Law minister settles 16th amendment worries over other constitutional posts

The 16th Amendment to the Constitution that makes it possible for Parliament to impeach Supreme Court judges has left others worrying over those holding constitutional positions.

Moinul Hoque Chowdhurybdnews24.com
Published : 20 August 2014, 03:48 AM
Updated : 20 August 2014, 11:08 AM

The amendment restores parliamentary supremacy upheld by the 1972 Constitution, which provided for impeachment of Supreme Court judges by a two-thirds majority.

It strikes down a subsequent amendment that had vested the power of impeachment in the Supreme Judicial Council.

Many feel the 16th Amendment will also make it possible for Parliament to remove those holding top positions in the Election Commission (EC) and the Public Service Commission (PSC).

But Law Minister Anisul Huq has said that EC and PSC officials cannot be impeached -- and will not be.

That has not consoled many.

Election Commissioner Mohammed Abdul Mobarak told bdnews24.com: "If Parliament gets the powers to impeach Supreme Court judges, it can remove us as well."
He says that Article 118 of the Constitution that deals with the impeachment of Supreme Court judges also applies to the Election Commission.
Clause 5 of this article says: "No Election Commissioner can be removed by any other procedure except those applicable to Supreme Court judges."
Former Election Commissioner Sakhawat Hossain agrees.
"If the 16th Amendment is passed, it will empower Parliament to impeach Election Commissioners just as it would enable them to impeach Supreme Court judges.
“The Election Commission will be covered as much as the Supreme Court if this proposed amendment becomes law."

Mohammed Abdul Mobarak

Shakawat Hossain

This former army officer has opposed the 16th Amendment.
"The Supreme Judicial Council is empowered to impeach judges. But if it is bypassed and Parliament is vested with these powers, the higher judiciary will be left with no safeguards and can fall a victim to party politics," Hossain told bdnews24.com
But Law Minister Huq is insistent that Parliament "will not" impeach election commissioners and others holding constitutional positions.
"Those holding such positions are never impeached. If anybody holding such a position is found incapable of delivering constitutional responsibilities or is found to lack integrity befitting the position, the President asks such a person to step down," Huq told bdnews24.com .
Cabinet Secretary Mosharraf Hossain Bhuiyan says Article 96 of the Constitution will be buttressed by relevant provisions of the 1972 Constitution.

Anisul Huq

The 1972 Constitution made presidential assent mandatory for impeachment of Supreme Court judges even after passage of such a motion by two-thirds majority in Parliament.
But it allowed Supreme Court judges to resign following due process laid down in the Constitution.
Minister Anisul Huq says the provisions of Article 96 will only apply to Supreme Court judges -- not to others holding constitutional positions like the Election Commissioners or the PSC officials.
Huq says after the 16th Amendment is passed in the forthcoming parliament session beginning Sept 1, a detailed law regarding the impeachment of Supreme Court judges will be enacted within three months.
But others holding constitutional positions like EC and PSC officials will not be covered by that law, according to the minister.
"I have made the government's position sufficiently clear. There is no scope for misinterpretation or misunderstanding."