Power to Remove Judges Returned to Judicial Council
The power to remove judges returned to the Supreme Judicial Council.
The Supreme Court heard a review petition today on an appeal court ruling that declared the 16th Amendment to the Constitution, which empowers the National Parliament to remove Supreme Court judges, as unconstitutional and void.
The hearing started on Today (October 20) morning in the Appellate Bench of 6 judges led by Chief Justice Dr Syed Refaat Ahmed. Attorney General Md Asaduzzaman heard on behalf of the state.
Lawyers said that the Appellate Division has disposed of the review application against the judgment of the Appellate Division declaring the Sixteenth Amendment of the Constitution illegal and void by putting the power of removal of judges in the hands of the parliament members.
As a result, the power to remove the judges of the High Court has now returned to the hands of the 'Supreme Judicial Council'.
The Sixteenth Amendment to the Constitution was brought in 2014 to take back the power to remove judges from the National Parliament.
However, on May 5, 2016, a special High Court bench ruled that the Sixteenth Amendment was invalid. In 2017, the state appealed against that verdict.
Later on July 3 of that year, the Appellate Division dismissed the appeal.
On August 1, 2017, the full judgment of the Appellate Division was published. Later on December 24 of that year, the state party filed an application seeking review of the verdict. The review petition has not been taken up for hearing in the last eight years. After the arrival of the interim government, the appeal bench of 5 judges under the leadership of Chief Justice Syed Refaat Ahmed was fixed today (October 20) for the hearing of the review application.
It should be noted that in the original constitution in 1972, the power to remove judges was in the hands of the National Parliament.
In 1975, this power was removed from Parliament and given to the President through the Fourth Amendment.
In 1977, through the Fifth Amendment of the Constitution, the power to impeach judges was given to the Judicial Council.
In 2014, the Awami government, through the 16th Amendment, the power to remove judges was again taken back into the hands of Parliament.
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