The government is set to table on Sunday next the 16th constitution amendment bill that 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.
If passed, not only the judges, parliament can also 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 a “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 source of all power.
It further says the legislature can remove the President, the prime minister and the Speaker of the Jatiya Sangsad. But 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.
“Yes we have got the 16th constitution amendment bill today (Wednesday). The law minister has shown interest in tabling the bill on September 7 (Sunday),” the Speaker, Shirin Sharmin Chaudhury, told the Dhaka Tribune yesterday.
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.
The speaker also said the bill would pass in the current session, set to end on September 18, according to the decision of the business advisory committee.
After the initiation in the assembly, the bill will go to the parliamentary standing committee on law ministry for further examination before passage in the House.
According to the directives of the Supreme Court, the Awami League government on June 30, 2011 passed the 15th constitution amendment law to restore the provisions of the original constitution framed in 1972.
The constitution amend dropped the provision of non-party caretaker government for holding the general elections.
Many of the lawmakers demanded restoration of the original 96 of the constitution, empowering the legislature to impeach the apex judges for misconducts and inabilities.
But the government refrained from doing so, apparently not to antagonise the judiciary.
Suranjit Sengupta, who was the co-chair of the special parliamentary committee, told the Dhaka Tribune the government should restore the original provision for impeaching the judges by the legislature.
“But the government did not do it, as you may need to compromise, sometimes, in democracy,” he said.
Tasked by the parliamentary standing committee on the Law Ministry, the law commission in April sent a set of proposals to speed up the disposal of the pending cases.
That proposal said the government should restore the article 96 of the constitution to make the judges accountable.
In line with the law commission, the authorised body to suggest the government on legal reform, the cabinet approved the proposal to restore the article 96 of the 1972 constitution.
