Cabinet okays draft law to allow Parliament to impeach Supreme Court judges

A draft law with a provision to allow Parliament to impeach judges for misdemeanour has been approved by the government.

The 16th Amendment to the Constitution in 2014 had revived Parliament’s powers to sack top judges on the grounds of incompetence and misconduct.

Monday’s regular Cabinet meeting chaired by the prime minister approved the draft in principal.

“The law addresses the issue of incompetence and misconduct of justices,” Cabinet Secretary Mohammad Shafiul Alam told reporters.

He said investigations against a judge would have to be conducted under the new law and the judges would have the opportunity to defend themselves.

Alam said that the law stipulates two years in prison and a Tk 500,000 fine for false allegations brought against a judge.

“There is a provision to discuss the draft with Supreme Court judges before it’s forwarded to the Cabinet for a final nod.”

Bangladesh’s Constitution, drafted in 1972, gave MPs the power to impeach judges and decide their term in office.

But after the Fourth Amendment in 1975, the power was vested with the president.

The Fourth Amendment was cancelled after Bangabandhu Sheikh Mujibur Rahman was assassinated and the military rule set up by General Ziaur Rahman saw the formation of a Supreme Judicial Council for impeaching judges in 1977.

A military proclamation led to the creation of the council, without precedence or warrant, to suit the whims and caprices of an unlawful military ruler, the Law Commission observes in the historical context section of the proposed law.

The Fifth Amendment, brought on during Gen Zia’s rule, legalised the council, which kept functioning until the Fifth Amendment and all other laws passed during military rule in Bangladesh were declared illegal by the High Court.

In 2012, a ruling by Speaker Md Abdul Hamid, who is now President, prompted several MPs to demand impeachment of a High Court judge, which resurrected the demand to have the power return to the Parliament.

Then the Awami League government, after passing 16th Amendment to the Constitution on Sept 17, 2014, said it was in favour of returning that power to the people.