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[Published Bangladesh Gazette, 22 September 2014
An Act further to amend article 96 of the Constitution of the People's Republic of Bangladesh
WHEREAS it is expedient and necessary further to amend article 96 of the Constitution of the People's Republic of Bangladesh for the purposes hereinafter of appearing;
It is hereby enacted as follows:
2. Amendment of article 96 of the Constitution. – In the Constitution, in article 96, for clauses (2), (3), (4), (5), (6), (7) and (8), the following clauses (2), (3) and (4) shall substituted, namely:–
(2) A Judge shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehaviour or incapacity.
(3) Parliament may by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misbehaviour or incapacity of a judge.
(4) A judge may resign his office by writing under his hand addressed to the president.] Emphasised by me.
"Tenure of office of Judges
(1) Subject to the other provisions of this article, a Judge shall hold office until he attains the age of 60 sixty-seven years.
(2) A Judge shall not be removed from office except in accordance with the following provisions of this article.
(3) There shall be a Supreme Judicial Council, in this article referred to as the council, which shall consist of the Chief Justice of Bangladesh, and the two next senior Judges:
Provided that if, at any time, the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or other cause, the Judge who is next in seniority to those who are members of the Council shall act as such member.
(4) The function of the Council shall be–
(a) to prescribe a Code of Conduct to be observed by the Judges; and
(b) to inquire into the capacity or conduct of a Judge or of any other functionary who is not removable from office except in like manner as a Judge.
(5) Where, upon any information received from the Council or from any other source, the President has reason to apprehend that a Judge-
(a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or
(b) may have been guilty of gross misconduct, the President may direct the Council inquire into the matter and report its finding.
(6) If, after making the inquiry, the Council reports to the President that in its opinion the Judge has ceased to be capable of properly performing the functions of his office or has been guilty of gross misconduct, the President shall, by order, remove the Judge from office.
(7) For the purpose of an inquiry under this article, the Council shall regulate its procedure and shall have, in respect of issue and execution of processes, the same power as the Supreme Court.
(8) A Judge may resign his office by writing under his hand addressed to the President." Emphasised by me
International Standards
Article 70 of the Constitution
Article 116 of the Constitution
To be continued
[i] Syed Shahidur Rahman_AD-16 Sep '15 Code of Conduct