16th amendment bill placed in parliament:Daily Sun

 The much-talked-about Constitution (16th Amendment) Bill 2014, which aims at empowering parliament to impeach any judges of the Supreme Court in case of professional misconduct or incapacity, was placed in parliament on Sunday. Law, Justice and Parliamentary Affairs Minister Anisul Hoque moved the bill amid the presence of main opposition Jatiya Party and independent lawmakers with Speaker Shirin
Sharmin Chaudhury in the chair. Piloting the bill, he claimed that parliament will get back the power to impeach apex court judges through its passage. The House sent the bill to parliamentary standing committee on law, justice and parliamentary affairs ministry for further scrutiny and asked it to place a report within seven days. Leader of the House and Prime Minister Sheikh Hasina was present while Opposition Leader Raushan Ershad and JP chairman Hussein Muhammad Ershad remained absent at that time. As per the 1972 constitution, parliament had the power to impeach SC judges, but military ruler and BNP founder Ziaur Rahman dropped the provision from the country’s highest charter through military orders. He also instituted a new mechanism—Supreme Judicial Commission with the chief justice as its head and two other senior judges. JP, which decided to oppose the bill, remained silent while the bill was being sent to the standing committee. In accordance with article 7 of the constitution, Anisul said, all powers in the republic belong to the people and their exercise on behalf of the people shall be affected only under and by the authority of this constitution. The original constitution had provisions relating to impeachment of the president, the head of state (article 52), resignation of the prime minister for ceasing to retain support of a majority of the members of parliament (article 57), removal of the speaker by a resolution supported by votes of a majority of all members of parliament (article 74) and removal of a judge of the Supreme Court pursuant to a resolution of parliament supported by a majority not less than two-thirds of the total number of members of parliament (article 96). In most democratic countries, the principle of accountability of the judges of the superior court, like other organs of the state, lies in parliament consisting of the elected public representatives. “To reinstate the spirit of article 7 by reviving article 96 of the constitution for removal of a judge by parliament, the bill styled ‘The Constitution (Sixteenth Amendment) Act 2014’ was introduced in the House.” If the bill is passed, the minister said, the basic structure of the constitution relating to SC judges’ accountability to elected public representatives along with the people’s reliance on the independent judiciary will remain upheld. In the constitution, the following article 96 shall be substituted, namely: (1) Subject to the provisions of this article, a judge shall hold office until he attains the age of sixty-seven years. (2) A judge shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of parliament, on the ground of proved misconduct or incapacity. (3) Parliament shall by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misbehaviour or incapacity of a judge. (4) A judge may resign his office by writing under his hand addressed to the President. While article 96(2) says, “A judge shall not be removed from his office except in accordance with the following provisions of this article. (3) There shall be Supreme Judicial Council, in this article referred to as the council, which shall consist of the chief justice of Bangladesh and the two next senior judges.” Sources said the bill is expected to be passed during the current parliamentary session that lasts till September 18. The cabinet gave the nod of approval to the bill on August 18. After its passage, another law will be introduced in light with the latest amendment within three months. It will mention in detail every process of removing a judge from his office.