Any government in power with the executive presidency in hand and a two-thirds parliamentary majority to boot will want to have its way, however much there is opposition to what they propose to do. The ruling JVP-led National People’s Power (NPP) is in that position today and will steamroll its constitutional amendments to increase the retirement age of sitting judges of the Supreme Court and the Court of Appeal despite strong opposition from some quarters, including those within its own ranks. The Bar Association of Sri Lanka (BASL) has led the charge against the proposed amendments, along with opposition political parties, some sections of the clergy, civil society groups, etc. These have had no impact on a government hell-bent on having its way.
President Anura Kumara Dissanayake and the NPP are not doing anything very different from what their predecessors did when they too had this kind of power. Be it under J.R. Jayewardene, Chandrika Kumaratunga or Mahinda Rajapaksa, there have been instances where they had little qualms about interfering with the functioning of the judiciary. Chief Justices were appointed at the whim and fancy of the executive, and Chief Justices were removed also at their whim and fancy.
Anura Kumara Dissanayake, as President, is only following in the illustrious footsteps of his predecessors. He’s got a taste for the unlimited power bestowed on him by the Executive Presidency, along with a parliament of yes-men and yes-women, which makes it easy to guess that these constitutional amendments are likely to be just the start of many other such laws to fortify the JVP/NPP’s hold on power. And as happened with the likes of J.R. Jayewardene and Mahinda Rajapaksa, there’s no one to tell the current President that he’s on the path which always ends badly for rulers who assume they are invincible, and that the temporary custody they have over state power is a permanent fixture.
In the case of the proposed constitutional amendment, there are arguments that increasing the retirement age of superior court judges is a progressive step. It is true that increasing retirement ages is not a bad thing, not only for judges but across the board, given that it’s sensible to retain experienced public officials beyond the current retirement ages. This is the trend all over the world, with retirement ages being pushed up to even seventy years in some countries.
So, what is wrong with what is happening in Sri Lanka where the judges’ retirement age extension is concerned? What is wrong is the manner in which the Government failed/refused to discuss this matter with stakeholders before rushing to get Cabinet approval for it, as well as the manner in which the matter has been politicised to such an extent that public opinion has gained traction that this move is for the ruling party to gain favour with some sitting judges and ‘fix’ their political opponents using the judiciary. All this speculation could just be the creation of opponents of the Government, but now even those who once could not see beyond the NPP are beginning to question the Government’s intentions. The fact that some members of the NPP’s executive committee have publicly voiced opposition to the proposed amendment shows that the ruling side is sliding away from its election promises and moving in the direction of the authoritarianism that the executive presidency tends to push politicians towards.
The NPP came to power with promises of system change. Instead of system change, the country is headed in the same direction, with systems remaining the same. There is little that can stand in the way of a government with absolute power, but when the dust settles on this one, much will have changed for this Government, and not in a positive way.