22nd Amendment Bill Not Inconsistent with Constitution: Speaker Jagath Wickramaratne

24-Sep-2026

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Speaker Jagath Wickramaratne informed Parliament that the Supreme Court had determined that the 22nd Amendment Bill to the Constitution and the Judicial (Amendment) Bill were not inconsistent with the Constitution and therefore did not require approval at a referendum.

He further said the Supreme Court had determined that the 22nd Amendment Bill could be passed by a two-thirds majority, while the Judicial (Amendment) Bill could be passed by a simple majority.

The Speaker made these remarks while informing Parliament of the Supreme Court's determination during the sitting held on 22 September 2026.

He further stated that, under Article 83 of the Constitution, no provision of the 22nd Amendment Bill, or any part thereof, required approval at a referendum.

However, in the proviso contained in Clause 2 of the 22nd Amendment Bill, the phrase referring to "the day on which the age of 67 years is attained" should be replaced with wording referring to "the day on which the age of 67 years is completed".

He also said that the provision stating that the six-year limit on the term of office would not apply to any person serving as Chief Justice on the date on which the Act comes into force should be added as the second proviso to Clause 2.

Similarly, the provisions of the Judicial (Amendment) Bill were not inconsistent with the Constitution and could be passed by a simple majority in Parliament.

The 22nd Amendment Bill to the Constitution, concerning an extension of the retirement age of judges and justices by two years, and the Judicial (Amendment) Bill were presented to Parliament on 18 August by Justice Minister Harshana Nanayakkara.

Following this, various parties filed petitions before the Supreme Court challenging the constitutionality of the Bills under Article 121 of the Constitution. A total of 67 petitions had been filed against the Bills.

The petitions were considered before a five-member bench headed by Chief Justice Preethi Padman Surasena and comprising Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.

Following the conclusion of the hearings on the petitions on 2 September, the Supreme Court's determination regarding the constitutionality of the Bills was sent to the Speaker.

Accordingly, a two-day debate on the 22nd Amendment Bill and the Judicial (Amendment) Bill is scheduled to be held tomorrow and the following day. The Bills will thereafter be put to a vote and proceeded with accordingly.