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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>. •