Petitions filed against the 22nd Amendment to the Constitution, presented by the Government to Parliament, were taken up before the Supreme Court for a second consecutive day today (02).
The petitions are being heard before a five-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli, Arjuna Obeysekera, Sampath Abeykoon and Gihan Kulatunga.
Lawyers representing the petitioners who challenged the proposed Bill are currently presenting their submissions before the court.
Following the conclusion of the petitioners' submissions, counsel representing intervening petitioners are scheduled to make their submissions. The Attorney General is then expected to present arguments on the constitutionality of the proposed Bill.
The hearing, which commenced yesterday morning, continued until 10.30 p.m., lasting for nearly 12 hours.
President's Counsel Saliya Pieris, appearing for several parties including the Colombo Law Society, argued that the proposed amendment could affect Article 3 of the Constitution and undermine judicial independence.
He submitted that proposals to extend the retirement age of judges should require approval through a referendum. He further argued that granting Parliament alone the authority to make such changes could create a precedent that may affect judicial independence in the future.
Former Minister Rear Admiral Sarath Weerasekera, who filed another petition, also made submissions before the court, arguing that the proposed amendment could weaken judicial independence and have implications for popular sovereignty.
He maintained that the amendment should be approved through a referendum if it is to be enacted.
