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# Sri Lanka Government Uses Two-Thirds Majority to Pass Contested Judicial Amendment
- URL: https://www.jaffnamonitor.com/featured/sri-lanka-government-uses-two-thirds-majority-to-pass-contested-judicial-amendment/
- Published: 2026-09-25T15:38:04.000Z
- Updated: 2026-09-25T15:47:25.000Z
- Author: Our Reporter
- Tags: September 2026

**COLOMBO, Sri Lanka —** Sri Lanka's Parliament on Friday approved a constitutional amendment raising the retirement age of senior judges, passing a measure opposition parties and lawyers had opposed for weeks, arguing it could weaken judicial independence.

The 22nd Amendment to the Constitution passed 158 to 63, clearing the two-thirds majority required for constitutional changes. A companion measure, the Judicature (Amendment) Bill, passed by the same margin.

The amendment raises the retirement age of Supreme Court judges to 67 from 65, and of Court of Appeal judges to 65 from 63\. The companion bill adds two years to the retirement ages of judges in the lower courts.

The government of President Anura Kumara Dissanayake says the changes are needed to keep experienced judges on the bench while it expands the court system and works to reduce a large backlog of cases. Critics questioned why the government was amending the Constitution to extend the tenure of judges already serving. Sixty-seven petitions were filed in the Supreme Court against the amendment, reported to be the largest number ever filed against a proposed constitutional amendment in Sri Lanka.

The vote followed party lines. Every member of the governing National People's Power who took part voted in favor. The 63 votes against came from across the opposition, including the Samagi Jana Balawegaya and its allies, the Sri Lanka Podujana Peramuna, the United National Party, the New Democratic Front and three Tamil parties: the Ilankai Tamil Arasu Kadchi, the Tamil National People's Front and the Democratic Tamil National Alliance. Archchuna Ramanathan, an independent lawmaker, also voted against it.

Many opposition lawmakers came to Parliament dressed in black, a coordinated gesture of protest against the legislation.

Three opposition lawmakers were absent from Parliament during the vote: Ravi Karunanayake and Faiszer Musthapha of the New Democratic Front, and Nayana Wasalathilaka of the Samagi Jana Balawegaya.

The National People's Power won 159 of Parliament's 225 seats in the 2024 general election, enough to amend the Constitution without opposition support.

The government published the amendment in the official Gazette on Aug. 7\. Harshana Nanayakkara, the Minister of Justice and National Integration, presented it to Parliament on Aug. 18.

In addition to the 67 petitions against the amendment, five were filed against the Judicature bill. A five-judge bench led by Chief Justice Preethi Padman Surasena heard the cases. The other members were Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath B. Abayakoon and K.M.G.H. Kulatunga. Petitioners asked that the full Supreme Court hear the challenges, and the court declined. The hearings lasted nearly 12 hours over two days and ended on Sept. 2.

The central question was whether Parliament could enact the amendment with a two-thirds majority alone, or whether it altered provisions of the Constitution that, under Article 83, also require approval by voters in a national referendum. The attorney general argued that the amendment did not affect any of those provisions.

The court agreed. Its determination, which Speaker Jagath Wickramaratne read to Parliament on Sept. 22, found that no part of the amendment required a referendum. The court also found that the Judicature Bill was consistent with the Constitution and could pass by a simple majority.

The court did order two changes to the amendment. It directed that the wording on the chief justice's retirement refer to the date on which the chief justice has completed 67 years of age. It also required a provision stating that a proposed six-year limit on the chief justice's term would not apply to the person holding the office when the amendment takes effect.

Parliament debated both measures on Thursday and Friday. Shortly after 7 p.m. on Friday, Nalinda Jayatissa, the chief government whip, called for a division, and lawmakers voted electronically.

Mr. Nanayakkara and the Justice Ministry have said the changes apply to the judiciary as an institution and are not aimed at any individual judge. The ministry has argued that judges often reach the height of their experience shortly before they are required to retire, and that keeping them for two more years will help as the government adds judges to the system.

The government plans to increase the number of High Court judges to 120 from 110 and Court of Appeal judges to 24 from 19\. It is also studying whether the Court of Appeal could sit outside Colombo, so that people from distant districts would not have to travel to the capital for appeals.

Mr. Nanayakkara told Parliament that judges would still be able to retire early and receive full pensions.