It is a coincidence that Supreme Courts of Pakistan and Bangladesh asserted their jurisdiction and powers simultaneously in the month of July 2017 striping the ruling parties of much of their unbridled authorities, corruption and stick method of governance.
Whereas the Apex Court of Pakistan has sent Nawaz Sharif home disqualifying him under Article 62(1)(F) to hold public office as not being 'Sadiq and Ameen', the Supreme Court of Bangladesh has crapped 16th Amendment to the constitution to strip parliament of its powers to impeach the apex court's judges. Political analysts say this is a great set back to the ruling party PML-N in Pakistan and AWAMI League in Bangladesh setting in motion conflicts between state institutions and uncertainty in the two countries.
The Pakistan Supreme Court's verdict has brought to light the growing tension in the PML-N camp against the superior courts as it is arranging a big welcome for former Prime Minister Nawaz Sharif on his arrival in Lahore on Sunday to demonstrate that despite the courts judgment, Nawaz Sharif lives in hearts of the people and is the true ruler of Pakistan.
Nawaz Sharif will pass through his constituency NA-120 Lahore, starting from Ravi Road to Data Darbar in a big procession. More than 8000 policemen have been deployed on his security. Political observers say that as the National Accountability Bureau (NAB) is to file references against Nawaz Sharif, his two sons, daughter and son-in-law soon, in the NAB court and a Judge of the Supreme Court has been nominated to monitor the proceedings, Nawaz Sharif will go to any extent to thwart the court process.
Reports from Dhaka say that the Supreme Court's decision to strip the Awami League (AL) government's authority to discipline judges is setting the stage for a clash that would pose risks to the country's legal and regulatory systems. The government is concerned that the scrapping of the 16th amendment will undermine parliament's authority. However, the Bangladesh Nationalist Party, the unofficial opposition, has lauded the Supreme Court's verdict on the grounds that it will eliminate any possibility of the top court's judges being manipulated by the legislature.
It may be added that the 16th amendment to the constitution, passed in 2014, empowered members of parliament (MPs) to impeach Supreme Court judges on the grounds of incapacity or misconduct. In 2016 the High Court declared the 16th amendment to be illegal, a verdict that has now been upheld by the appellate division of the Bangladesh Supreme Court.
This is not the first time that the country has faced the question of how to supervise its top judges. Bangladesh's original constitution, drafted in 1972, gave MPs the power to impeach Supreme Court judges. Following amendments in 1975 and 1978, this authority was transferred first to the president and then to a Supreme Judicial Council (as in Pakistan). The most recent verdict of the Supreme Court would return the power of disciplining the court's judges to this council.
It may be recalled that in 2016 the High Court, while delivering verdict, outlined the importance of the separation of the judiciary from the legislature for an efficient legal system. In Bangladesh, a high incidence of corruption, especially in the lower courts has rendered the legal system inefficient. In analysts' view, by stripping parliament of its powers to impeach judges, the country has made a welcome move towards depoliticising the legal system.
This should increase public confidence in the system. However, we do not expect the rule of law to improve significantly; the legal system will remain inefficient, with regulations being enforced inconsistently. Bangladesh political analysts say that although the strains between the judiciary and the AL are not new, the latest verdict will add to the tensions.