The Bar Association of Sri Lanka (BASL) has formally urged President Anura Kumara Dissanayake to take immediate action to fill critical vacancies in the country's superior courts, warning that continued delays pose a serious threat to the administration of justice and could significantly erode public trust in Sri Lanka's judicial system. The call comes as four positions in the Supreme Court and four in the Court of Appeal remain unfilled, creating a growing backlog that legal experts say is already affecting the timely delivery of justice across the country.
BASL's Formal Appeal to the President
In an official letter addressed to President Anura Kumara Dissanayake, BASL President Rajeev Amarasuriya expressed deep concern over the prolonged vacancies in two of Sri Lanka's most important judicial institutions. The letter outlined the Bar Association's position that these unfilled posts are not merely administrative oversights but represent a systemic failure that directly impacts citizens who rely on the courts for timely and fair resolution of their legal matters.
The BASL's appeal underscores the urgency of the situation, emphasizing that the Supreme Court and the Court of Appeal serve as the backbone of Sri Lanka's legal framework. Any weakening of these institutions through understaffing has far-reaching consequences, not only for individual litigants but for the broader rule of law in the country. The letter made clear that the Bar Association views the filling of these vacancies as a matter of national priority, one that should not be subject to political delay or bureaucratic inertia.
Impact on the Administration of Justice
The consequences of leaving superior court positions vacant for extended periods are both immediate and long-term. With four vacancies in the Supreme Court alone, the remaining judges are compelled to shoulder an increasingly heavy caseload. This inevitably leads to longer waiting times for hearings, delayed judgments, and a growing backlog of cases that can take months or even years to resolve. For ordinary Sri Lankans seeking justice, these delays translate into real hardship, financial strain, and prolonged uncertainty.
The Court of Appeal, which handles appeals from lower courts and plays a crucial role in ensuring that justice is properly administered throughout the judicial hierarchy, faces similar pressures. With four positions unfilled, the court's capacity to hear and determine cases in a reasonable timeframe is significantly compromised. Legal practitioners have noted that the situation is becoming increasingly untenable, with some cases being postponed repeatedly due to the sheer volume of matters before a reduced bench.
Beyond the practical implications for case management, the BASL has highlighted a more fundamental concern: the erosion of public confidence in the judiciary. When citizens observe that their courts are understaffed and overwhelmed, trust in the justice system begins to deteriorate. This loss of confidence can have lasting consequences for the legitimacy of judicial institutions and, by extension, for the stability of democratic governance in Sri Lanka.
Constitutional and Procedural Considerations
The appointment of judges to Sri Lanka's superior courts is governed by constitutional provisions that vest significant authority in the President, acting in consultation with the Constitutional Council. The process is designed to ensure that appointments are made on the basis of merit, integrity, and legal expertise, free from political interference. However, when this process stalls, whether due to political considerations, disagreements within the consultation process, or administrative delays, the resulting vacancies place enormous strain on the functioning courts.
The BASL's letter serves as a reminder that the constitutional framework places a responsibility on the executive to ensure that the judiciary is adequately staffed and equipped to fulfill its mandate. Failure to act promptly on judicial appointments is not simply a procedural lapse; it represents a failure to uphold the constitutional obligation to maintain a functioning and effective justice system for all Sri Lankans.
A Call for Urgent Action
The Bar Association's appeal reflects a broader sentiment within Sri Lanka's legal community that the current situation demands immediate and decisive action. Lawyers, litigants, and civil society organizations have all expressed concern about the growing strain on the superior courts, and many have echoed the BASL's call for the President to prioritize judicial appointments without further delay.
President Dissanayake, who came to power on a platform of systemic reform and good governance, now faces an early test of his administration's commitment to strengthening democratic institutions. Addressing the vacancies in the Supreme Court and the Court of Appeal would send a powerful signal that his government takes seriously its responsibility to uphold the rule of law and ensure that justice remains accessible to all citizens.
As Sri Lanka continues to navigate complex economic and political challenges, a strong and fully functioning judiciary is more essential than ever. The BASL's urgent appeal to the President is a timely reminder that the health of a democracy is measured not only by its elections but by the integrity and efficiency of its courts. Filling these vacancies promptly is a critical step toward restoring full confidence in Sri Lanka's judicial system and reaffirming the nation's commitment to justice for all.