'Rata Next' calls for referendum over proposed change to judicial retirement age

A civil society organisation, ‘Rata Next’, has called for a national referendum on the government’s proposed constitutional amendment to increase the retirement age of judges, stating that the current process risks a potential conflict of interest.

The call follows a recent Cabinet decision approving a proposal submitted by the Minister of Justice to extend the judicial retirement age. Because the move involves altering the Constitution, it requires a two-thirds majority in Parliament before being submitted to the Supreme Court to determine whether public approval via a referendum is necessary.

In a statement released on Tuesday (28), Rata Next organisation said that expecting Supreme Court judges to rule on legislation that directly alters their own terms of service places them in an untenable position. The organisation noted that such a scenario could create a perceived conflict of interest and potentially undermine public trust in the judiciary.

"The judges of the Supreme Court should not be placed in a position where they are required to determine a constitutional amendment that directly affects their own retirement age," the statement read, urging that the final decision be put directly to the electorate.

Rata Next also questioned whether extending the retirement age would meaningfully address systemic delays in the administration of justice. The group argued that if the government’s primary goal is to clear court backlogs and improve efficiency, more direct structural reforms are required.

Among the measures suggested were increasing the overall judicial cadre, recruiting more judges, accelerating the digital transformation of court infrastructure, expanding the network of District and Magistrates' Courts, and introducing a legally regulated house arrest system for eligible offenders.

The organisation respectfully urged the Supreme Court to rule that the proposed amendment be submitted to the people in a referendum to safeguard transparency and maintain public confidence in Sri Lanka’s constitutional framework.