Bangladesh News

The government yesterday approved creation of the Supreme Judicial Commission to ensure neutral and credible appointment of Supreme Court judges. It also approved a proposal of Election Commission (EC) Secretariat to free it from the control of Prime Minister’s Office (PMO).

But the government at its weekly cabinet meeting yesterday deferred the proposal for the creation of a national constitutional commission, which would bring government control over appointment to constitutional posts to an end.

The proposed EC Secretariat ordinance will ensure independence of the secretariat under full control of the chief election commissioner (CEC), chief adviser’s Press Secretary Syed Fahim Munaim told reporters after the meeting.

Fahim said both the approved ordinances were sent to the law ministry for final vetting before the president can promulgate them into laws.

The Supreme Judicial Commission will be a nine-member body headed by the chief justice that will select and recommend candidates as judges in the High Court and Appellate divisions of the Supreme Court.

The government took the initiative in view of a strong public demand, said Fahim, adding the government has also discussed the matter with prominent individuals in the legal field.

The other eight members of the commission include the law minister, two senior most judges of the Appellate Division, the attorney general, a member of parliament each from the government and the opposition, the president of the Supreme Court Bar Association (SCBA), and the law secretary.

Through the prime minister the body will recommend to the president two candidates for each vacant post without any order of preference. The commission members may also interview the candidates.

If the president disagrees with the recommendations, he will send it back to the commission for review. If the president disagrees with the revised recommendation also, he reserves the right to reject all recommendations altogether.

Academic qualifications, professional skills, seniority, honesty and reputation will be considered while recommending names of additional judges in the High Court to bring rigour and accountability in the selection process.

For permanent appointment to the High Court, the additional judges will need further recommendations of the council, according to the proposal.

Judges have so far been appointed on political consideration since the power to appoint lies with the prime minister and the president acts on the advice of the premier.

Appointments of judges since 2001 triggered widespread controversy, prompting the SCBA to launch protracted agitation programmes including boycotting court. The then BNP government appointed around 50 judges to the Hugh Court Division, including one who was a BNP lawmaker.

The BNP government also did not confirm the jobs of a number of HC judges temporarily appointed by the previous Awami League government.

Even recommendations from chief justices in this regard were ignored in the past.

According to the approved EC Secretariat ordinance proposal, the secretariat will be considered as a division according to the Rules of Business under the control of the EC. It will also have its own budget as per its request and will be responsible for the appointment of its secretary and other staff.

The demand for separation of the EC Secretariat from the control of PMO always figured prominently in the proposals placed at different times by former election commissioners, civil society groups and political parties.

The EC had faced difficulties in conducting polls because of interference from the executive. The EC secretary often seemed to be working against the commission and only those who would serve best the interests of the ruling party or alliance were appointed to the commission’s posts.

With a view to breaking free from the PMO grip, the current EC came up with a number of proposals on June 7 last year.

The advisory council had approved the proposals in principle on June 23 and asked the law ministry to draft an ordinance.