Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, September 19, 2018 12:03:22 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

Editorial »

We welcome Islamabad for awarding Bangladeshi-origin refugees Pakistan`s nationality


PAKISTAN government has decided to grant nationality to all Pakistan-born refugees of Bangladeshi and Afghan origins staying there for decades. Prime Minister Mr Imran Khan on Sunday made this announcement during his maiden visit to Karachi, saying the Bangladeshi and Afghan refugees who were born in Pakistan would get National ...

Sports »

Argentina's Facundo Conte (left) and teammate Alexis Gonzalez celebrate during the Men's World Championships' volleyball match between Argentina and Slovenia, in Florence, Italy on Monday.


Football »

FIFA president Infantino has doubts about La Liga match in Miami


AFP, Barcelona :FIFA president Gianni Infantino has expressed concern about La Liga's proposal to stage a fixture between Girona and Barcelona in the United States.The two clubs have each approved a request submitted to the Spanish Football Federation for the match to be played at the Hard Rock Stadium in ...

Entertainment »

Annie Sekhon all set to shine in Bollywood


Actress Annie Sekhon who has worked in many television shows and Punjabi films is having the time of her life. Off late she's been enjoying the success of her latest Punjabi film, 'Punjab Singh' opposite Gurjind Maan. The hangover of this film hasn't even faded yet and she's taking a ...

Entertainment »

2018 Emmy winners list


Best Drama Series: Game of ThronesBest Comedy Series: The Marvelous Mrs. MaiselBest Actor, Drama Series: Matthew Rhys, The AmericansBest Actress, Drama Series: Claire Foy, The CrownBest Supporting Actor, Drama Series: Peter Dinklage, Game of ThronesBest Supporting Actress, Drama Series: Thandie Newton, WestworldBest Writing, Drama Series: Joel Fields and Joe Weisberg, ...

Business & Economy »

Md. Momin Ud Dowlah, Chairman and Managing Director of Eon Group of Industries Limited, inaugurating its 18th anniversary celebrating programme by cutting cake at Eon Convention Center in the city on Sunday. Major ABA Mesbah Ud Dowlah, Vice-Chairman, ABA Shahid Ud Dowlah, Executive Director, Sayeeda Dowla, Director and Dr. Tamim Ud Dowlah, Group Director were also present.


City »

BNP Standing Committee Member Barrister Moudud Ahmed speaking at a discussion on 'Voting Rights-Fair Justice and Human Rights: Present Bangladesh' organised by Bangladesh Jatiya Manobadhikar Parishad at the Jatiya Press Club on Tuesday.


International »

US slashes refugee admissions to 30,000 for 2019


Reuters, Washington :U.S. Secretary of State Mike Pompeo said on Monday the United States would cap the number of refugees allowed into the country at 30,000 for fiscal year 2019, a sharp drop from a limit of 45,000 it set for 2018."We proposed resettling up to 30,000 refugees under the ...

Editorial »

Journalists` concern for free speech should not be ignored


EDITORS' Council on Saturday expressed its surprise, dissatisfaction, and shock at the final report of a parliamentary standing committee on the draft Digital Security Act which totally ignored the concerns expressed by journalists. Following disapproval from journalists, rights campaigners and foreign diplomats in Dhaka, the Law Minister earlier had admitted ...

Sports »

Japan's Osaka blames US Open tears on 'notorious' nerves


AFP, Tokyo :Naomi Osaka has put her US Open tears down to shredded nerves and her natural awkwardness, rather than the tantrum thrown by Serena Williams that overshadowed a historic Japanese win.The 20-year-old melted hearts when she burst into sobs as boos rang out following her emphatic 6-2, 6-4 thrashing ...

International »

Floodwaters rise as killer storm stalks southeastern US


AFP :Catastrophic floods raised the threat of landslides and dam failures across the southeastern United States on Monday, prolonging the agony caused by a killer hurricane that has left more than a dozen people dead and caused billions of dollars in damage.Downgraded to a tropical depression, Florence crept over South ...

International »

Imran Khan pledges citizenship to Afghan and Bangladeshi refugees


Al Jazeera News :Karachi, Pakistan - Prime Minister Imran Khan has pledged to implement existing Pakistani laws that would grant citizenship to all Afghan and Bangladeshi refugees who were born on Pakistani soil, a major departure from previous policy.Pakistan is home to more than 1.39 million registered Afghan refugees, according ...

City »

BNP Standing Committee Member Barrister Moudud Ahmed speaking at a protest rally organised by Nasir Uddin Ahmed Pintu Smriti Sangsad at the Jatiya Press Club on Monday demanding release of BNP Chief Begum Khaleda Zia and other leaders of the party.


Entertainment »

Radhika Apte turns adviser for AndhaDhun director


AndhaDhun director, Sriram Raghavan holds Radhika’s opinion in high regard when it comes to working on a project. Radhika being an omnipresent character in the entertainment world, the filmmaker feels that seeking advice from the actress always works in favor of him. According to sources, Sriram Raghavan said, “Since Radhika ...

Editorial »

DUCSU election is desirable but subservient party politics must end


ACADEMICS and former student leaders have emphasised favourable environment and immediate announcement of schedule to hold the long-awaited election to Dhaka University Central Student Union (DUCSU). While Dhaka University authorities initiated a discussion with student organisations over the issue yesterday, the participants welcoming the DU's move pointed out that flexing ...

 
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