Draft Of ‘The Constitution Law, 2014’ Gets Nod At Cabinet Meeting Today

The approval was given at the regular weekly meeting of the cabinet held at Bangladesh Secretariat with Prime Minister Sheikh Hasina in the chair.

Briefing reporters after the meeting, Cabinet Secretary M Musharraf Hossain Bhuiyan said that as per the amendment, minimum two-thirds of the total parliament members will be able to impeach any judge for his or her misconduct or incapacity after taking approval of the President.

According to the existing constitutional provision, the Supreme Judicial Council comprising the chief justice and two other senior most judges of the Appellate Division investigates allegations of misconduct against any SC judge and makes necessary recommendations to the President.

The President then takes steps as per the suggestions. He can also impeach a judge for having physical and mental incapacity to properly perform the functions of his office.

Bhuiyan said that the authority of impeachment was vested in parliament through section 96 of the constitution of 1972 that was formulated upholding the spirit and ideals of the War of Liberation.

But, in absence of parliament, the authority was vested in the Supreme Judicial Council by a martial law proclamation in 1978 after the brutal assassination of Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

The proclamation cancelled article 96 of the constitution which is contradictory to the article 7 of the constitution. In this connection, the Cabinet Secretary said that the neutrality and accuracy of the impeachment decision could be questionable as an accused judge and a member of the Supreme Judicial Council usually work together in same institution for a long time.

He said according to article 7, the people are the owners of all power of the republic and the enforcement of these powers will be effective only under the constitution.

As per the spirit of the constitution of 1972, the ultimate accountability of the three organs of the state - Judiciary, Executive and Legislative - was vested in parliament which is elected through peoples' mandate.

In light with that spirit, Bhuiyan said that the parliament was empowered with the authority of determining the tenure of the judges of the Supreme Court and their removal like other fundamental rules.

The Cabinet Secretary said that once the 16th amendment of the constitution is passed in parliament, 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.

He said that there are consistencies of article 54, 74 ( ga) and 57(2) with the main provision of article 96 of the constitution of 1972. Bhuiyan said that the President of the Republic could be impeached through two thirds majority of the parliament as per article 54 of the constitution, while the Speaker of the parliament could be impeached with simple majority of parliament members according to article 74 (ga).

On the other hand, according to 57 (2) article "no-confidence" motion could be adopted against the Prime Minister with simple majority of the MPs.

The Cabinet Secretary said that the Law Ministry before drafting the Law has reviewed systems of other leading democratic countries like UK, India, Canada, Australia, USA and Sri Lanka.

Besides, the Law Commission in a meeting of the Parliamentary Standing Committee on the Law Ministry opined for the restoration of provision of parliament's authority to impeach the judges.

Bhuiyan said that the cabinet thinks that if the amendment is implemented, the confidence of the people in the independent judiciary will be enhanced, and accountability to parliament will be upheld.

He said if the 16th amendment law is approved in parliament, another law should be enacted determining the entire procedures of impeachment of judges.

Ministers,and state ministers concerned attended the meeting, while concerned secretaries were present.

-Bangladesh Sangbad Sangstha (BSS)