There are numerous international conventions and agreements relating to the judiciary, along with a series of progressive legal developments, from the Mesopotamian, Egyptian, Greek and Roman eras to the development of common law in medieval England, the Magna Carta, the 1787 United States Constitution, the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights and the 1985 Basic Principles on the Independence of the Judiciary.
Opposition Leader Sajith Premadasa said democratic governance is based on strengthening the legislature, which reinforces democracy, while distributing power among the executive and the judiciary through a system of checks and balances.
He said the greater the independence of the judiciary, the stronger democracy becomes, and that international legal principles and theories relating to judicial independence have been implemented in Sri Lanka as well.
However, Sajith Premadasa said some individuals remember these international principles and conventions while they are in the opposition but forget them after coming to power, as they seek to consolidate centres of power.
He said such actions amount to a violation of judicial independence and undue influence over the judiciary.
Opposition Leader Sajith Premadasa made these remarks while addressing a public discussion on protecting democracy, the rule of law and the independence of the judiciary, organized by the Samagi Bar Association at the Sri Lanka Foundation.
The government has proposed increasing the retirement age of Supreme Court judges from 65 to 67 and the retirement age of judges of the appellate courts from 63 to 65.
Sajith Premadasa questioned why the government is seeking to make such changes without abolishing the executive presidential system through a constitutional amendment.
He said these moves would undermine the independence of the judiciary, cause the public to lose faith in the judicial system, weaken democracy and create an attempt to establish a one-party dictatorship.
Malimawa is trampling on the people’s mandate
Sajith Premadasa said the government led by President Anura Kumara Dissanayake came to power claiming to protect democracy, even at a time when many parties opposed it.
However, he questioned why the government had betrayed the people’s mandate and was working to establish a dictatorial one-party rule instead of strengthening democracy.
People must unite against the Compass dictatorship
Sajith Premadasa said the government’s actions could lead to pressure from institutions such as the International Monetary Fund (IMF) and create further economic challenges.
He said the IMF wants to know the government’s position on the proposed amendments, while the European Union’s GSP+ trade concession could also be affected.
Therefore, he said the government, as well as the people, should be aware of these consequences and work together with the people to defeat what he described as wrongdoing.
Opposition Leader Sajith Premadasa added that such action is necessary to protect democracy.
