Rajith Keerthi Tennakoon CEO/Free Lawyers 

Free Lawyers Sri Lanka expresses deep concern over the Government’s continued delay in filling vacancies in the Supreme Court and Court of Appeal, alongside reported moves to extend the retirement age of judges in these courts by two years. These actions risk undermining judicial independence, exacerbating case backlogs, and eroding public trust in the justice system.

Delaying Appointments to the Supreme Court and Court of Appeal

On Delaying Appointments to the Supreme Court and Court of Appeal

The Government argues for a bottom-up” strategy, prioritising recruitment of magistrates and lower court judges before addressing the four vacancies in each of the superior courts. It claims this is essential for systemic sustainability and denies that vacancies are being used as leverage. 

While lower court vacancies must be addressed, prolonged understaffing of the apex courts cannot be justified. Over six months of vacancies have already caused serious delays in justice delivery, increased pressure on sitting judges, and affected high-stakes constitutional and appellate matters. The Constitution demands timely appointments to superior courts; using lower court needs as an excuse for inaction at the highest levels weakens the entire judicial hierarchy rather than strengthening it.

On Workload and Cadre Claims

The Government suggests the Supreme Court cadre does not require all positions to be filled simultaneously and that current workloads do not warrant urgency. 

This view underestimates the real impact on the administration of justice. Even a few vacancies at the apex level create bottlenecks, delay precedent-setting decisions, and diminish public access to timely remedies. Normalising understaffing sets a dangerous precedent and cannot substitute for prompt, transparent appointments.

On Extending Retirement Age of Supreme Court and Court of Appeal Judges

The Government contends that raising the retirement age (Supreme Court from 65 to 67 years; Court of Appeal from 63 to 65 years) will retain experienced judges longer and allow them to serve in higher courts, addressing promotion gaps for career judicial officers. 

This proposal fails on its own terms. Judges nearing promotion who currently miss out due to vacancies will face the identical situation if retirement ages are extended across the board. They will merely serve two additional years without gaining promotion. The net effect is not improved succession or experience utilisation but a blanket prolongation of tenure that offers no structural solution. More critically, such an extension — requiring constitutional amendment — is likely to be perceived as an inducement to sitting judges, compromising their independence and public confidence. It contradicts the principles of judicial tenure and the system change” commitments made by the Government. 

Free Lawyers Sri Lanka warns that these moves, taken together, create a concerning pattern that threatens the separation of powers. ‘Free Lawyers Sri Lanka’ urges the Government to:

•  Immediately commence transparent processes to fill all vacancies in the Supreme Court and Court of Appeal.

•  Abandon the proposed constitutional amendment to extend retirement ages.

•  Engage constructively with the Bar Association of Sri Lanka, the judiciary, and civil society for genuine reforms that enhance efficiency while safeguarding independence.

The independence of the judiciary is non-negotiable. Delays in appointments and politically timed tenure changes undermine the rule of law and the public’s fundamental right to justice.

Free Lawyers Sri Lanka calls upon all stakeholders to defend these democratic safeguards.

Free Lawyers Sri Lanka

Colombo

Rajith Keerthi Tennakoon

CEO/Free Lawyers 

Former Governor of Uva, Southern and Central Provinces

Former Executive Director of Campaign for Free and Fair Elections (CaFFE) and Center for Human Rights and Research – CHR Sri Lanka