As protector of the Constitution, Supreme Court is over and above the Parliament as watchdog, said Barrister Mainul Hosein, former Adviser of the caretaker government, at a television talk-show on Channel-i on Thursday. If parliament passes a law or amends the Constitution, it is the Supreme Court that decides if it is illegal or unconstitutional in the context of the constitutionality and illegality of the matter.
Other discussant was former Chairman of Public Service Commission and Cabinet Secretary Dr Saadat Hossain. His view is that a supreme body is necessary as nobody should be judge of his own cause. But till such an idea is crystallized the present system should be accepted. The talk-show was moderated by Senior Journalist Mr Zillur Rahman.
Barrister Mainul reminded the Members of the Parliament that they are under the Constitution and must respect the constitutional limitations of their power. They are not for trying the judges and keep the judges under fear. Nowhere a one-house parliament under the control of the government is vested with the power of impeaching the judges. Because in such a case the judiciary will not be independent of the government.
Barrister Mainul explained that the judiciary is for upholding and protecting the supremacy of the Constitution. It has been proved that Members of the Parliament cannot be trusted with the power of protecting the Constitution. Once they had even established one-party rule throwing away the entire Constitution.
He went on, in India a committee is formed with two judges and one jurist to decide if a judge is guilty of the offence alleged. Thereafter both the houses decide if the judge will be impeached. The impeachment is not working in India. The Supreme Court has evolved an in-house arraignment of judges to ask a judge to resign.
Barrister Hosein advised the Members of the Parliament to mind their own business of establishing good governance and security in public life. We have a broken government and nobody, even the Members of the Parliament feels secure. The government by being too much dependent on police power is weakening its own position to govern.
Instead of fighting for power over the judges let the MPs go to the flood affected people who are floating on water and sufferings miserably for want of help and care, he added.
