Kathmandu School of Law Review

Open Access Open Access  Restricted Access Subscription Access

Bangladesh’s Take on Restoring the Parliamentary Control over the Judiciary: New Course through the 16th Amendment to the Constitution


Affiliations
1 Department of Law, University of Chittagong, Bangladesh
 

Shortly after its emergence as a nation through a historic struggle for national liberation, Bangladesh formed its constitution in 1972. Since its formation in 1972, the Constitution of Bangladesh has been amended many times. The latest addition to that amendment list is the 16th amendment of the constitution that was endorsed from the parliament on 17th September 2014. The 16th amendment of the constitution brought back an old provision of the impeachment process of Supreme Court judges of Bangladesh replacing Article 96 of the constitution of Bangladesh. Since the passing of the 16th amendment in the parliament of Bangladesh, it has been a hot topic to be discussed under constitutional law. This short article embodies a critical analysis of the 16th amendment of the constitution and an opinion regarding the very issue.
User
Notifications
Font Size

  • Asma Sultana, ‘16th Amendment to the Constitution: Re-assertion of Parliamentary Authority over Judiciary’, no. 13, Law Vision, 2014-2015, p. 68.

  • M. Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh, 2nd edition, Sun Shine Books, Chittagong, 2014, p. 462.

  • The Constitution of Bangladesh, 1972, art 96.

  • ‘Judges and Parliament’, Courts and Tribunals Judiciary available at https://www.judiciary.uk/about-the-judiciary/the-judiciary-the-government-and-the-constitution/jud-acc-ind/judges-and-parliament/, accessed on 28 July 2018.

  • Yosemitest, ‘Impeach and Remove US Supreme Court Justices’, 29 June 2010, Free Republic available at http://www.freerepublic.com/focus/chat/2543298/posts, accessed on 28 July 2018.

  • Anisur Rahman, ‘16th Amendment of the constitution: another view’, The Daily Star (August 2019) available at http://www.thedailystar.net/16th-amendment-of-the-constitution-another-view-42884, accessed on 28 July 2018.

  • The Constitution of Bangladesh, 1972, art 70.

  • Ibid, art 48(3).

  • Nirmal Kumar Saha & M. Jashim Ali Chowdhury, ‘On Removal of Supreme Court Judges: 16th amendment & beyond’, p. 6 (Unpublished).

  • Ibid, p. 4.

  • Sarkar Ali Akkas, ‘Judicial Independence and Accountability: A Comparative Study of Contemporary Bangladesh Experience’, Doctor of Philosophy Thesis, University of Wollongong, 2002, p. 37.

  • Constitution Quotes, Brainy Quote available at http://www.brainyquote.com/quotes/andrew_jackson_401401?src=t_constitution, accessed on accessed on 29 July 2018.


Abstract Views: 193

PDF Views: 98




  • Bangladesh’s Take on Restoring the Parliamentary Control over the Judiciary: New Course through the 16th Amendment to the Constitution

Abstract Views: 193  |  PDF Views: 98

Authors

Syed Morshed Rahad Udin
Department of Law, University of Chittagong, Bangladesh

Abstract


Shortly after its emergence as a nation through a historic struggle for national liberation, Bangladesh formed its constitution in 1972. Since its formation in 1972, the Constitution of Bangladesh has been amended many times. The latest addition to that amendment list is the 16th amendment of the constitution that was endorsed from the parliament on 17th September 2014. The 16th amendment of the constitution brought back an old provision of the impeachment process of Supreme Court judges of Bangladesh replacing Article 96 of the constitution of Bangladesh. Since the passing of the 16th amendment in the parliament of Bangladesh, it has been a hot topic to be discussed under constitutional law. This short article embodies a critical analysis of the 16th amendment of the constitution and an opinion regarding the very issue.

References