What Judicial Appointment Council will do
The council will be headed by the chief justice
The Supreme Court today (28 November) sent a proposal to the law ministry to constitute a Judicial Appointment Council that will select candidates for appointing new High Court judges.
The council will be headed by the chief justice.
The Supreme Court's Registry General Office sent the proposal to the Ministry of Law, Justice and Parliament, sources familiar with the matter told The Business Standard.
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According to the proposal, the council will prepare a list of prospective HC judges after receiving the request from the president to send the recommendations.
It says many countries of the world, including England, Ireland, Kenya, Malaysia and South Africa have independent and impartial commissions for the appointment of HC judges.
The formation of the commission may, however, end up cutting the absolute power of the prime minister to appoint anyone as judge to the apex court, which has been used to retain control over the judiciary.
According to the Constitution, the president shall act in accordance with the advice of the prime minister in the exercise of all his functions, save only that of appointing the PM and the chief justice.
The council's formation and functions
According to a press release by the Supreme Court, the council will issue a public notice inviting recommendations for appointment to the said post based on a request from the president.
"In addition, the proposal states that the council may invite any person concerned to the council meeting to receive opinions or suggestions regarding the selection of candidates or may instruct any government or private institution to present the information required by the council."
It said if the council was formed, transparency and accountability would be ensured in the appointment of judges of the Bangladesh Supreme Court.
"Chief Justice Dr Syed Refaat Ahmed, on 12 September, presented a complete roadmap to establish the rule of law and ensure justice in the country in front of the judges of both divisions of the Supreme Court and the judges working in the district courts across the country, outlining the judicial reforms.
"In that, special importance was given to the formulation of laws for the appointment of judges of the country's high courts," the statement said.
It said in continuation of that, the SC had sent the proposal to the law ministry after conducting a detailed study on the laws, rules, regulations, decisions in the High Court and other issues related to appointment of judges in different countries of the world.
The move may end up cutting the absolute power of the prime minister to appoint anyone as judge to the apex court, which has been used to retain control over the judiciary.
According to the Constitution, the president shall act in accordance with the advice of the prime minister in the exercise of all his functions, save only that of appointing the PM and the chief justice.
