UN warns Sri Lanka over proposed judicial retirement age increase

The United Nations has warned the Sri Lankan government that a proposed constitutional amendment to extend the retirement age of superior court judges risks undermining judicial independence and public trust.

UN Special Rapporteur Margaret Satterthwaite outlined the international human rights concerns in an official communication addressed to state authorities on August 7.

The proposed legislation seeks to raise the mandatory retirement age from 65 to 67 for Supreme Court judges and from 63 to 65 for Court of Appeal judges.

Under the current draft, the extended tenure would apply directly to sitting judges rather than solely to future appointees.

Satterthwaite acknowledged that retaining judicial expertise and maintaining institutional continuity can justify an increased retirement age.

However, she emphasized that reforms altering judicial tenure demand extensive public debate and robust legislative safeguards because the judiciary acts as a vital check on executive and legislative authority.

The Special Rapporteur cautioned that applying the change without transitional arrangements could create a perception that the government intends to manipulate the current bench for immediate political objectives.

She noted that allowing sitting judges to benefit from the extension could trigger serious conflicts of interest if those same judges are called upon to rule on the constitutionality of the amendment.

While this situation may not automatically establish individual bias, the lack of disqualification mechanisms threatens to destroy public faith in judicial neutrality.

Any legislative effort to alter judicial service conditions must occur within a transparent and comprehensive reform framework involving civil society, legal academics, and the Bar Association of Sri Lanka.

Ad-hoc constitutional amendments that compromise the separation of powers threaten Sri Lanka's democratic governance and international standing.

The United Nations has requested that the Sri Lankan government submit detailed information regarding the rationale behind applying the extension to serving judges, alongside evidence of previous consultations with legal stakeholders and planned safeguards against executive interference.