Govt to enact law on HC judge appointment: law minister
The government plans to enact a law for transparent appointment of judges to the High Court, Law, Justice and Parliamentary Affairs Minister Shafique Ahmed told parliament yesterday.
“The law will be made in consultation with the chief justice and in accordance with the constitutional provisions,” he said, replying to lawmakers' queries.
There was no other policy except the constitutional provisions for such appointment, he said in a scripted reply.
According to Article 95 (2), a person shall be qualified for appointment as a Judge if he is a citizen of Bangladesh and has been an advocate of the Supreme Court for at least 10 years; or has held judicial office in the territory of Bangladesh for at least ten years; or has such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.
No government has taken the initiative to formulate the law in the last 38 years. In its absence, the judge appointment process has reportedly been politicised over the years, sometimes leading to appointment of unfit people.
Legal experts said the current criteria allowed governments to pick people, loyal to them, as SC judges without scrutinising their academic qualifications, professional ability, goodwill and honesty.
Addressing a function in 2007, the then chief justice Mohammad Ruhul Amin said it would take at least 20 years to rid the judiciary of the effects of irregularities in the judge appointment process.
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