Impeachment rule for accountability and transparency of judiciary, says law minister

Parliament should be empowered to impeach Supreme Court judges in order to hold the judiciary to account and ensure transparency in its workings, the law minister insists.

Anisul Huq says the move does not aim to keep the judiciary on a tight leash.

A Cabinet meeting on Monday, chaired by Prime Minister Sheikh Hasina, accepted a proposal to amend the Constitution empowering Parliament to remove judges.

"We believe the amendment will not compromise the judiciary's freedom, rather it would ensure the benefit that the people enjoy owing to the freedom of judiciary," he told reporters on Monday at the ministry.

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He said the Parliament was already empowered to impeach the president, prime minister and the speaker.

"Since Parliament is empowered to do all of this, and its place is after the people...the judiciary is free, we have no doubts about that.

"But Parliament should have the provision for impeachment for the sake of the judiciary's accountability and transparency," said Huq.

The Bill will be passed during the next Parliament session starting from Sept 1, said the minister adding a law will be made within three months of its passage.

The law will stipulate the process of impeaching a Supreme Court judge, he said.

"It will keep provisions for all the parties to clearly provide their statements and make sure the right to defend oneself is not compromised."

Huq evaded an explanation, when asked about what would be the whole process to remove a judge.

In the 1972 Constitution, Article 96 allowed Parliament to impeach Supreme Court judges for proven offences or incapability by the vote of a two-thirds majority.

However, military ruler Ziaur Rahman later cancelled it and bestowed the power on a Supreme Judicial Council through the Fifth Amendment.

Later, the High court called the Fifth Amendment illegal, yet the earlier article was not restored.