Abstract

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.

This work was previously published on International Journal of Law and Social Sciences (IJLS).