Parliament’s power to impeach judges illegal: SC

MNA National Desk: The Appellate Division of the Supreme Court has upheld a High Court (HC) order that declared illegal the 16th amendment to the Constitution establishing the parliament’s power to remove Supreme Court judges.

A seven-member bench of the Appellate Division headed by chief justice Surendra Kumar Sinha unanimously upheld the HC verdict on Monday, following an appeal.

In a major ruling on 5 May last year, the HC declared the 16th Amendment illegal and contradictory to the Constitution.

Following the HC verdict, the state filed an appeal against the High Court (HC) order.

On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.

Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment.

On May 5 last year, the HC declared the 16th Amendment to the Constitution illegal. The government on January 4 last filed an appeal challenging the HC decision.

The Constitution drafted in 1972 had given the MPs the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was vested with the President.