16th amendment bill set to be passed today
Wednesday, 17 September 2014
The much-talked-about 'Constitution (16th Amendment) Bill, 2014', seeking to re-empower Parliament to remove Supreme Court (SC) judges, is scheduled to be passed today (Wednesday) without any opposition, report agencies.
Law, Justice and Parliamentary Affairs Minister Anisul Huq will move the bill in the House, which he introduced on September 7. It was later sent to the respective scrutiny committee.
Chairman of the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs Ministry Suranjit Sengupta placed the report in Parliament after holding two meetings on September 9 and 10, deleting its preamble and inserting a change in article 96 (3).
In clause 3 of the article 96 the report says, "Parliament may by law regulate the procedure in relation to a resolution under clause 2 and for investigation and proof of the misbehaviour or incapacity of a Judge."
The clause 2 of the article says, "A judge shall not be removed from his office except by an order of the President passed in 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 misbehaviour or incapacity."
On September 7, when Law, Justice and Parliamentary Affairs Minister Anisul Huq placed the bill, the clause 3 of the article 96 stated that Parliament shall by law regulate the procedure in relation to a resolution under clause 2 and for investigation and proof of the misbehaviour or incapacity of a Judge.
The Committee also proposed changes in the objectives of the bill.
While placing the report in the House, Suranjit said this bill would act in safeguarding the independence of the judiciary and ensuring the security of judges. "At the same time, all ill-attempts made by different quarters creating conflict and confusion will get removed," he said.
Sources at opposition Jatiya Party said they would not oppose the bill while it will be passed.
Meanwhile, Tarikat Federation chairman Najibul Bashar Maijbhandari and Bangladesh Nationalist Front (BNF) chief Abul Kalam Azad met Prime Minister Sheikh Hasina Tuesday evening and informed her that they do not have any objection to passage of the bill.
Sources in the ruling Awami League said their Whips have already directed the ruling party members to ensure their presence today (Wednesday).
According to sources at the Parliament Secretariat, independent MP Dr Fazle Rabbi will come up in the House with some proposals to incorporate in the bill.
On June 30, 2011 Parliament passed the 15th amendment bill abolishing the caretaker government system.
Parliament Secretariat officials said on Tuesday that all formalities had been completed to pass the bill.
The BNP, which boycotted the last general election and is now out of Parliament, alleges the government is pushing through the bill to impose itself on the judiciary.
The first Constitution of Bangladesh in 1972 gave Parliament the jurisdiction to settle the tenure of top judges and decide on their removal.
The president was then vested with the power through the Fourth Amendment to the Constitution in 1974.
After military ruler Ziaur Rahman usurped state power, the Fourth Amendment was annulled and a Supreme Judicial Council was formed following an order to enforce the impeachment rule, which is still in force.