Power Games

Spectre of the “deep state”: Planned capture of the Judiciary by the Executive

Sri Lanka’s planned judge-retirement change is not just about age. It gives the government a way to decide which sitting judges stay longer, and who does not.

Why this matters: A Flawed Policy Rationale An attempt is made to justify this measure by resorting to a simple argument: life expectancy has greatly increased as a result of improved medical facilities, with consequent extension of the productive segment of life; and the community will therefore benefit from the accumulated knowledge and experience of judges who still have much to offer, as they approach the age of retirement currently stipulated.

What happened

The government is planning to change the retirement ages for top judges. That would raise the limit for Supreme Court judges from 65 to 67, and Appeal Court judges from 63 to 65.

On paper, this sounds like a staffing fix. But the reporting says the key issue is timing. If the rule changes while judges are already in office, some will get extra time and others will not.

Who wins here

The executive branch wins the most. It gets to choose when the change takes effect, with help from a legislative majority.

That gives the government a quiet way to reward some judges and leave others out. Even if no one says it aloud, that kind of choice can look like a favor.

How the play works

works through a constitutional amendment. That is a formal change to the basic rulebook.

If the amendment applies right away, sitting judges near retirement stay longer. If it applies only to future appointees, the rule stays even-handed. The article argues that the first path lets power shape the bench judge by judge.

Why it matters

Courts depend on trust. People need to believe judges decide cases by law, not by debt or hope.

When the government can extend some judges’ careers but not others, that trust takes a hit. It can make people wonder whether rulings are fully fair, especially in future cases involving the state.

What to watch next

Watch the wording of the amendment. The real test is whether it applies only to new judges or also to judges already serving.

Also watch the vote count in the legislature. If the government has enough support, it can turn a clean rule change into a tool of leverage.

LensPower Games
TypeReporting
PublishedJuly 13, 2026
Read time3 min read
SourceIsland
Where the facts come from

The facts in this story were first reported by Island. What you're reading here is our take on what it means for power and for you.

Read the original at Island
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