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News<br />

FRIDAY,<br />

3<br />

AUGUST <strong>18</strong>, <strong>2017</strong><br />

DT<br />

Trump’s crisis spurs talk of White House<br />

departures<br />

• Reuters, New York<br />

WORLD <br />

US President Donald Trump’s<br />

turnabout on the violence in Charlottesville,<br />

Virginia has rocked his<br />

administration, leading to rising<br />

speculation that some top officials<br />

may be looking for a way out.<br />

A parade of business executives<br />

broke ties with Trump on Wednesday,<br />

a day after he blamed white<br />

nationalists and counter-protesters<br />

in equal measure for the weekend<br />

clashes that left one woman dead.<br />

Now, frustrated aides could be<br />

next. Trump’s remarks have left<br />

some wondering if sticking by the<br />

president comes at too high a cost<br />

to their reputations.<br />

It was hoped that retired General<br />

John Kelly, Trump’s new chief<br />

of staff, could impose some form of<br />

discipline on Trump that his predecessor,<br />

Reince Priebus, could not.<br />

But Kelly stood with his eyes<br />

fixed on the floor when Trump<br />

veered off-script at his Manhattan<br />

office tower on Tuesday. The president<br />

accused the protesters, who<br />

16th Amendment debate: Here is what you need to know<br />

• Tribune Desk<br />

JUDICIARY <br />

The Supreme Court’s decision to scrap<br />

the 16th Amendment to the constitution,<br />

nullifying parliament’s power to remove<br />

sitting judges, has given rise to a heated<br />

debate about the respective powers of<br />

the judiciary and the legislature. The apex<br />

court’s observations on Bangladesh’s history<br />

and politics have also drawn protests<br />

from government ministers. Here we<br />

explain the main points of contention.<br />

What is the 16th Amendment?<br />

The 16th Amendment to the constitution<br />

— passed on September 17, 2014—<br />

empowered parliament to remove<br />

judges of the Supreme Court for their<br />

incompetence or misconduct based on<br />

a two-thirds majority.<br />

Ministers said the amendment harked<br />

back to the first constitution, drawn up<br />

in 1972, which bestowed on members of<br />

parliament the right to impeach judges.<br />

That power was transferred to the president<br />

following the fourth Amendment<br />

to the constitution in 1975. Later, the fifth<br />

Amendment, brought in during military<br />

ruler Ziaur Rahman’s regime, legalised the<br />

formation of a Supreme Judicial Council<br />

(SJC) to impeach judges.<br />

Why it was declared illegal<br />

In light of the State vs Masdar Hossain<br />

US citizens residing in Argentina hold anti-Trump signs as they protest outside the US Embassy against a visit by US Vice<br />

President Mike Pence in Buenos Aires, Argentina on <strong>August</strong> 15, <strong>2017</strong><br />

