16th amendment to the constitution
THE Jatiya Sangsad (JS) on Wednesday passed the 16th amendment to the constitution empowering parliament to impeach apex court judges for their misdemeanour or incapacity. It may be recalled that we had earlier critiqued in this column the cabinet's approving of the proposal on August 18 for this constitutional amendment.
It's indeed a fateful moment in the nation's history since the bedrock of principles of separation of powers and the checks and balances between the three organs of the state on which the entire democratic system of governance stands have thus been negated in one fell swoop. And with this enactment, the government has effectively shackled the judiciary by leaving it to the mercy of the ruling party that can exercise its brute majority in parliament to unseat a judge.
One is surprised by the manner in which some lawmakers from what passes for the opposition bench in JS as well as others from the ruling alliance and independent camps reversed their previous postures to jump on the ruling party bandwagon to vote in favour of the bill. Significantly, these lawmakers had earlier proposed motions in parliament suggesting changes in the bill as well as soliciting public opinion on it.
It is worthwhile to note that the present ruling party was once vocal about the independence of the judiciary and instituted some steps in that direction. And when the separation of the judiciary from the executive was finally effected, they took pride in it as a success story. What an irony that it is the same party that has done, what may turn out to be the last nail in the independent judiciary's coffin.
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