After a decade-long wait for the much discussed issue, Bangladesh’s Supreme Court has reinstated the Supreme Judicial Council, reversing the 16th constitutional amendment that had given Parliament the power to remove judges. The new ruling reaffirms the original constitutional provisions, ending the parliament’s role in judicial impeachment.
The six-member Apex Court’s Appellate Division led by Chief Justice Syed Refaat Ahmed on Sunday reinstated the Supreme Judicial Council with authority to investigate allegations of judicial misconduct, while upholding its previous ruling that declared the 16th constitutional amendment, which transferred the power of removing judges to parliament, as “illegal”. The verdict meant scrapping of the 16th constitutional amendment, passed during deposed prime minister Sheikh Hasina’s regime, giving the task of impeaching judges to Parliament instead of the Supreme Judicial Council.
It is to be noted that in the original 1972 constitution, the power to remove judges was vested with the parliament. However, the 4th amendment in 1975 transferred this authority to the president. Later, during Ziaur Rahman’s regime, the 5th amendment shifted this power to the Supreme Judicial Council.
Mentionable, the 16th Amendment was passed in January 2014, relieving the Supreme Judicial Council of its authority of removing judges for incompetence or misconduct. But a three-member High Court bench in May 2016 declared the 16th Amendment unconstitutional, which was challenged by the state in January 2017. Led by then Chief Justice Surendra Kumar Sinha, a seven-member Appellate bench upheld the High Court’s ruling in July 2017, declaring the amendment as “illegal”.
To counter the parliament’s influence, on November 5, 2014, nine lawyers filed a writ petition in the High Court. After nearly more than nine years, 11 months and 15 days, the petitioners’ long wait came to an end on Sunday as the Supreme Judicial Council returned to handle the impeachment of judges.
This verdict, they hope, will end the long-standing ambiguity regarding the removal of judges. They further observed that the principle of independence of the Judiciary demands that a Judge should be tried by his peers for his/ her misbehavior, misconduct or incapacity and that will best guarantee the independence of the higher judiciary in the discharge of judicial functions.
As the confidence of the people on the Judiciary has been shaken because of impairment of its independence by the Sixteenth Amendment, the revival of the Supreme Judicial Council will restore confidence among the people.