Sri Lanka has published the draft 22nd Constitutional Amendment, proposing significant changes to the tenure of the Chief Justice, the retirement ages of judges serving on the Supreme Court and Court of Appeal, and the maximum number of judges permitted on the Court of Appeal.
The draft Bill was published in the Government Gazette dated 7 August 2026 as the proposed “Twenty-Second Amendment to the Constitution” of the Democratic Socialist Republic of Sri Lanka. Issued under the direction of the Minister of Justice and National Integration, the Gazette sets out a series of amendments to the country’s constitutional provisions governing the higher judiciary.
According to the draft legislation, amendments are proposed to Articles 107 and 137 of the Constitution. The changes focus on judicial retirement ages, the tenure of the Chief Justice, and the composition of the Court of Appeal.
One of the principal amendments relates to the retirement age of judges serving on the Supreme Court and the Court of Appeal. Clause 2 of the draft Bill proposes replacing Article 107(5) of the Constitution with a new provision specifying revised retirement ages for judges of the two superior courts.
Under the proposal, judges of the Supreme Court would retire upon reaching the age of 67. Judges of the Court of Appeal, meanwhile, would retire upon reaching the age of 65.
The draft legislation also introduces a specific provision governing the tenure of the Chief Justice. While the retirement age for a Supreme Court judge is set at 67, the proposed amendment establishes an additional limitation on the period a person may serve as Chief Justice.
Under the proposed provision, the Chief Justice would retire on whichever date occurs first: the date on which the office-holder reaches the age of 67, or the date marking the completion of six years from the day of appointment as Chief Justice. This would effectively introduce a maximum six-year term for the holder of the country’s highest judicial office, subject to the earlier retirement age requirement.
In addition to the proposed changes concerning judicial tenure, the Bill seeks to expand the size of the Court of Appeal. Clause 3 proposes an amendment to Article 137 of the Constitution by increasing the maximum number of Court of Appeal judges.
At present, the Constitution provides for no more than 19 judges on the Court of Appeal. The proposed amendment would raise that ceiling to a maximum of 24 judges, allowing for a larger appellate bench.
The draft legislation also contains a provision addressing potential inconsistencies between the official language versions of the Bill. Clause 4 states that, in the event of any inconsistency or discrepancy between the Sinhala and Tamil texts of the legislation, the Sinhala text shall prevail.
The publication of the draft Bill in the Government Gazette marks the formal presentation of the proposed constitutional amendments concerning the higher judiciary. As gazetted on 7 August 2026, the proposed reforms encompass revisions to judicial retirement ages, the introduction of a defined tenure for the Chief Justice, an expansion of the Court of Appeal’s judicial capacity, and a provision governing the interpretation of the legislation in the event of differences between its Sinhala and Tamil texts.
