Supreme Court Clears 22nd Amendment Without Referendum, Exempts Incumbent CJ from 6-Year Term Limit

The Supreme Court of Sri Lanka has determined that the proposed 22nd Amendment to the Constitution Bill and the Judicature Amendment Bill do not violate core constitutional provisions and can proceed to a vote in Parliament without requiring a public referendum, according to an official announcement by the Speaker of Parliament.

The Supreme Court ruled under Article 121(1) that the provisions of the 22nd Amendment Bill do not require approval by a public referendum under Article 83 of the Constitution. However, the Court directed specific modifications to Clause 2 of the draft:

Clarity on Mandatory Retirement Age: The phrasing in Clause 2 will be amended to explicitly reference “the date completing sixty-seven” years of age rather than “reaching” sixty-seven.

Incumbent Exemption Proviso: A second proviso must be added to Clause 2 specifying that the newly proposed six-year term limit for the Chief Justice will not apply to the sitting incumbent holding office at the time the Act comes into operation.

The ruling ensures that while future Chief Justices will face a strict six-year tenure limit alongside the standard retirement age of 67, incumbent Chief Justice Preethi Padman Surasena—who assumed office in July 2025—remains exempt from early termination under the six-year cap and may serve until reaching the mandatory retirement age of 67.

The Supreme Court separately determined that the Judicature Amendment Bill is fully consistent with the Constitution. Consequently, Parliament may enact the legislation through a simple majority vote. The Speaker ordered the full text of the Supreme Court determinations to be entered into the official Parliamentary Hansard proceedings.