JS body submits 16th amendment report

The parliamentary standing committee on law ministry today submitted its report on the proposed 16th amendment to the constitution, which will empower lawmakers to impeach judges, to Jatiya Sangsad.

Suranjit Sengupta, chief of the body, placed the report before the parliament following completion of its scrutiny.

The body has unanimously recommended passing the proposed law after erasing the entire preamble of the bill.

Last week, Suranjit told reporters that he found the preamble of the proposed bill “unnecessary” and said he would recommend its removal.

It was reported that the preamble said the Supreme Judicial Council (SJC) was against the spirit of Article 7 of the constitution that declares that all powers in the Republic belong to the people.

The incumbent chief justice-led SJC that deals with allegations of misconduct against any judge will cease to exist once the bill is passed.

Once lawmakers pass the bill, the power to impeach judges on grounds of misbehaviour or incapacity will be restored to the parliament.

The parliament had this power in the 1972 constitution. In 1979 during the regime of Gen Ziaur Rahman, the fifth amendment was made and the SJC was introduced.

The Supreme Court declared the fifth amendment illegal in 2012. However, the provision of SJC was condoned. The AL-led government, however, introduced afresh the SJC in the constitution through the fifteenth amendment in 2011.