TITLE:
Assessing the Mechanisms of Removal Procedure of Supreme Court Judges in Bangladesh: An Analytical Study
AUTHORS:
Suraya Momtaz
KEYWORDS:
Removal of Judges, Judicial Independence of Judges, Impeachment, Judicial Appointment, Sixteenth Amendment
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.1,
March
12,
2025
ABSTRACT: Bangladesh, a deltaic country in South Asia, has its own Constitution, similar to other independent nations, to govern its affairs. Over time, the Constitution has undergone multiple amendments, often driven by political interests rather than national welfare, to align with the demands of modern democratic practices. Among these changes, the provision for the “Removal Procedure of Judges of the Supreme Court” has been amended several times without adequately considering the nation’s interests. With the judiciary serving as a cornerstone of democracy, ensuring its independence and accountability is imperative. This study offers an in-depth analysis of the legislative guidelines, administrative frameworks, and grounds for judicial removal of Supreme Court Judges in Bangladesh. Through a focus on constitutional provisions, judicial precedents, and historical context, the research identifies significant challenges and shortcomings in the existing procedures, including politicization, lack of transparency, and inefficiencies that undermine judicial independence. Furthermore, the study identifies challenges and deficiencies within the current system, providing critical insights for legal scholars, policymakers, and practitioners. It also proposes strategies to enhance the system’s transparency, fairness, and efficiency, fostering a more robust and independent judiciary.