President Md Abdul Hamid has given his consent to the 16th Amendment bill, which empowered the parliament to sack supreme court judges for misconduct and incapacity.
The approval came amid the BNP-led 20-party alliance's dawn-to-dusk general strike against the constitutional change on Monday, five-day after the bill passed in the parliament.
The BNP and its allies are observing a dawn-to-dusk nationwide hartal, protesting the amendment. Earlier, the alliance members urged the president not to sign the bill.
The Speaker, Shirin Sharmin Chaudhury confirmed the approval of the 16th amendment bill to the Dhaka Tribune.
According to the Parliament secretariat officials, a gazette will be released after the president’s approval.
The president also singed three others bill on Monday, said Parliament secretariat officials.
The 16th constitution amendment bill will empower the legislature to impeach the judges of the Supreme Court for misconduct and incapability, plus give the parliament authority to punish holders of all constitutional posts on similar grounds.
Once passed, the bill will allow the Parliament to remove the chief election commissioner and commissioners of the Election Commission, the chairman and the members of the Public Service Commission, chairmen and the commissioners of the Anti-Corruption Commission, and the Comptroller and Auditor General on similar grounds.
The articles establishing the Election Commission, Public Service Commission, the Anti-Corruption Commission, and the office of the Comptroller and Auditor General stipulate that the holders of constitutional posts would be removed according to the procedures applicable for the removal of the Supreme Court judges.
At present, the Supreme Judicial Council, headed by the chief justice, can remove the apex court judges for misconducts and inabilities.
Two other senior judges are the members of the council, a mechanism put in place by the military ruler Ziaur Rahman through the second military proclamation in 1978.
The original constitution of 1972 contained the provision for impeachment of the judges by a two-third majority in parliament.
According to the law minister’s proposal contained in the bill, the parliament would impeach the judges for “proven misconducts and inabilities” with a two-thirds majority in the assembly and the legislature would enact a law governing investigation of the charges against the judges.
In line with the law on investigating the allegations, the report would go to parliament in a form of motion of impeachment. The House would hold discussion, giving the alleged judges a room for self-defence, and remove them if charges are proved.
The judges will serve for 67 years, says the bill. The draft law terms the Supreme Judicial Council against the spirit of the constitution’s article 7 that says the people are the source of all power.
It further says the legislature can remove the President, the prime minister and the Speaker of the Jatiya Sangsad.
However, the judges of the Supreme Court are exception. So, the judges should also be accountable to the people through the legislature elected by the people.
The Dhaka Tribune has obtained a copy of the bill that the restoration of the article 96 of the constitution would enhance people’s confidence in the judiciary and restore the basic spirit of the constitution.
It said the provision for removal of the judges has been practiced in many countries in the world.