Bangladesh, a deltaic country in South Asia, has its own Constitution, similar to other independent nations, to govern its affairs. Over time, the Constitution has undergone multiple amendments, often driven by political interests rather than national welfare, to align with the demands of modern democratic practices. Among these changes, the provision for the “Removal Procedure of Judges of the Supreme Court” has been amended several times without adequately considering the nation’s interests. With the judiciary serving as a cornerstone of democracy, ensuring its independence and accountability is imperative. This study offers an in-depth analysis of the legislative guidelines, administrative frameworks, and grounds for judicial removal of Supreme Court Judges in Bangladesh. Through a focus on constitutional provisions, judicial precedents, and historical context, the research identifies significant challenges and shortcomings in the existing procedures, including politicization, lack of transparency, and inefficiencies that undermine judicial independence. Furthermore, the study identifies challenges and deficiencies within the current system, providing critical insights for legal scholars, policymakers, and practitioners. It also proposes strategies to enhance the system’s transparency, fairness, and efficiency, fostering a more robust and independent judiciary.
References
[1]
Abdul, M. H. (2011). Constitution, Constitutional Law and Politics: Bangladesh Perspective (4th ed.). CCB Foundation.
[2]
Abraham, H. J. (1986). The Judicial Process (5th ed., pp. 38-39). Oxford University Press.
[3]
Barr, C. (1991). Comparative Perspective on Judicial Selection Process in Appointing Judges: Philosophy.
[4]
Bazan, E. B., & Henning, A. C. (2010). CRS Report for Congress,8th April,2010, Impeachment: An Overview of Constitutional Provisions, Practice and Procedure (p. 2). https://www.fbc.state.gov/../141598.pdf
[5]
Biplab (2015). Justice Shamsuddin Chowdhury seeks impeachment of CJ. The Financial Express, Dhaka. http://www.old.thefinancialexpress-bd.com/24-news/2015/09/13
[6]
Blacks, B. A. G. (2009). Black’s Law Dictionary (9th ed.). Deluxe.
[7]
Blair, C. (2001). Judicial Appointments. Criminal Justice Review Group. http://www.ireland.com/newspapers/special/2000/justice/05.pdf
[8]
Correspondent, S. (2015, September 13). Justice Shamsuddin Choudhury Seeks Chief Justice SK Sinha’s Removal. The bdnews24.com. http://bdnews24.com/politics/2015/09/13/Justice-Shamsuddin-Choudhury-seeksChief-Justice-SK-sinha’s-removal
[9]
Felden, E. (2014). Separation of Powers in Bangladesh under Threat. The Daily Week. https://www.dw.com/en/separation-of-powers-in-bangladesh-under-threat/a-17933328
[10]
Friedland, M. L. (1995). A Place Apart: Judicial Independence and Accountability in Cana-da (p. 233). Canadian Judicial Council.
[11]
Garner, J. W. (1935). Political Science and Government (p. 722). The World Press Private Ltd.
[12]
Gibbs, H. (1987). The Appointment and Removal of Judges. Federal Law Review, 17, 141-150. https://doi.org/10.1177/0067205x8701700301
[13]
Justice Choudhury (2015, September 16). Justice Choudhury’s Demand to Impeach Chief Justice Sinha a Blow to Judiciary: BNP. Senior Correspondent. http://bdnews24.com/politics/2015/09/16/justice-choudhurys-demand-to-impeach-chief-justice-sinha-a-blow-to-judiciary-bnp
[14]
Kendall, C. N. (1997). Appointing Judges: Australian Judicial Reform Proposals in Light of Recent North American Experience. Bond Law Review, 9, Article No. 4. https://doi.org/10.53300/001c.5301
[15]
King, J. (1994). The Separation of Powers, in Courts in a Representative Democracy: A Collection of the Papers from a National Conference in Canberra, Victoria. The Australia Institute of Judicial Administration.
[16]
Larkins, C. M. (1996). Judicial Independence and Democratization: A Theoretical and Conceptual Analysis. The American Journal of Comparative Law, 44, 605-626. https://doi.org/10.2307/840623
[17]
Malleson, K. (1997). Judicial Training and Performance Appraisal: The Problem of Judicial Independence. The Modern Law Review, 60, 655-667. https://doi.org/10.1111/1468-2230.00106
[18]
Rizwanul, M. I. (2014). Vesting Power of Impeachment of Judges in the Parliament: A Perilous Venture. The Daily Star. http://www.thedailystar.net/op-ed/
[19]
Shetreet, S. (1987). Who Will Judge: Reflections on the Protection and Standards of Judicial Selections. Australian Law Journal, 61, 766-778.
[20]
Spry, M. (2001). Executive and High Court Appointments, Research Paper. Parliamentary Library. http://www.aph.gov.au/library/pubs/rp
[21]
Yackle, L. W. (2019). Choosing Judges the Democratic Way. Boston University Law Review, 69, 273, 307-310.
