Supreme Court age would rise to 67, Court of Appeal to 65, while companion reforms expand judicial capacity
Sri Lanka’s proposed Twenty-Second Amendment has moved from Cabinet approval to an official Gazette publication. The reform would raise retirement ages for superior-court judges, set a maximum tenure rule for the Chief Justice and expand judicial capacity. This explainer separates what has been proposed, what has already happened and what still requires Parliament.
Sri Lanka has officially published the proposed Twenty-Second Amendment to the Constitution in the Government Gazette, advancing a judicial reform package first reported after Cabinet approval earlier in the week.
On 4 August 2026, EconomyNext reported that Cabinet had approved publication of both the Twenty-Second Amendment to the Constitution Bill and a Judicature (Amendment) Bill after the Attorney General provided constitutional clearance.
The position has since advanced: both draft Bills are now listed in the official Government Bills register. Publication is a formal legislative step, but the proposals are not yet enacted law.
What the 22nd Amendment proposes
The official Twenty-Second Amendment Bill would amend Article 107(5) of the Constitution. Supreme Court judges would retire at 67 instead of 65, while Court of Appeal judges would retire at 65 instead of 63.
It also introduces a specific rule for the Chief Justice: retirement would occur either on reaching 67 or on completing six years from the date of appointment as Chief Justice, whichever happens first.
The Bill separately proposes changing Article 137 so that the maximum number of “other Judges” of the Court of Appeal increases from 19 to 24. These judges sit in addition to the President of the Court of Appeal.
What the 22nd Amendment Proposes
Latest Gazetted Proposal
These are provisions in a gazetted Bill. They do not take effect merely because the Bill has been published.
Why the government says the change is needed
Cabinet Spokesman Nalinda Jayatissa said the reform is intended to help address accumulated court cases and improve the speed and efficiency of legal proceedings. He also rejected claims that the proposal was designed to benefit a particular individual in the judiciary.
EconomyNext reported that 110 High Court judges were authorised but only 94 were serving, while the government planned to raise the permitted number to 120. It also reported that recruitment had been attempted for 50 Magistrates, with 33 candidates selected.
The wider programme includes staffing and operational measures involving the Government Analyst’s Department and Attorney General’s Department, alongside efforts aimed at reducing delays and pressure on the prison system.
From Cabinet approval to Gazette publication
The sequence matters because a constitutional proposal moves through several stages before it can change the law. The Gazette is therefore a milestone, not the finish line.
How the Proposal Has Progressed
Initial Approval
Cabinet gave initial approval to the draft reform package.
Publication Approved
Cabinet approved Gazette publication after constitutional clearance.
Bills Gazetted
Both draft Bills are now officially published.
Parliament
The constitutional Bill still requires the special parliamentary majority required by the Constitution.
Parliament still has the decisive legislative role
The Gazette does not itself change judicial retirement ages. The current Constitution still states in Article 107(5) that Supreme Court judges retire at 65 and Court of Appeal judges at 63.
Article 82(5) provides that a Bill amending the Constitution becomes law only if at least two-thirds of the whole number of Members of Parliament, including those not present, vote in favour, together with the applicable constitutional certification process.
That distinction is essential when following fast-moving constitutional news: the 22nd Amendment is now a formally published Bill, but its proposed retirement ages and structural changes are not yet operative constitutional rules.
The companion Judicature Bill reaches beyond the superior courts
The separately gazetted Judicature (Amendment) Bill would increase the statutory maximum number of High Court judges from 110 to 120. It would also raise the High Court retirement age from 61 to 63.
For other judges and Magistrates, the draft would set the retirement age at 62, notwithstanding contrary provisions in the Public and Judicial Officers (Retirement) Ordinance.
Together, the two Bills therefore address both judicial tenure and the available size of parts of Sri Lanka’s court system.
Companion Judicature Bill
Proposed changes beyond the Supreme Court and Court of Appeal
Proposed maximum number of High Court judges.
Two-year increase proposed.
Proposed statutory retirement age.
What the public should watch next
The next important developments will be the Bills’ presentation and progress in Parliament, any constitutional review arising through the prescribed process, the level of parliamentary support, and whether the final enacted text remains identical to the gazetted drafts.
The policy debate is also wider than retirement ages alone. The government’s stated objective is faster disposal of cases, while the practical outcome will depend on staffing, court capacity, administrative support and implementation across the justice system.
SLD Final Perspective
For Sri Lankans at home and around the world, the 22nd Amendment is significant because it concerns both the tenure of senior judges and the structure of institutions responsible for administering justice.
The most important point right now is status: the Bills have been gazetted, but they have not yet become law.
Sri Lanka Directory will continue presenting major national developments with clear context, verified source links and practical explanations for the global Sri Lankan community.
