‘Dual rule’ in judiciary: Law minister contradicts CJ

Law Minister Anisul Huq today contradicted with the statement made by Chief Justice Surendra Kumar Sinha on "dual rule" in judiciary.

The comment of the chief justice for restoration of Article 116 of the 1972 constitution is self-contradictory, Minister Anisul said. 

Chief Justice Sinha yesterday blamed the "dual rule" for hampering the judicial work and for increasing the litigants' sufferings, and sought restoration of the Supreme Court's full control over the lower courts to bring an end to the present situation.

The original article 116 of the 1972 constitution had given the Supreme Court power over the lower courts. The apex court had the power to control lower court judge's postings, promotions and grant of leave. It could also discipline people employed in the judicial service, and had control over the magistrates' exercise of judicial power.

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The High Court had scrapped 16th amendment to the constitution restoring article 96 of the 1972 constitution that empowered the parliament to remove a SC judge for his incapacity or misbehavior, the law minister said.

On the other hand, the chief justice sought restoration of article 116 of 1972 constitution, Anisul Huq added while addressing a press briefing at his secretariat office.

Minister Anisul however said the government can bring change or modification to the 116 article of the constitution for the sake of independence of the judiciary if it is necessary.