'Dual Rule' Comment: Law minister contradicts CJ

Law Minister Anisul Huq yesterday contradicted the statement by Chief Justice Surendra Kumar Sinha on “dual rule” in the judiciary.

“With due respect, I beg to differ about his [chief justice] statement,” he said.

The High Court has cancelled article 96 of the 1972 constitution while the chief justice wants restoration of article 116 of that constitution which is “self-contradictory”, the minister observed.

Anisul was addressing a press conference at his secretariat office.

In a message on Monday, the chief justice blamed the “dual rule” for hampering the judicial work and increased sufferings of litigants, and sought restoration of the Supreme Court's full control over lower courts to bring an end to the prevailing situation.

Article 116 of the 1972 constitution had given the SC power to control postings, promotions and grant of leave of lower court judges. It could also discipline judicial service employees, and control the magistrates' exercise of judicial power.

The law minister said article 96 of the 1972 constitution that empowered parliament to remove SC judges for incapacity or misbehavior had been restored through the 16th constitutional amendment, but the HC scrapped it.  

The HC in its judgment observed that the amendment was a historical mistake and yet the chief justice seeks restoration of article 116 of the 1972 constitution, he said.

Article 116 of the present constitution says, “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.”

The president determines the postings and promotions of lower court judges and grants them leave in consultation with the SC and the law ministry plays a role of a bridge between the president and the SC in this regard, added Anisul.  

He, however, said the government would bring changes to article 116 for the sake of independence of the judiciary and democracy if deemed necessary.

The government has already taken steps to appoint judges to fill vacant posts in lower courts, the minister told reporters.