logo

Report on 16th Amendment Bill placed

Sunday, 14 September 2014


The Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs Ministry Sunday submitted its report on ‘The Constitution (Sixteenth Amendment) Bill, 2014’, deleting the preamble and inserting a change in the article 96 (3).
Committee chairman Suranjit Sengupta placed the report in Parliament, making it clear that the much-talked-about bill is set to go through the House soon as planned by the government despite criticisms by various quarters, according to a news agency.
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 Constitution (Sixteenth Amendment) Bill, 2014, was placed seeking to empower Parliament to remove Supreme Court Judges. 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 security of judges.
 “At the same time, all ill-attempts made by different quarters creating conflict and confusion will also be removed,” he said.