SC Judges' Appointment
Bill placed seeking relevant law
A private member's bill was placed in parliament yesterday proposing enactment of a law for specifying qualifications and disqualifications of candidates for appointment as judges to the Supreme Court.
The bill is aimed at eliminating the politicisation of the appointment process.
The proposed legislation, placed by Jatiya Party MP Mujibul Haque, also sought curtailment of the government's sweeping authority over the appointment.
The bill has been sent to the parliamentary standing committee on private members' bills and resolutions for scrutiny and placement of a report in the House.
It proposed forming a Superior Judicial Commission led by the chief justice to recommend candidates' names to the president for appointment as judges to the High Court Division and the Appellate Division.
The commission will consist of a senior Appellate Division judge, a senior HC Division judge, a Speaker-nominated lawmaker, chairman of Public Service Commission, the attorney general, and president of Supreme Court Bar Association.
The commission will select competent individuals for appointment as judges to the HC Division and determine the number of SC judges considering the number of pending cases and other aspects.
According to the current constitutional provision, a person shall be qualified for the appointment if he or she has been an advocate of the SC or has held a judicial office for at least 10 years.
The constitution also provides "other qualifications" to be prescribed by law. But none of the successive governments has moved to enact a law prescribing these criteria.
Experts say the current criteria have allowed all successive governments to pick loyal persons as SC judges.
Comments