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2014 Int'l Rev. L. 1 (2014)

handle is hein.journals/inrevla2014 and id is 1 raw text is: PhD Candidate & Sessional Academic, Macquarie Law School, Macquarie University, Australia *Email: m-ehteshamul.bari@ studenits.mq.edu.au http://dx.doi.org/ 10-5339/irl.2014.1 Submitted: 21 February 2013 Accepted: 13 May 2013 @ 2014 Ehteshamu Bari, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution License CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. CIEACE.com Member of Quar fiiwdation INTERNATIONAL REVIEW OF LAW.! esearch article The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent judicial Commission M. Ehteshamul Bari* ABSTRACT In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary. Keywords: substantive independence of the judiciary, Supreme Judicial Commission of Bangladesh, patronage appointments

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