The government has proposed extending the retirement period of all judges by two years, widening an earlier plan that focused only on Appeal Court and Supreme Court judges, amid concerns over judicial vacancies and delays in concluding cases.
The revised proposal would include judges serving in the Magistrate’s Courts, District Courts and High Courts, in addition to judges of the Court of Appeal and Supreme Court, according to government sources. The move comes after the Judicial Service Association (JSA) unanimously rejected the proposal during a special general meeting held on July 11.
The government had initially considered extending the retirement age of senior judges at the appellate and Supreme Court levels. However, the proposal was later expanded to cover all judicial officers, with officials citing the shortage of judges and delays in court proceedings as reasons behind the change.
An extension for Supreme Court and Court of Appeal judges would require a constitutional amendment, while extending the retirement period of other judges could be implemented through amendments to relevant legislation, according to the reported government plan.
The Judicial Service Association opposed the proposal following a special general meeting held at the Kaduwela Magistrate’s Court. Members present were invited to express their views through a secret ballot, and all 65 members who attended voted against the government’s proposal.
However, questions were raised over the participation level at the meeting. Although more than 225 members were reportedly invited, only 65 attended. Some members argued that the attendance was insufficient to represent the wider membership of the association, which consists of more than 200 judicial officers.
The meeting was held under the leadership of the association’s vice president, following the resignation of its president, Colombo Fort Magistrate Pasan Amarasinghe, one day before the gathering.
Amarasinghe resigned from his position after disagreements emerged over the manner in which the special general meeting was organised. In a letter to members, he said he had concerns that the meeting was being conducted without following established procedures, including obtaining prior concurrence from the Judicial Service Commission.
He also stated that special general meetings of the association had traditionally been held after discussions with the Judicial Service Commission regarding the concerns being raised. Amarasinghe said his proposal to follow that process was rejected by the executive committee.
During the meeting, members discussed concerns that extending the retirement period of senior judges could affect career advancement opportunities for other judicial officers. They reportedly expressed fears that magistrates, additional district judges, district judges and High Court judges could retire without receiving promotions due to fewer vacancies becoming available at higher levels.
The dispute has created internal divisions within the Judicial Service Association, with Amarasinghe accusing certain executive committee members of acting outside accepted practices. He said he no longer had confidence in the association’s leadership and decided to resign from the presidency.
The proposal has also drawn attention from outside the judiciary. The Bar Association of Sri Lanka had previously expressed concerns regarding the extension of the retirement age of Court of Appeal and Supreme Court judges.
The government’s expanded proposal is now expected to be considered as discussions continue over judicial staffing, retirement rules and the possible legislative changes required to implement the extension.
