CJ urges to scrap Article 116, 116(A) of the Constitution
Chief Justice Surendra Kumar Sinha, Supreme Court Bar Association President Yusuf Hossain Humayun, former Chief Justices Syed J. R. Mudassir Husain and MM Ruhul Amin, Attorney General Mahbubey Alam, former Adviser to the Caretaker Government Barrister Mai
Staff Reporter :
The Chief Justice, Surendra Kumar Sinha, on Saturday hoped that the parliament would scrap the constitutional provisions that empower the President to control the posting, promotion and discipline of lower court judges.
He said the Articles 116 and 116 (A) of the Constitution, which deal with the promotion, posting and discipline of lower court judges are contradictory to the basic structure of the Constitution.
“Parliament can change the Constitution. Even they can shut the Supreme Court. But they cannot take any steps for changing basic structure of the Constitution,” he said.
The chief justice was speaking as the chief guest at a function organised for celebrating the Golden Jubilee — 50th anniversary of practicing law profession by veteran Supreme Court lawyer Abdul Baset Majumder at the Supreme Court Bar Association (SCBA) premises.
Surendra Kumar Sinha said the Supreme Court (SC) cannot take steps about the lower court judges due to the Articles 116 and 116(A) of the Constitution. “These articles of the Constitution are barring to establish ‘Rule of Law.’ So we hope Parliament will scrap these articles.”
The Chief Justice, on October 31, said in a statement that Article No 116 of the Constitution is one of the main reasons for slowness of the judiciary. The statement has been given on the occasion of the ninth anniversary of the judiciary.
Attorney General Mahbubey Alam attended the programme as the special guest.
Agricultural Minister Matia Chowdhury, former Chief Justices Syed J R Mudassir Husain and M M Ruhul Amin, former Advisor to the Caretaker Government Barrister Mainul Hosein, former Presidents of Supreme Court Bar Association Advocate Khandker Mahbub Hossain and Advocate Zainul Abedin, among others, spoke at the function.
Judges of both the divisions of the Supreme Court and lawyers from all the bars of the country attended the programme.
The speakers at the programme congratulated Advocate Abdul Baset Majumder on the occasion.
Supreme Court Bar Association President Advocate Yosuf Hussain Humayun presided over the program and Advocate Bashir Ahmed conducted the event.
The Chief Justice said, “The executive and legislative branches of the state have been derailed over the last 45 years of the independence of the country but the judiciary particularly the Supreme Court did not. We have protected the Constitution.”
Justice Sinha also urged the young lawyers to develop their professional qualities without giving priority to earning money. “It is not possible for the chief justice or the judges alone to establish rule of law, if the lawyers do not pay their due contributions to this effect.”
The celebrated lawyer Advocate Abdul Baset Majumder thanked almighty Allah as he could pass 50 years in his profession. He memorized some tough times he passed in his life. He said that he never loosed his patience in any tough situation. He learned from every wrong of his life. He hoped a healthy and independence Judiciary.
Agriculture Minister Matia Chowdhury congratulated Advocate Abdul Baset Majumder on behalf of her government. She hoped that the lawyer would be able to celebrate his Diamond Jubilee.
Advocate Yosuf Hussain Humayun said that Advocate Baset Majumder was the role model for the young lawyers. To establish the rule of law in the country, he (Bast Majumder) had contributed a lot.
The Chief Justice, Surendra Kumar Sinha, on Saturday hoped that the parliament would scrap the constitutional provisions that empower the President to control the posting, promotion and discipline of lower court judges.
He said the Articles 116 and 116 (A) of the Constitution, which deal with the promotion, posting and discipline of lower court judges are contradictory to the basic structure of the Constitution.
“Parliament can change the Constitution. Even they can shut the Supreme Court. But they cannot take any steps for changing basic structure of the Constitution,” he said.
The chief justice was speaking as the chief guest at a function organised for celebrating the Golden Jubilee — 50th anniversary of practicing law profession by veteran Supreme Court lawyer Abdul Baset Majumder at the Supreme Court Bar Association (SCBA) premises.
Surendra Kumar Sinha said the Supreme Court (SC) cannot take steps about the lower court judges due to the Articles 116 and 116(A) of the Constitution. “These articles of the Constitution are barring to establish ‘Rule of Law.’ So we hope Parliament will scrap these articles.”
The Chief Justice, on October 31, said in a statement that Article No 116 of the Constitution is one of the main reasons for slowness of the judiciary. The statement has been given on the occasion of the ninth anniversary of the judiciary.
Attorney General Mahbubey Alam attended the programme as the special guest.
Agricultural Minister Matia Chowdhury, former Chief Justices Syed J R Mudassir Husain and M M Ruhul Amin, former Advisor to the Caretaker Government Barrister Mainul Hosein, former Presidents of Supreme Court Bar Association Advocate Khandker Mahbub Hossain and Advocate Zainul Abedin, among others, spoke at the function.
Judges of both the divisions of the Supreme Court and lawyers from all the bars of the country attended the programme.
The speakers at the programme congratulated Advocate Abdul Baset Majumder on the occasion.
Supreme Court Bar Association President Advocate Yosuf Hussain Humayun presided over the program and Advocate Bashir Ahmed conducted the event.
The Chief Justice said, “The executive and legislative branches of the state have been derailed over the last 45 years of the independence of the country but the judiciary particularly the Supreme Court did not. We have protected the Constitution.”
Justice Sinha also urged the young lawyers to develop their professional qualities without giving priority to earning money. “It is not possible for the chief justice or the judges alone to establish rule of law, if the lawyers do not pay their due contributions to this effect.”
The celebrated lawyer Advocate Abdul Baset Majumder thanked almighty Allah as he could pass 50 years in his profession. He memorized some tough times he passed in his life. He said that he never loosed his patience in any tough situation. He learned from every wrong of his life. He hoped a healthy and independence Judiciary.
Agriculture Minister Matia Chowdhury congratulated Advocate Abdul Baset Majumder on behalf of her government. She hoped that the lawyer would be able to celebrate his Diamond Jubilee.
Advocate Yosuf Hussain Humayun said that Advocate Baset Majumder was the role model for the young lawyers. To establish the rule of law in the country, he (Bast Majumder) had contributed a lot.
