Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, January 24, 2019 07:59:43 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Revisiting the judgement on caretaker government is important

photo by

By MAINUL HOSEIN
03rd-Jun-2017       
Comments
Share your thought
Post a comment »
Read all () »

The continuing clash between the government and the judiciary to undermine the supremacy of the Constitution bodes ill. The issue of Constitutional legitimacy has been raised by the government in rejecting the Supreme Judicial Council. Though passed by the parliament elected through election in which all political parties joined. Yet the constitutional change will not be treated as legitimate because originally the government came to power by martial law. That should be considered a difficult position without admitting the whole parliament lacks legitimacy.  
The government is on a very slippery slope on the question of its own constitutional legitimacy. No martial law government comes to power on the basis of constitutional legitimacy. But a civilian government has to pass the test of constitutional legitimacy by getting elected in a free and fair election. The government itself knows that the present parliament was not elected in conformity with the Constitution. The Prime Minister herself was frank enough to admit the same.    
The clash with the judiciary is a clash more than with the judiciary. The constitutional supremacy of the judiciary is under challenge. The issue is saving the Constitution, not merely regarding impeachment of the judges by the parliament as unconstitutional.
The clash of the government with the judiciary first started when the government started dragging its feet in for not complying with an innocent order of the Supreme Court to issue gazette notification publishing the service rules for the lower judiciary.
Thereafter, came the issue of sending of lower court judges to Australia and other countries for training without consulting the Chief Justice.  The Chief Justice had to stop.
We have to say that one decision more than any other has emboldened the government to think the Supreme Court is eagerly compliant. The Supreme Court refused the election-time caretaker government holding that even during the election-time no neutral unelected government can be the government.  
Now the constitutionality of the law for impeaching the judges of the Supreme Court by the parliament is waiting to be decided by Appellate Division of the Supreme Court. The High Court Division had already declared the law as unconstitutional.
We find it unbelievable that the government is eliminating one after other democratic institutions and still calls itself a democracy.
The fact is -- it will not be possible to obliterate the Constitution this time. Bangabandhu did it by calling the change a revolution. He changed the Constitution to be presidential one with no room for free press and independent judiciary. But present government wants to be known as a democracy. Besides, this time the judges and lawyers got the opportunity to defend the Constitution. The lawyers and judges are not ready to make justice system die for the politicians to survive.  
The parliament without the opposition is no parliament under the Constitution. Its election is in question. So it is too much for the government not be conscious of its own legitimacy.
It is reported that the Chief Justice will go through the whole Constitution to decide the claim of the parliament the power of impeachment of the judges of the highest court. The constitutional provision that says the parliament will have the power of impeaching the judges of the Supreme Court is to be found in conflict with the whole scheme. Nowhere the single house parliament is given the power of impeaching the judges.
 In Britain, the House of Commons initiates impeachment proceedings but trial takes place in the House of Lords.
The power of the Supreme Court to declare any law passed by the parliament as unconstitutional will be meaningless if the parliament can impeach the judges and the judges have to live in fear of impeachment.
The constitutional protection against violation of people’s fundamental rights will also be futile if the courts are denied independence. The police will be more powerful than the judges and the country will be police state except in name.
The mistake was made by the Supreme Court earlier when by a majority of one, the Supreme Court judges allowed the government to remain in power during election time. Under a parliamentary system, it is so absurd that there will be elections of the parliament without dissolving the parliament. In the judgment, not a single instance was cited where it is practiced.
Now peaceful election for transfer of power remains a far cry. This was a mistaken judgment sending wrong signals to the undemocratic forces. It has to be corrected sooner than later if democracy and the democratic Constitution are to survive. Now is the time to look at the Constitution as a whole the very supremacy of the Constitution is under threat. The government wants to deny the Supreme Court the role as protector of the Constitution.
Revisiting the judgement on caretaker government has become essential to save elections and the Constitution.
No Election Commission can ensure free election with full government and full parliament in power.


Tariff
Add Rate

News Archive

Inside The New Nation

Cricket »

India's Virat Kohli plays forward during the one day international between New Zealand and India in Napier, New Zealand on Wednesday.


A match billed as a runfest was turned upside-down by India's spin twins Kuldeep Yadav and Yuzvendra Chahal on Wednesday, as New Zealand were crushed by eight wickets in the first one-day international in Napier.India arrived at the ground with captain Virat Kohli expecting 300-plus to be par but when ...

