Delay in Higher Court Appointments Unconstitutional, Says Truth Seekers

05-Jul-2026

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The Truth Seekers organisation has criticised the delay in appointing judges to the higher judiciary, stating that it undermines the rule of law and judicial independence.

In a statement, its founder and former MP, Attorney-at-Law Premnath C. Dolawatta, said President Anura Kumara Dissanayake's justification that appointments were delayed to prioritise recruitment to lower courts is legally and constitutionally untenable.

He noted that while the Judicial Service Commission is responsible for the administration and recruitment of lower courts, appointments to the Supreme Court and Court of Appeal are a constitutional responsibility of the President, subject to the approval of the Constitutional Council.

Dolawatta argued that administrative delays in lower courts cannot justify postponing higher judicial appointments. He said prolonged delays adversely affect the career progression of senior judges awaiting promotion and deprive them of future leadership opportunities within the judiciary.

He further contended that indefinite delays violate the constitutional guarantee of equal protection under Article 12(1) and weaken the public's right to timely justice by leaving vacancies in the higher courts unfilled.