·The Hindu·15 marks·250–350 words

Compare the constitutional safeguards for judicial tenure and removal in India and Sri Lanka.

In this answer
  1. Tenure: constitutionally fixed, unequally insulated
  2. Removal: same ground, different gatekeepers

Judicial independence rests on two written guarantees — security of tenure and a removal process insulated from the executive. Sri Lanka's September 2026 amendment raising all judges' retirement age by two years [1] makes a comparison with India's scheme directly relevant.

Tenure: constitutionally fixed, unequally insulated

  • India writes retirement ages into the Constitution — 65 for Supreme Court judges (Art. 124(2)) and 62 for High Court judges (Art. 217); salaries are charged on the Consolidated Fund, and service conditions cannot be varied to a judge's disadvantage after appointment (Arts. 125, 221) [3].
  • Sri Lanka likewise fixes tenure constitutionally, so any change needs a two-thirds majority [2]. Yet a single chamber delivered it: 158 of 225 members extended the tenure of 411 sitting judges [1].
  • Common vulnerability: in both, a determined ruling majority can move tenure. India's requirement of a special majority in both Houses is simply a thicker filter than Sri Lanka's unicameral vote.

Removal: same ground, different gatekeepers

  • India permits removal only for "proved misbehaviour or incapacity", by an address of both Houses with a special majority, and only after inquiry by a statutory judge-led committee (Arts. 124(4), 217(1)(b)) [3]. No Supreme Court judge has been removed to date.
  • Sri Lanka requires an address supported by a majority of the total membership of Parliament, followed by a presidential order (Art. 107) [2] — a lower threshold, with the inquiry conducted by a parliamentary select committee rather than sitting judges.
  • The gap showed in the 2013 removal of Chief Justice Shirani Bandaranayake, which a UN official called a "calamitous setback" for the rule of law [4].

Appointments, the third pillar: India's collegium keeps selection within the judiciary; Sri Lanka's President appoints superior court judges subject to approval of the multi-party Constitutional Council [2].

Both constitutions protect judges; India's plural, judge-involved procedures make that protection harder to reverse. Sri Lanka's reform would carry greater legitimacy if tenure changes applied prospectively and were routed through the Constitutional Council — aligning with the rule-of-law commitment both republics share under SDG 16.

Sources

  1. 1Sri Lanka extends tenure of judges despite protests (The Hindu, 26 Sept 2026)two-year extension, 158 of 225 vote, 411 judges affected
  2. 2The Constitution of the Democratic Socialist Republic of Sri Lanka, Parliament of Sri LankaArt. 107 appointment by the President with Constitutional Council approval; removal by address of Parliament supported by a majority of total membership; two-thirds requirement for amendment
  3. 3The Constitution of India, Legislative Department, Ministry of Law and JusticeArts. 124(2), 124(4), 217, 125 and 221 on tenure, salaries and removal
  4. 4Removal of Chief Justice 'calamitous setback' for rule of law in Sri Lanka – UN official (UN News, 2013)UN assessment of the Bandaranayake removal

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