The Appellate Division of the Supreme Court on Tuesday fixed May 8 for the next hearing of an appeal filed against a High Court order that declared illegal the 16th amendment to the constitution establishing parliament’s authority to remove Supreme Court judges.
An eight-member bench, headed by Chief Justice SK Sinha, passed the order following a two-month time petition filed by attorney general Mahabubey Alam.
Earlier on February 8, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.
The court also requested them to place their opinions before it on March 7.
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment.
On May 5 last year, the HC declared the 16th Amendment to the constitution illegal. The government on January 4 filed an appeal challenging the HC decision.
The Constitution drafted in 1972 had given the MPs the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was vested with the President.
Source: New Age
