The letter highlighted that there are currently four vacancies in the Supreme Court, and the choices made could influence the country’s legal framework for years to come.
The letter also referenced guidelines formulated by the Bar Council in 2014, which outline several key recommendations for judicial appointments. These include the need for appointees to possess an impeccable record of integrity, independence, and the necessary competence to serve as Supreme Court judges. The BASL further suggested that appointments from the Court of Appeal should follow seniority, barring any exceptional reasons to depart from this norm. In addition, appointments from the Official Bar should generally align with the seniority of the Solicitor General or Senior Additional Solicitor General, while appointments from the Unofficial Bar should be considered for attorneys with at least 25 years of active practice.
The BASL also called for consultations with key legal figures, including the Chief Justice, the Attorney General, and the President of the Bar Association, when making Supreme Court appointments. These measures, according to the BASL, are crucial in promoting good governance, strengthening the rule of law, and ensuring the continued independence of the judiciary.
