16th Amendment is the Violation of Basic Philosophy of the Constitution: A Critical Analysis

Abstract

The Constitution is the guide which leads a nation to the prosperity. A modern state cannot be thought of without it. So, after nine months long blood-shedding battle in 1971, Bangladesh achieved her long awaited independence and therefore, took an instant effort to formulate a constitution rapidly, based on the ideological spirit of the war of independence. However, to accommodate the demands and will of the people and even sometimes to fulfill the narrow interests of the rulers, Bangladesh Constitution has been amended several times. 16th amendment is one of them. Except a few cases almost every amendments has a great political impacts in the constitution. The most aspired and comprehensive sixteenth amendment induced a great debate among the political parties, intellectual part, constitution experts and masses. This research on An Empirical Study on 16th amendment regarding the impeachment of judges. My research is divided into seven chapters. Our research Paper discussion clears the validity of the 16 amendment, and the arguments of parties. The 16thamendment enacted on 17th September 2014, vested the power of impeachment of judge to the parliament. A writ petition was filed against this amendment and the high court division declared the amendment is void, illegal and unconstitutional. Analyzing the 16th amendment and verdict on 16th amendment it is said that the amendment injured the separation of power, independence of judiciary, rule of law, which are the basic philosophy of the Bangladesh constitution.