126
as, the people do not belong to the judiciary- the
judiciary
belongs
to
the
people,
and
therefore,
Judiciary is answerable to the people.
Mr. Ajmalul Hossain while supporting the above
submissions adds that the procedure or mechanism by
which Judges of the higher judiciary can be removed
depends upon a fundamental question about what the
procedure and mechanism is. According to him, the
procedure
and
Legislature.
natural
He
justice
mechanism
must
further
adds
raises
the
be
that
made
the
basic
by
the
rules
of
indisputable
question— “can the judiciary be a Judge of his own
cause?” and since the judiciary has an interest in
the matter, it cannot be left with the judiciary. He
further
submits
that
this
amendment
has
simply
brought the constitution to its original provision as
was proposed by the Constituent Assembly in 1972. He
finally submits that which body should be responsible
for removal process and what safeguards such bodies
would adopt to ensure fairness should be addressed by
Parliament in the first instance as it is the body
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