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Download PDF The caretaker government is looking to form a national constitutional council to ensure appointments to constitutional posts are made in a transparent manner.
A draft ordinance titled National Constitutional Council Ordinance, 2007 is now at the law ministry for further scrutiny after the council of advisers Wednesday sent it back there.
The move comes in response to recent instances of controversy over appointment of judges, chief election commissioner (CEC), election commissioners, chairmen and members of the Public Service Commission (PSC) and Anti-Corruption Commission (ACC).
Law and Information Adviser Mainul Hosein yesterday said the convention of the president’s consulting the chief justice about the High Court judge appointments had been barely followed. Giving appointments to the constitutional posts has rather become secretive.
“We need to ensure transparency in the process. We all have seen what the situation was at the Election Commission,” he told reporters at the ministry yesterday.
Observers blame the last year’s political turmoil on choosing partisans lacking qualifications for the constitutional posts especially those of the CEC and election commissioners.
The adviser said the council would recommend two persons for each of the posts like Appellate Division judge, High Court judge, chief election commissioner, election commissioner, comptroller and auditor general, member and chairman of the PSC, and ombudsman.
According to the draft, the president shall pick one for a given post from those recommended by the council. He/she may send the recommendations back to the council for reconsideration.
The proposed national constitutional council will consist of seven members and be headed by the chief justice.
The president may also disregard the recommendations but in that case he/she will have to cite appropriate reasons, according to the draft proposal.
“The key function of the council would be to see whether the persons have the qualifications required to serve the post. This will bring transparency in the entire process,” Mainul said while explaining the rationale for the move to form the council.
“Even in the United States, the Federal Court judges are brought before the media,” he observed.
On the proposal for making the chief justice its chairman, he said: “He is the symbol of justice, and people in general have respect for the High Court judges.”
If necessary, the council will invite expert advice, he added.
It will look into seniority, judgment skill, honesty, and reputation among others while recommending High Court judges for appointment to the Appellate Division.
Academic qualifications, professional skill, seniority, honesty, and reputation will be considered in making recommendations for additional judges in the High Court.
For permanent appointment to the High Court, the additional judges will need further recommendations of the council, according to the draft proposal.
Mainul said the caretaker government would better take policy decisions as little as possible. But the council is needed to make judiciary separation fruitful, he noted.
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