REMOVAL OF JUDGES OF THE HIGHER JUDICIARY: A COMPARATIVE STUDY BETWEEN BANGLADESH AND INDIA

Abstract
A democracy without the proper distribution of powers
among the organs cannot be defined as a welfare state.
Judiciary plays a significant prolegomenon as this organ
is the guardian of the Supreme law in most of the constitutional
democratic countries. Judges should be free
from all sorts of pressure when discharging their duties.
This paper has emphasized the judge’s removal procedure
in Bangladesh and India and has tried to analyze
the provisions regarding judges’ removal. In the case
of the judge’s removal procedure in Bangladesh, the
reader can find expert opinions regarding this issue as
to how a judge of the apex court can be removed as the
Appellate Division has declared the 16th amendment of
the Constitution void, illegal and ultra-vires the Constitution.
In case of India, provisions regarding judges’
removal are critically analyzed and the reader can see
as to why not a single judge is removed in the history
of India. This paper has endeavored to show the Provisions
of judges’ removal in the light of Separation of
power and Judicial Independence theory and practical
scenario in Bangladesh and India. It has also compared
the two legal systems regarding judges’ removal. Lastly,
this research has found out the major problems and has
proposed some possible recommendations.