Retirement age for judges: Innovation and policy

Independence of the judiciary is, without question, an essential element of a functioning democracy.

- BY PROFESSOR G. L. PEIRIS

In recognition of this, ample provision is made in the highest law of our country, the Constitution, to engender an environment in which the courts are able to fulfil their public responsibility with total acceptance.As part of this protective apparatus, judges of the Supreme Court and the Court of Appeal are assured of security of tenure by the provision that "they shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of members of Parliament, (including those not present), has been presented to the President for such removal on the ground of proved misbehaviour or incapacity" [Article 107(2)]. Since this assurance holds good for the entirety of tenure, it follows that the age of retirement should be defined with certainty. This is done by the Constitution itself by the provision that "the age of retirement of judges of the Supreme Court shall be 65 years and of judges of the Court of Appeal shall be 63 years" [Article 107(5)].

This provision has been in force ever since the commencement of the Constitution. Significant public interest, therefore, has been aroused by the lead story in a newspaper, Anidda of 13 March, that the government is proposing to extend the term of office of judges of the Supreme Court and the Court of Appeal by a period of two years.

This proposal, if indeed it reflects the thinking of the government, is deeply disturbing from the standpoint of policy, and gives rise to grave consequences. The courts operating at the apex of the judicial structure are called upon to do justice between citizens and also between the state and members of the public. It is an indispensable principle governing the administration of justice that not the slightest shadow of doubt should arise in the public mind regarding the absolute objectivity and impartiality with which the courts approach this task.