16th Amendment Controversy between Legislature and Judiciary: An Analysis
DOI:
https://doi.org/10.18034/ajhal.v9i1.635Keywords:
Constitution of Bangladesh, Political impact, Judicial independence, Judicial accountabilityAbstract
The constitution is the guide that leads a nation to prosperity. We cannot think of a modern state without it. So, after nine months of long blood-shedding battle in 1971, Bangladesh achieved her long-awaited independence and, therefore, made an instant effort to formulate a constitution rapidly, based on the ideological spirit of the war of independence. However, to accommodate the demands and will of the people and even sometimes to fulfill the narrow interests of the rulers, Bangladesh Constitution has been amended several times. Except for a few cases, almost every amendment; has a tremendous political impact on the constitution. Bangladesh's Constitution was recently revised to include a parliamentary procedure for judicial discipline for high court judges. The previous one supported judicial independence and separation of powers. The current system compromises judicial independence with accountability. As a result, the judiciary seems to fail to maintain its dignity and discharge its sacred responsibility.
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