the parliament passed the Constitution (16th Amendment) Bill 2014 on Wednesday night. Clause 1 of Article 96 remains unchanged in the amended law. Meanwhile, Clauses 2, 3, 4, 5, 6, 7 and 8 are replaced with Clauses 2, 3 and 4 of the 1972 Constitution. Clause 2 says 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. Whereas, Clause 3 states Parliament shall by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misconduct or incapacity of a judge. On the other hand, Clause (4) says a judge may resign his office by writing under his hand addressed to the President. Law Official of Jatiya Sangsad (JS) said, “According to the constitution, allegation of misconduct and inability against a justice should be proved by an investigation before removing him from his post. A special committee like Supreme Judicial Council will investigate the allegation for proving. New law should be formulated according to the constitution for initiating the investigation process with detailed explanation of misconduct and incapacity. “A law will be formulated within the next three months in this regard,” Law Minister Anisul Haque said on Wednesday during passing of the bill in the Jatiya Sangsad (JS). Law Ministry sources said that for investigation the allegation of misconduct and incapacity of the justices, a proposal for forming ‘Commission’ under the new law like Supreme Judicial Council will be placed. A retired justice will be the Chairman of the committee. Discussion is going on for keeping two retired justices of Appeal Division as a member of the committee. It also considers keeping Speaker of the JS or any nominated representative of the JS as member of the committee. The JS will take initiative against the accused justice on the basis of the investigation report submitted by the committee. It is learnt that the bill will be tabled in the cabinet for approval prior to the fourth session which will start in November next. Advocate Abdul Matin Khasru, Member, Parliamentary Standing Committee on Ministry of Parliamentary Affairs told Kaler Kontho, “A rapid initiative will be taken for formulating the new law in consultation with all concerned stakeholders in light of the directives Article 96 of the constitution. Under the law a provision will be there to form a commission or special committee for proving the allegation against the justices which will be an independent organization.” The former law minister Khasru said that the Jatiya Sangsad gets back its power of approving investigation report through this constitution amendment. He said, “A separate organization like in the past will investigate the allegation against justices and President will give final approval for removing the justice. But in the past President used to approve the investigation report directly and now it needs JS approval.” Article 96 of the Constitution of 71 was amended four times earlier. First change was made in the Article during the fourth amendment of the constitution while a presidential form of government was initiated in 1975. In 1978 it was changed further in Fifth Amendment on unconstitutional way imposing martial law. This Article was also changed through 7th and 14th amendments. Last of all this Article of 72 Constitution has been restored in the 16th amendment, only the age limit of judges retirement has been retained at 67. On 7th September last Law, Justice and Parliamentary Affairs Minister Anisul Haque placed the bill in the parliament. Earlier on 18th August the cabinet approved the bill.
Friday, September 19, 2014
JS empowered only to endorse enquiry report:Daily Sun
the parliament passed the Constitution (16th Amendment) Bill 2014 on Wednesday night. Clause 1 of Article 96 remains unchanged in the amended law. Meanwhile, Clauses 2, 3, 4, 5, 6, 7 and 8 are replaced with Clauses 2, 3 and 4 of the 1972 Constitution. Clause 2 says 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. Whereas, Clause 3 states Parliament shall by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misconduct or incapacity of a judge. On the other hand, Clause (4) says a judge may resign his office by writing under his hand addressed to the President. Law Official of Jatiya Sangsad (JS) said, “According to the constitution, allegation of misconduct and inability against a justice should be proved by an investigation before removing him from his post. A special committee like Supreme Judicial Council will investigate the allegation for proving. New law should be formulated according to the constitution for initiating the investigation process with detailed explanation of misconduct and incapacity. “A law will be formulated within the next three months in this regard,” Law Minister Anisul Haque said on Wednesday during passing of the bill in the Jatiya Sangsad (JS). Law Ministry sources said that for investigation the allegation of misconduct and incapacity of the justices, a proposal for forming ‘Commission’ under the new law like Supreme Judicial Council will be placed. A retired justice will be the Chairman of the committee. Discussion is going on for keeping two retired justices of Appeal Division as a member of the committee. It also considers keeping Speaker of the JS or any nominated representative of the JS as member of the committee. The JS will take initiative against the accused justice on the basis of the investigation report submitted by the committee. It is learnt that the bill will be tabled in the cabinet for approval prior to the fourth session which will start in November next. Advocate Abdul Matin Khasru, Member, Parliamentary Standing Committee on Ministry of Parliamentary Affairs told Kaler Kontho, “A rapid initiative will be taken for formulating the new law in consultation with all concerned stakeholders in light of the directives Article 96 of the constitution. Under the law a provision will be there to form a commission or special committee for proving the allegation against the justices which will be an independent organization.” The former law minister Khasru said that the Jatiya Sangsad gets back its power of approving investigation report through this constitution amendment. He said, “A separate organization like in the past will investigate the allegation against justices and President will give final approval for removing the justice. But in the past President used to approve the investigation report directly and now it needs JS approval.” Article 96 of the Constitution of 71 was amended four times earlier. First change was made in the Article during the fourth amendment of the constitution while a presidential form of government was initiated in 1975. In 1978 it was changed further in Fifth Amendment on unconstitutional way imposing martial law. This Article was also changed through 7th and 14th amendments. Last of all this Article of 72 Constitution has been restored in the 16th amendment, only the age limit of judges retirement has been retained at 67. On 7th September last Law, Justice and Parliamentary Affairs Minister Anisul Haque placed the bill in the parliament. Earlier on 18th August the cabinet approved the bill.
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