Gov’t Seeks to Expand JSC Powers with Judges Act Amendment Bill, Here’s What’s in the Bill

The government has submitted a bill to amend the Judges Act, proposing sweeping changes that would significantly expand the powers of the Judicial Service Commission (JSC) over judicial appointments, oversight, and disciplinary actions.

The amendment bill was presented to Parliament yesterday by Saudulla Hilmy, MP for Thinadhoo Uthuru, on behalf of the government. According to the proposed legislation, the aim is to strengthen judicial accountability and uphold the integrity and public trust in the judiciary.

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Key Amendments Proposed

One of the most notable changes is the proposed removal of Section 32 of the current Judges’ Code of Conduct, which outlines expected behaviour and ethical standards for judges. The bill seeks to replace this section with clearer, more enforceable rules, including:

• Prohibiting judges from holding any other government position besides their judicial role.
• Banning engagement in private employment, contractual work, or business activities.
• Disallowing participation in stock exchange dealings, law firm operations, or fund management, although judges may invest in state-established public servant funds as passive participants.
• Prohibiting judges from purchasing or leasing public land or property, or engaging in any transaction where a conflict of interest may arise.
• Allowing judges to own shares in public companies, provided they are not significant shareholders.
• Permitting the sale or lease of personal or non-commercial property at standard market rates, which will not be considered a business activity.

Case Delays and Accountability Measures

The bill also introduces measures to improve the efficiency of judicial processes. If a case remains undecided for more than one year after being assigned to a judge, a report must be submitted to both the Chief Justice of the court and the JSC explaining the delay. Monthly updates on the case’s progress must also be submitted to the Chief Justice.

This represents a shift from the current rule, which requires only the Chief Justice to self-report if a case remains undecided after six months.

Performance Evaluation and Promotions

To ensure continuous performance monitoring, the bill mandates the formation of a special committee to oversee judges’ promotions. This committee must prepare reports evaluating the quality of work, decisions issued, and the processes involved in reaching those decisions.

The government argues that these changes are necessary to establish a more credible and accountable judicial system that operates with transparency, fairness, and efficiency.