Abstract:
Abstract: The goal of the paper is to undertake a comparative discourse on
removal of judges with reference to the provisions prior to- and post- 16th
Amendment of the Constitution of Bangladesh. Though the parliament is
given the power to trigger at the removal proceedings of a judge by passing a
resolution under the 16th Amendment of the Constitution, this paper
particularly postulates that the interventionist role of the parliament in
removal of judges stands against judicial independence given the sociopolitical
and legal strata in our country. The paper stands on the premise
that the supreme judicial council as was introduced in our constitutional
fabric by the 5th Amendment of the Constitution was more suitable than the
Parliament to trigger at removal process of judges by a resolution. The scope
of the article is limited to the discussion of mechanism for removal of judges
of the Supreme Court of Bangladesh