International »

Priyanka Gandhi also enters politics


AP, New Delhi :A scion of India's most famous political dynasty on Wednesday formally entered politics, with the opposition Congress party assigning her a position as it prepares for national elections due before May.Priyanka Gandhi Vadra is the 47-year-old daughter of Rajiv Gandhi and Sonia Gandhi. She has in the ...

City »

People from all walks of life paid last respect to noted musician and freedom fighter Ahmed Imtiaz Bulbul by giving floral wreaths on his coffin at the Central Shaheed Minar in the city on Wednesday.


Entertainment »

Sonam Bajwa is all set to make her big Bollywood debut


After creating an immense sensation in the Punjabi film industry, Sonam Bajwa is now ready to make her foray into Bollywood with Varun Dhawan. Yesterday Varun posted a video on social media where he was en route to Punjab for shooting and while on board Varun introduced film’s producer Bhushan ...

Editorial »

Doctors should ensure quality healthcare service to patients


IN a surprise visit to 11 government hospitals and health complexes in eight districts including Dhaka on Tuesday, the Anti-Corruption Commission found 92 doctors out of a total of 230 absent at their workplaces. Eleven teams from the ACC made the visits between 9:00am and 2:00pm.Recently, the ACC received allegations ...

City »

General students of Dhaka University formed a human chain in front of Aparajeya Bangla of the university on Tuesday demanding proper probe into the suicidal case of Taifur Rahman Protik, a student of Genetics Engineering and Bio-technology Department of Shahjalal Science and Technology University.


Editorial »

ACC's role in fighting corruption


THE Anti-Corruption Commission on Tuesday suspended one of its directors for allegedly leaking information about its investigation beforehand and also having nexus with the accused.  The suspended official was recently promoted as director. In May last year, the ACC also dismissed one of its assistant directors and suspended another for ...

Sports »

Rangpur Riders beat Khulna Titans


Sports Reporter :Rangpur Riders beat Khulna Titans by six wickets in the 25th match of the UCB 6th Bangladesh Premier League (BPL) T20 cricket at the Sher-e-Bangla National Cricket Stadium in the city's Mirpur on Tuesday.Chasing Khulna's competitive 181 for the loss of six wickets in the allotted 20 overs, ...

Sports »

Greek sensation Tsitsipas into first Slam semi-final


AFP, Melbourne :Greek sensation Stefanos Tsitsipas showed resilience and maturity Tuesday to reach his first Grand Slam semi-final with a 7-5, 4-6, 6-4, 7-6 (7/2) win over Roberto Bautista Agut.Roger Federer's conqueror had to contend with dropping his serve early in each of the first three sets to the Spanish ...

International »

Ex-diplomats, scholars urge China to release Canadians


AFP, Beijing :A group of more than 100 former diplomats and academics have signed an open letter to Chinese President Xi Jinping calling for the release of two Canadians who have been detained on allegations of espionage.Former diplomat Michael Kovrig and businessman Michael Spavor were on December 10 arrested for ...

International »

France, Germany seek closer bond to tackle EU crisis


AFP, Aachen :France and Germany will on Tuesday sign a new friendship treaty to deepen their alliance at a time of crisis for the EU, drawing fire from the far right and a flurry of alarmist fake news reports.French President Emmanuel Macron and German Chancellor Angela Merkel are to sign ...

Business & Economy »

IMF cuts growth forecasts as world economic forum begins


AP, Davos, Switzerland :The world economy absorbed more bad news Monday: The International Monetary Fund cut its growth forecast for 2019. And China, the world's second-biggest economy, said it had slowed to its weakest pace since 1990.The IMF cut its estimate for global growth this year to 3.5 percent, from ...

Entertainment »

Sherlyn Chopra raises the mercury in her latest video `Tunu Tunu`


The amorous Sherlyn Chopra has always treated her fans with her raunchy photoshoots and now the seductress diva is back with another treat for her fans. After treating the fans a few days back with a short teaser, now the diva has treated her fans with the full music video. ...

Editorial »

The miseries of River Karnafuli must end


WITH alleged support from a section of officials, the encroachment of Karnafuli banks is still rampant by some powerful quarters flouting the High Court order.  Quoting investigation report done by the National River Conservation Commission (NRCC), the media yesterday reported that none of the 2,181 illegal structures has been removed ...

Cricket »

David Warner to undergo surgery on injured elbow


Banned former Australian vice-captain David Warner is expected to undergo minor surgery on his elbow Tuesday after returning home from the Bangladesh Premier League with an injury.Warner, alongside former skipper Steve Smith and batsman Cameron Bancroft, was suspended from international cricket over a ball-tampering scandal during a Test match in ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news