The government is likely to amend the constitution to reinstate Jatiya Sangsad’s authority to impeach Supreme Court judges to make them accountable to the legislature.
Following a recommendation from the parliamentary watchdog concerned, the Law Ministry has already initiated a move to reinstate the provision, which was removed from the constitution during military ruler Gen Ziaur Rahman’s regime.
The ministry has started examining the constitutions of Australia, South Africa, USA and India and the existing laws in the United Kingdom, sources said. The UK does not have any written constitution.
Endorsing the information, Law Minister Anisul Haque told the Dhaka Tribune yesterday: “We are planning to amend the constitution... But, we do not want to interfere with the independence of the judiciary.
“Everything will be done following the constitutions [of other democratic countries] and upholding the independence of judiciary... [However] nothing will happen before Eid-Ul-Fitr.”
Earlier, the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs made the recommendation for amending the constitution following a suggestion from the Law Commission.
The commission in the lone body in the country tasked to suggest the government on legal reforms.
According to the commission suggestion, article 96 of the 1972 constitution authorised the legislature, with a two-third majority, to impeach apex court judges for misconducts and violating constitution.
However, military ruler and BNP founder Gen Ziaur Rahman dropped the provision from the country’s charter through military orders and instituted a new mechanism – the Supreme Judicial Commission, headed by the chief justice and two other senior judges.
Installation of the new mechanism curtailed the legislature’s authority to make the judiciary accountable to the people’s representatives.
The Law Commission made the recommendation after the parliamentary watchdog sought its opinion on the ways to reduce backlog of cases and expediting disposal of cases.
“Everybody should understand that nobody is above law. Even if any of the honourable Supreme Court judges shows negligence in carrying out duties or commits gross misconduct or violates the code of conduct, they should be made accountable to the Jatiya Sangsad. This provision, which was present in the original constitution, can be restored,” says the commission.
Mentioning that there were allegations of “massive corruption” against the bench officers of the Supreme Court, the commission said: “They should be transferred regularly and put under tough monitoring.”
Suranjit Sengupta, chairman of the parliamentary body, told the Dhaka Tribune after the meeting of June 27: “We recommended that the law minister talks to the chief justice for the implementation of the suggestions to the extent possible.”
He said the government should consult the chief justice as he had “stake” in it.
Anisul Haque said the ministry had taken the initiative following the instruction of the parliamentary watchdog and also directives from the prime minister. “We are working on it. But, nothing is final yet.”
Law Ministry officials said the draft of the amendment has already been finalised. It would be sent to the cabinet immediately after the Law Minister gives his nod.
The draft will be sent to the prime minister after Eid. It would be sent to the cabinet division after getting the PM’s nod, an official told the Dhaka Tribune.
According to ministry officials, the authorities of parliament, the executive and the judiciary have interfering with each others’ work, ignoring their own responsibilities. The judiciary’s interference had been hampering the regular work of the executives.
The issue was discussed in a recent cabinet meeting.
During that discussion, Prime Minister Sheikh Hasina asked the law minister to take initiative to bring back the constitutional provision.
If the constitution is amended, the mechanism, enabling the formation of Supreme Judicial Council for holding apex court judges accountable, will be nullified.
The 1972 constitution says Supreme Court judges could be removed from office if parliament passes a proposal with two-third majority. It also made getting prior approval from the country’s president mandatory for the purpose.
The original charter also allows parliament to make new laws if needed for controlling the misconducts and violation of constitution by judges.
