The Awami League-led Jatiya Sangsad is set to pass the 16th Constitution Amendment Bill 2014 today that would make the supreme court judges accountable to the legislature for “misconduct and incapacity.” With this the parliament will retain the authority after around 40 years.
The fourth amendment to the constitution, carried out by Bangabandhu’s government on January 25, 1975, curtailed the control of Jatiya Sangsad (JS) over the apex court judges.
Because the country had switched from a Westminster type to a presidential form of government at that time, the fourth amendment empowered the then president to remove Supreme Court judges for misconduct and incapacity.
After the assassination of Bangabandhu Sheikh Mujibur Rahman on August 15 of the same year, Maj Gen Ziaur Rahman, through an illegal military order, introduced the provision for the Supreme Judicial Council to remove the judges. That provision still exists.
Chief Justice is the head of the three-member council having two other senior judges as members.
Deputy Speaker Fazle Rabbi Miah, who was the acting speaker in absence of Shirin Sharmin Chaudhury, told the Dhaka Tribune: “The decision so far is to pass the bill on September 17 [today].”
This is the second constitution amendment move by Sheikh Hasina-led governments since 2009.
On June 30, 2011, the Awami League brought the 15th amendment to the constitution, scrapping the provision for non-party polls-time caretaker government. That resulted in massively violent street protests across the country and subsequent poll boycott by the BNP.
On September 7, Law Minister Anisul Huq tabled the 16th constitution amendment bill to restore article 96 of the original 1972 charter that empowered the legislature to remove supreme court judges.
The Parliamentary Standing Committee on the Law Ministry has already submitted its report on the bill, unanimously recommending passage.
If passed, the government will enact a law governing investigation into charges of misconduct and incapacity of judges and place reports to the legislature. The Jatiya Sangsad will discuss the report, which must be passed with a two-third majority. The legislature will then forward the parliament resolution to the president who will order removal of alleged judges.
The process of passage
Today the speaker will ask the law minister to propose the House to adopt the 16th Constitution Amendment Bill 2014 as recommended by the parliamentary watchdog.
If a majority of the Mps shout “yes,” the JS will adopt the bill.
After adoption, the speaker will ask the MPs to shout whether they want the bill to be sent for eliciting public opinion and to a select committee for further examination. If a majority of the MPs shout “no,” the opposition proposal for further scrutiny will be rejected.
The speaker at this stage will give opportunity to each of the Mps, who have brought amendment proposals to the bill, to talk. The House will go into voting again even if the law minister accepts any of the amendment proposals. If the MPs say “no,” the amendment proposals will be rejected.
The speaker will urge the MPs to shout “yes” if they confirm every section of the bill and its title. After the adoption, the chair will urge the law minister to propose passage of the bill.
Now, the speaker will ask the MPs to shout “yes” if they want the bill to pass. After passage, the MPs will go for division vote – each of the MPs will assemble into small groups in the lobbies and sign a document confirming their consent.
Finally, the speaker will announce the results of the division votes and passage of the bill.
