the meeting and said the cabinet approved the draft Constitution (16th amendment) Bill 2014. In the 1972 constitution, article 96 allowed parliament to impeach SC judges for proven offences or incapability by the vote of a two-third majority. “The system has been brought back by amending the constitution.” Through the restoration of the article, he said, the provision of removing judges through the Supreme Judicial Council has been dropped. Law Minister Anisul Haq said the bill would be placed in parliament that would sit on September 1. After passing the bill, a law would also be enacted within three months featuring all the legal procedures of removing any judge. Meanwhile, BNP bitterly criticised the latest government move and said that parliament is being empowered with a view to establishing a one-party rule. Meeting sources said the premier asked the cabinet secretary to read out the draft bill. After hearing the contents, she also requested her cabinet colleagues of other parties whether they have any opinion on the matter. Tourism and Civil Aviation Minister Rashed Khan Menon, also president of Workers Party of Bangladesh, told the meeting that he has already raised the issue in parliament and made his observations. Water Resources Minister Anisul Islam Mahmud, also lawmaker of Jatiya Party, lauded the government’s move while Fisheries and Livestock Minister Sayedul Haq said the move should have been made much earlier. Amid criticisms from civil-society patrons like Dr Kamal Hossain and Brig Gen (retd) Sakhawat Hossain, Commerce Minister Tofail Ahmed came down heavily on Dr Kamal. “How did he [Kamal] come up with such a suggestion? How was it constituted in 1972?” Tofail queried. The 1972 constitution gave parliament power to impeach judges, but military ruler and BNP founder Ziaur Rahman dropped the article from the national charter through military orders and instituted a new mechanism—Supreme Judicial Commission—with chief justice as its head and two other senior judges. “Article 96 was amended through a military order and the authority bestowed on Supreme Judicial Council. It was done in 1978 in the absence of parliament,” Bhuiyan observed. The proposed amendment of article 96 of the Constitution mentions the tenure of office of Judges. Clause 1 says a judge shall hold office until he attains the age of sixty-seven years subject to other provisions of this article. (2) It could impeach a judge for his or her misconduct or incapability with vote of at least two-thirds members of the parliament. The impeachment could not be executed without the order of the president. (3) Clause 3 under the article says that parliament will be able to fix the method of controlling the misconduct or incapacity of judges through laws. (4) A judge may resign his/her office by writing under his/her hand addressed to the President. The cabinet secretary said, “The proposal of law legislative and parliamentary affairs departments of law ministry mentioned that formation of the Supreme Judicial Council under article 96 is contradictory to article 7.” Neutrality and accuracy of the impeachment decision could be under question as an accused judge and a member of the judicial council usually work together in the same institution for long, he added. Bhuiyan said the President could be impeached through two thirds majority of parliament as per article 54 and the Speaker be removed with the simple majority of parliamentarians as per article 74 (ga). “Article 57 (2) says, “No-confidence” motion could be adopted against the Prime Minister with the simple majority of parliament members.” He said the proposal also highlighted the process of impeaching judges through parliament of other democratic countries. Besides, Law Commission also suggested restoration of the provisions of the original constitution. “The provision of Supreme Judicial Council won’t exist if article 96 of the original constitution is restored,” Bhuiyan mentioned. After the amendment, he said, another law would be enacted featuring all procedures of removing judges for their misconduct or incapacity. The secretary said law ministry before drafting the law reviewed systems of other leading democracies like the UK, India, Canada, Australia, the USA and Sri Lanka. The issue appeared on the table during the Awami League-led grand alliance tenure over a ruling by the then Speaker and sitting president Abdul Hamid. Raising the issue, some senior lawmakers batted for empowering parliament to impeach judges. It was also discussed when the 15th amendment was made. Law Commission on June 26 recommended that parliamentary standing committee on law, justice and parliamentary affairs take steps to amend the constitution to this end.
