After the fall of the Hasina government on August 5, the judiciary has seen a changing of the guard with the departure of several judges, including the Chief Justice. The judiciary had, in fact, become one of the key instruments for legitimizing the misdeeds and misrule of the ruling elites.
Chief Justice Surendra Kumar Sinha issued a verdict while disposing of the appeal in the 16th Amendment case, and he was compelled to resign because the verdict went against the government's interests.
The fall of the Hasina regime has therefore sparked hope that the judiciary will be reformed so that it cannot be used as a tool to legitimise illegal activities by the government.
To conduct such reform, the process for appointing and removing judges must be made transparent. It must be ensured that judges cannot be removed under political pressure. Similarly, a judge must be held accountable if they violate their oath or commit misconduct.
Interestingly, the seven-member bench led by Chief Justice Sinha prescribed a 39-point code of conduct for judges when delivering the verdict in the 16th Amendment case. This same verdict reinstated the Supreme Judicial Council, stating that the 16th Amendment, which empowered parliament to remove a judge, is unconstitutional.
"With a view to avoiding any misgiving and confusion, we reformulate the Code of Conduct in exercise of powers under article 96 as under: Code of Conduct" the judgement reads.
Following are some of the 39-point "Code of Conduct" formulated by the Supreme Court:
"A Judge should participate in establishing, maintaining, and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved".
"A Judge should respect and comply with the constitution and law, and should act at all times in a manner that promotes public confidence in the judiciary".
"A Judge should not allow family, social, or other relationships to influence judicial conduct or judgment. A Judge should not lend the prestige of the judicial office, advance the private interests of others; nor convey or permit others to convey the impression that they are in a special position to influence the Judge".
"A Judge should dispose of promptly the business of the court including avoiding inordinate delay in delivering judgments/orders. In no case a judgment shall be signed later than six months of the date of delivery of judgment".
"A Judge shall disqualify himself/herself in a proceeding in which the Judge's impartiality might reasonably be questioned".
"A Judge is expected to let his judgments speak for themselves. About the process for punishing a judge for his misconduct the judgement said, "If a complaint is received by the Chief Justice from anybody or any other sources that the conduct of a Judge is unbecoming of a Judge, that is to say, the Judge is unable to perform his/her judicial work due to incapacity or misbehaviour, the Chief Justice shall hold an inquiry into such activities with other next two senior most Judges of the Appellate Division and if the Chief Justice of any one of the other Judges declines to hold a preliminary inquiry or if the allegation is against any one of them, the Judge who is next in seniority to them shall act as such member and if upon such inquiry it found that there is prima-facie substance in the allegation the Chief Justice shall recommend to the president".
"The above Code of Conduct and the ethical values to be followed by a Judge, failing which, it shall be considered as gross misconduct".
The SC bench in its verdict stated that "The decisions of the apex court of the country are final not because they are infallible, but because the decisions are infallible as they are constitutionally final. By the impugned amendment, the removal mechanism of the Judges of higher judiciary by the Supreme Judicial Council has been substituted by the Parliamentary removal mechanism.
Since this amendment in ultra vires the constitution, the provision prevailing before substitution is restored".
Let us hope that to ensure transparency and accountability in the judiciary the Supreme Judicial Council will be operative and 'Code of conduct' formulated by the SC will be followed.
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