Dhaka: Bangladesh’s parliament unanimously amended the Constitution restoring an old provision allowing itself to impeach the Supreme Court judges, defying calls from lawyers and political groups to review the decision.
The ruling Awami League-led parliament last night passed the 16th amendment bill by 327-0, restoring the provision of original 1972 constitution allowing the parliament to impeach the Supreme Court judges for “misconduct and incapacity” and to make the higher judiciary “accountable” to the legislature.
The Bangladesh Nationalist Party (BNP), which boycotted the general elections and has no representation in Parliament, opposed the move saying it was intended to “control” the apex court’s activities by keeping the judges in a state of “fear”.
Under the new provision, a Supreme Court judge could be removed by adopting a resolution with a two thirds majority in parliament on the basis of a government probe while the judges in question are supposed to get chances to defend themselves.
“We are only restoring an article of the 1972 Constitution. Parliament won’t impeach or remove judges. It will only approve results of investigations finding them guilty,” the Chairman of the parliamentary standing committee in law ministry earlier told the House.
Currently the Supreme Judicial Council, comprising the chief justice and two senior most judges of the Supreme Court, was authorised to suggest removal of the judges of the higher judiciary for “misbehaviour and incapacity”.
The system was introduced in 1978 by former military ruler-turned-politician Ziaur Rahman, the founder of BNP which is now being headed by his wife ex-premier Khaleda Zia. But the parliament unanimously abolished the provision of the Supreme Judicial Council to reinsert the article 96 of the constitution of the original 1972 constitution with a margin of 327-0 vote in the 350-strong unicameral legislature. Twenty-two lawmakers belonging to the opposition Jatiya Party of ex-president HM Ershad, Jatiya Samajtantrik Dal, Workers Party, Bangladesh Nationalist Front and the independent camp voted for the passage of the amendment bill.
Several prominent lawyers criticised the move, saying it would expose the legislature to a state of loggerhead with the Supreme Court. The amendment came four weeks after the cabinet approved a proposal to restore the parliament’s authority in impeaching Supreme Court judges.
The law minister had said that the nations considered “most civilized and with the parliamentary system” like the UK, India, Australia and New Zealand have this constitutional provision giving parliament the power to impeach judges. Prime Minister Sheikh Hasina recently criticised two judges for a verdict that asked authorities to arrest members of an elite law enforcement agency. (PTI)