Tuesday, August 19, 2014
Cabinet okays 16th amendment bill:Daily Sun
the meeting and said the cabinet approved the draft Constitution (16th amendment) Bill 2014. In the 1972 constitution, article 96 allowed parliament to impeach SC judges for proven offences or incapability by the vote of a two-third majority. “The system has been brought back by amending the constitution.” Through the restoration of the article, he said, the provision of removing judges through the Supreme Judicial Council has been dropped. Law Minister Anisul Haq said the bill would be placed in parliament that would sit on September 1. After passing the bill, a law would also be enacted within three months featuring all the legal procedures of removing any judge. Meanwhile, BNP bitterly criticised the latest government move and said that parliament is being empowered with a view to establishing a one-party rule. Meeting sources said the premier asked the cabinet secretary to read out the draft bill. After hearing the contents, she also requested her cabinet colleagues of other parties whether they have any opinion on the matter. Tourism and Civil Aviation Minister Rashed Khan Menon, also president of Workers Party of Bangladesh, told the meeting that he has already raised the issue in parliament and made his observations. Water Resources Minister Anisul Islam Mahmud, also lawmaker of Jatiya Party, lauded the government’s move while Fisheries and Livestock Minister Sayedul Haq said the move should have been made much earlier. Amid criticisms from civil-society patrons like Dr Kamal Hossain and Brig Gen (retd) Sakhawat Hossain, Commerce Minister Tofail Ahmed came down heavily on Dr Kamal. “How did he [Kamal] come up with such a suggestion? How was it constituted in 1972?” Tofail queried. The 1972 constitution gave parliament power to impeach judges, but military ruler and BNP founder Ziaur Rahman dropped the article from the national charter through military orders and instituted a new mechanism—Supreme Judicial Commission—with chief justice as its head and two other senior judges. “Article 96 was amended through a military order and the authority bestowed on Supreme Judicial Council. It was done in 1978 in the absence of parliament,” Bhuiyan observed. The proposed amendment of article 96 of the Constitution mentions the tenure of office of Judges. Clause 1 says a judge shall hold office until he attains the age of sixty-seven years subject to other provisions of this article. (2) It could impeach a judge for his or her misconduct or incapability with vote of at least two-thirds members of the parliament. The impeachment could not be executed without the order of the president. (3) Clause 3 under the article says that parliament will be able to fix the method of controlling the misconduct or incapacity of judges through laws. (4) A judge may resign his/her office by writing under his/her hand addressed to the President. The cabinet secretary said, “The proposal of law legislative and parliamentary affairs departments of law ministry mentioned that formation of the Supreme Judicial Council under article 96 is contradictory to article 7.” Neutrality and accuracy of the impeachment decision could be under question as an accused judge and a member of the judicial council usually work together in the same institution for long, he added. Bhuiyan said the President could be impeached through two thirds majority of parliament as per article 54 and the Speaker be removed with the simple majority of parliamentarians as per article 74 (ga). “Article 57 (2) says, “No-confidence” motion could be adopted against the Prime Minister with the simple majority of parliament members.” He said the proposal also highlighted the process of impeaching judges through parliament of other democratic countries. Besides, Law Commission also suggested restoration of the provisions of the original constitution. “The provision of Supreme Judicial Council won’t exist if article 96 of the original constitution is restored,” Bhuiyan mentioned. After the amendment, he said, another law would be enacted featuring all procedures of removing judges for their misconduct or incapacity. The secretary said law ministry before drafting the law reviewed systems of other leading democracies like the UK, India, Canada, Australia, the USA and Sri Lanka. The issue appeared on the table during the Awami League-led grand alliance tenure over a ruling by the then Speaker and sitting president Abdul Hamid. Raising the issue, some senior lawmakers batted for empowering parliament to impeach judges. It was also discussed when the 15th amendment was made. Law Commission on June 26 recommended that parliamentary standing committee on law, justice and parliamentary affairs take steps to amend the constitution to this end.
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