Court Correspondent :
The Appellate Division on Tuesday fixed May 21 for next hearing on 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 judge.
A five-member bench of the Appellate Division headed by Chief Justice SK Sinha fixed the date after hearing on the appeal for the second day.
Earlier, the apex court bench rejected a petition of Attorney General Mahbubey Alam seeking two weeks’ time.
However, a heated debate took place between Chief Justice SK Sinha and Attorney General Mahbubey Alam after the apex court had rejected the time petition. On Monday, the Appellate Division started the hearing on the appeal.
On February 8, the Supreme Court appointed 12 senior jurists as amicus curiae (friends of court) for having their opinions over the legality of the 16th Amendment of the Constitution.
On September 17, 2014, the Parliament passed the ‘Constitution (16th Amendment) Bill, 2014’ by 327-0 votes as the Speaker put it in the division vote, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
On November 5, 2014, nine Supreme Court lawyers filed a writ petition with the High Court Division challenging the validity of the Amendment. On May 5 last year, the High Court declared the 16th Amendment to the Constitution illegal. Later, on January 4, the government lodged the appeal questioning the High Court decision.
The Constitution, drafted in 1972, had given the Members of Parliament authority to impeach the judges and decide their term in office. But after the Fourth Amendment in 1975, the authority was given to the President.