REUTERS<br />

rallied against neo-Nazi and white<br />

supremacist groups in Charlottesville,<br />

of being “very, very violent.”<br />

In the uproar that followed,<br />

chief executives at companies such<br />

as Merck & Co Inc, Under Armour<br />

case verdict, the judiciary was separated<br />

from the executive and legislative<br />

organs on November 1, 2007.<br />

The Supreme Court scrapped the<br />

16th Amendment on the ground that it<br />

undermined the independence of the<br />

judiciary. Nullifying parliament’s power<br />

to remove judges, the apex court reinstated<br />

the Supreme Judicial Council for<br />

the removal of errant judges.<br />

“Neither individual judges nor the<br />

judiciary should be accountable to the<br />

executive,” according to the verdict.<br />

Who will remove judges now?<br />

In its ruling, the apex court said the power<br />

of impeachment was now automatically<br />

transferred to the Supreme Judicial<br />

Council since the 16th Amendment<br />

was void. The SJC was a much more<br />

transparent process, the seven-member<br />

bench said in its verdict. Disagreeing<br />

with the court, Law Minister Anisul Huq<br />

claimed: “A court cannot make a law or<br />

order retention of its earlier version. It<br />

can only define the law.”<br />

Why is the government unhappy?<br />

Ruling party lawmakers are dissatisfied<br />

with the verdict because they think the<br />

legislature in a parliamentary democracy<br />

should have more authority compared<br />

to the judiciary. Secondly, the present<br />

Awami League-led government feels<br />

that the image of Father of the Nation<br />

Bangabandhu Sheikh Mujibur Rahman<br />

Inc, Intel Corp, Campbell Soup Co<br />

and 3M Co quit advisory councils<br />

to the White House. Trump then<br />

dissolved the councils.<br />

The exodus of executives<br />

sparked talk that Gary Cohn,<br />

was “undermined” through the Supreme<br />

Court observation that “No nation, no<br />

country is made of or by one person.”<br />

What does the verdict say about<br />

Bangladesh’s history?<br />

“If we want to truly live up to the dream<br />

of Sonar Bangla as advocated by our<br />

Father of the Nation, we must keep<br />

ourselves free from this suicidal mindset<br />

and addiction to ‘I alone’, that only one<br />

person or one man did all this,” Chief<br />

Justice Surendra Kumar Sinha said in his<br />

observation on the verdict.<br />

He also remarked on the state of<br />

politics, martial law, Election Commission,<br />

corruption and independence of<br />

the judiciary.<br />

“Now power, not merit, tends to control<br />

all public institutions of the country.<br />

It is an irony that while unflinching<br />

determination and indomitable spirit<br />

enabled us to free a country from the<br />

clutches of a military power, we have<br />

been measurably defeated by ourselves<br />

in that very free country,” it said.<br />

Criticising the last two martial law<br />

regimes, the court observed: “After<br />

independence, unholy alliances<br />

of power-mongers reduced this country<br />

to a banana republic twice. They bluffed<br />

and hoodwinked the people to legitimise<br />

their illegal exercise of power.”<br />

What will the government do?<br />

Asked about the government’s stand,<br />

Trump’s top White House economic<br />

adviser and a key liaison to the<br />

US business community, might resign<br />

in protest as well.<br />

David Shulkin, US secretary of<br />

Veterans Affairs, told reporters on<br />

Law Minister Anisul Huq said they<br />

would likely seek a review to get “objectionable<br />

and irrelevant” statements,<br />

particularly political observations<br />

made by Chief Justice in the judgment,<br />

expunged. He also hinted at further<br />

amending the constitution, if deemed<br />

necessary, in the future.<br />

What BNP says<br />

In its immediate reaction, Bangladesh<br />

Nationalist Party, or BNP, termed the<br />

judgment historic, saying it aptly highlighted<br />

the prevailing political scenario in<br />

the country. The government has taken<br />

the judiciary as its opponent, it said.<br />

Coming down hard on the law<br />

minister and Awami League leaders for<br />

criticising the judgment, BNP Secretary<br />

General Mirza Fakhrul Islam Alamgir<br />

said: It is the law minister’s duty to implement<br />

the verdict, not to take a stand<br />

against the judiciary. By slamming the<br />

verdict, he [Anisul Huq] deviated from<br />

his moral duties for political expediency.”<br />

Why the judiciary and the<br />

executive are at loggerheads<br />

The ongoing row between the two<br />

organs has resulted from disagreement<br />

over the issue of the judiciary’s<br />

separation. Both the chief justice and<br />

ministers frequently exchanged heated<br />

words over the formulation of a code of<br />

conduct for lower court judges. Added<br />

to that is the apex court’s refusal to<br />

Wednesday that as a Jewish American,<br />

he was “outraged” by neo-Nazis<br />

and other white supremacist<br />

groups and felt obligated to speak<br />

out against them.<br />

Steve Bannon, a White House<br />

senior adviser with close ties to<br />

far-right groups, told the American<br />

Prospect in an interview published<br />

Wednesday that he constantly<br />

butts heads with Cohn over issues<br />

such as trade with China. “That’s<br />

a fight I fight every day here,” Bannon<br />

said.<br />

Cowan and Company, a financial<br />

services firm, said on Wednesday<br />

that the departure of the pragmatic<br />

and business-friendly Cohn could<br />

adversely affect markets.<br />

Trump thinks highly of Cohn<br />

and has spoken often of the financial<br />

sacrifices he made to leave<br />

Goldman to join the administration.<br />

He is widely considered to<br />

be a leading candidate to chair the<br />

US Federal Reserve should Trump<br />

choose not to retain Janet Yellen.<br />

That decision would insulate<br />

Cohn from the day-to-day drama of<br />

the Trump White House, but likely<br />

is months away. •<br />

accept a draft of the code of conduct<br />

submitted recently by the government.<br />

During court proceedings, government<br />

officials raised objections against<br />

what they saw as ‘political comments’<br />

by the Chief Justice.<br />

Chief Justice SK Sinha in his reply said<br />

he would continue to speak out for the<br />

sake of the welfare of the judiciary even if<br />

critics described these as political remarks.<br />

Political implications<br />

The verdict came at a time when the<br />

Pakistan Supreme Court declared the<br />

country’s Prime Minister Nawaz Sharif<br />

unfit for office. Sharif stepped down as<br />

premier of Pakistan, complying with<br />

the judgment.<br />

Leaders of the ruling Awami League<br />

in Bangladesh are concerned about<br />

what they see as judicial overreach in<br />

the 16th Amendment verdict. They<br />

also fear that the court may make more<br />

such moves in the future.<br />

However, Chief Justice Sinha urged<br />

everyone not to play any political<br />

games over the verdict.<br />

“The court will welcome constructive<br />

criticism, but its judges should not<br />

fall into the trap laid by the government<br />

or the opposition,” he said.<br />

When will Sinha retire?<br />

SK Sinha took office as chief justice<br />

on January 17, 2015 and will retire in<br />

January, 20<strong>18</strong>. •

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