REMOVAL OF JUDGES UNDER 16TH AMENDMENT OF BANGLADESH CONSTITUTION: A EUPHEMISM TO CURB ON JUDICIARY

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