New law in the offing to appoint HC judges: Law Minister

The government is working on enacting a law for appointment of high court judges and it will be landed in Parliament within a few days.

Law Minister Anisul Huq made the announcement while replying to opposition Jatiya Party and Gonoforum MPs during discussion on the passage of the 'Bangladesh Supreme Court Judges (Leave, Pension and Privileges) Bill-2023.”

During participation on the passage of the Bill, JP and Gonoforum MPs demanded that the government enacts a much-desired law on the appointment of judges at the higher court.

Gonoforum MP elected from Sylhet, Mokabbir Khan, said according to the Constitution, the president now appoints judges to the High Court.

“In the case of appointment of judges, disqualification is mentioned, but eligibility criteria are not mentioned. In this case, if a specific law is made for the appointment of judges, there will be no opportunity to question the appointment,” he said.

JP MP elected from Sunamganj, Pir Fazlur Rahman, said that there was no law on the appointment of an Election Commissioner.

“Last year this law was passed, and a new Election Commission was formed based on the law.”

Similarly, he said, the appointment of the High Court Judges was also supposed to be enacted. But it hasn't happened yet.

“In many cases, appointments are made on political consideration,” he added.

Fakhrul Imam, another JP MP elected from Mymensingh, also made the same demand.

Later, Law Minister Anisul Haq said he can assure that the government is working to enact a law on the appointment of judges.

“I will be able to place the Bill in this regard within a few days,” he also said.
The HC judges are now being appointed as per article 95(2) of the Constitution.

The Article says the candidate must be a citizen of Bangladesh and have the experience of practising as a Supreme Court advocate for at least 10 years; or have held judicial office in Bangladesh for at least 10 years; or have such qualifications as may be prescribed by law for appointment as a judge of the High Court.

Different quarters have long been demanding a guideline to bring transparency and competitiveness in the recruitment process.