No referendum required to increase judges’ retirement age: Justice Minister Harshana Nanayakkara

30-Jul-2026

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Justice and National Integration Minister Harshana Nanayakkara said there was no requirement to conduct a referendum regarding the decision to increase the retirement age of judges.

He said that when the number of judges was increased through the 20th Amendment to the Constitution in the past, no referendum had been conducted, and therefore the current decision would also not require one.

The Minister made these remarks while participating in the weekly Cabinet decision briefing held at the Government Information Department on July 28, 2026.

He further stated:

“As a lawyer, I am of the view that there is no necessity to conduct a referendum for this constitutional amendment. Article 83 of the Constitution clearly specifies which provisions require approval through a people’s vote. The amendments currently proposed by the Government relating to extending the retirement age of judges and increasing the number of courts do not fall within those provisions.”

He said that protecting judicial independence and increasing public confidence in the judiciary were responsibilities shared by the Government, lawyers and the Bar Association.

“If anyone challenges this amendment before the Supreme Court and the Court determines that a referendum is required, only then will the Government have to proceed towards obtaining public approval,” he said.

However, he said he did not believe the Supreme Court would reach such a conclusion under the present legal framework.

“The Opposition parties making such arguments should explain on what basis the Supreme Court could arrive at such a decision,” he said.

The Minister said delays in court proceedings lasting months and years had caused severe difficulties for the public.

“Therefore, the judiciary, like other sectors, must function efficiently,” he said.

He explained that increasing the retirement age of judges was only one aspect of improving court efficiency.

“We are taking action on several other areas. In particular, steps have been taken to resolve 29 issues causing delays in the Government Analyst’s Department. Problems within the Attorney General’s Department must also be addressed. Recruitment of staff for the Ministry of Justice and courts is also being carried out,” he said.

He said the Government was attempting to accelerate a system where hundreds of thousands of cases remained pending.

“In developed countries, there are 60 or more judges per one million people. In Sri Lanka, there are only about 20 judges per one million people. The number of courts and judges should have been increased during the past 10 to 15 years by considering future requirements,” he said.

The Minister said the Government was not only extending the retirement age of Supreme Court and Court of Appeal judges but also amending the Judicature Act to extend the retirement age of District Judges and Magistrates by two years.

“As judges gain experience and maturity, their ability to understand legal complexities and handle cases efficiently improves,” he said.

He noted that the retirement age had not been amended since 1978 and that many international countries had a retirement age of 70.

“The intention is to make use of the services of experienced judges for several more years,” he said.

The Minister stressed that the Government believed Sri Lanka’s judiciary was fully independent.

“Anyone has the right to express personal criticism or raise concerns. However, the fundamental objective of the Government is only to make the judicial process faster and more efficient,” he said.