A referendum is necessary to pass the proposal for extending the retirement age of judges, said former minister Professor G. L. Peiris.
The former minister expressed these views participating in a press conference held by the Joint Opposition.
He further stated that even during past colonial times, the governor representing the British crown never attempted to interfere with the Supreme Court operations, showing complete respect for its dignity and independence.
He added, unfortunately, the current government is attempting to bring the Supreme Court under its control, and a systematic effort to manipulate judicial proceedings through political influence is visible today, which is not an exaggeration.
He said, that therefore, this question must be handed over to a higher court than the Supreme Court, which is the court of the people, and the responsibility of making the final decision on this matter should be handed over directly to the people of Sri Lanka, as a two-thirds majority in parliament is insufficient and a referendum is mandatory because the move aims to destroy rather than weaken a main pillar of the constitution, which is judicial independence.
Prof. Peiris added:
“Even during past colonial times, the governor representing the British crown never attempted to interfere with Supreme Court operations, showing complete respect for its dignity and independence. Unfortunately, the current government attempts to bring the Supreme Court under its control, and a systematic effort to manipulate judicial proceedings through political influence remains visible today, which is not an exaggeration.
A fundamental principle respected across all eastern and western legal systems since the beginning of history is that no one can judge their own case, meaning a judge with a conflict of interest possesses no moral or legal right to preside directly over such a matter, a universally accepted truth from the Greek and Roman eras to Indian legal philosophers.
Under the government plan to grant an additional two years to Supreme Court and appeal court judges, the beneficiaries cannot be assigned the final responsibility of deciding the legality of the move since they receive a direct advantage.
Therefore, this question must be handed over to a higher court than the supreme court, which is the court of the people, and the responsibility of making the final decision on this matter should be handed over directly to the people of Sri Lanka, as a two-thirds majority in parliament proves insufficient and a referendum remains mandatory because the move aims to destroy rather than weaken a main pillar of the constitution, which is judicial independence.”








