Mr. Mahbubey Alam, and Mr. Murad Reza submitted
that the Sixteenth Amendment will not in any way
curtail the independence of judiciary; rather this
amendment has restored the original article 96. They
add that the constitution is for the people so it
should meet the needs of the people, and therefore,
it upholds the rule of law. In elaborating their
submissions, they argue that article 7 provides that
all powers belong to the people and obviously it
includes
all
the
institutions
including
the
judiciary, and therefore, the natural consequence is
that
all
institutions
and
all
its’
functionaries
whoever they might be, are answerable and accountable
to the people. If any one denies this fact, it is his
apprehension, but the independence of judiciary being
a basic feature of the constitution, this amendment
will
secure
the
independence
of
judiciary.
They
further add that the sovereignty of the people is
also a basic feature of the constitution, which is
superior most amongst all basic features, inasmuch
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