assignment on judicial system of bangladesh

The judicial system of Bangladesh: An overview from historical viewpoint

• February 2011
• International Journal of Law and Management 53(1):6-31

• University of Rajshahi

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The Legal System of the Peoples’ Republic of Bangladesh

By Mohammad Ershadul Karim

Dr. Mohammad Ershadul Karim is a Senior Lecturer at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia and a non-practicing lawyer enrolled with Bangladesh Supreme Court.

Published November/December 2023

(Previously updated by Omar Sial & Md. Ershadul Karim in June 2010 ; by Md. Ershadul Karim in April 2013 , May 2016 , and in July/August 2018 )

See the Archive Version!

Table of Contents

1. background, 2. location and geography, 3. constitution, 4. constitutional status of islamic law, 5. government, 6. parliament – the house of the nation, the jatiya sangsad, 7. law making process, 8. legal system of bangladesh, 9. codification of laws, 10. bangladesh gazette, 11.1. the supreme court of bangladesh, 11.2.1. civil courts, 11.2.2. criminal courts, 12. bangladesh judicial service commission & judicial administration training institute, 13. law reports, 14. legal profession in bangladesh, 15. bangladesh law commission, 16. arbitration law in bangladesh, 17. intellectual property law, 18. legal education, 19. legal research, 20. law libraries, 21. other related important websites.

Bangladesh is officially known as the Peoples’ Republic of Bangladesh ( Article 1, the Constitution of the People’s Republic of Bangladesh, 1972 ). Being a part of the ancient Indian subcontinent, the history of Bangladesh is as old as the history of both India until 1947 and Pakistan until 1971. Bangladesh became independent on March 26, 1971, under the name Bangladesh, meaning the “land of Bengal” or “Country of Bengals”. Bangladesh seceded from Pakistan on December 16, 1971, when Pakistani troops in East Pakistan surrendered to a joint command of Bangladesh and India. The historic speech containing the Declaration of Independence on March 7, 1971 by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman has recently been listed as documentary heritage by the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

Though Bangla, the national language in Bangladesh, is the seventh most common language with speakers from some Indian states of West Bengal, Assam and Tripura, the citizens of independent Bangladesh, known as Bangladeshis, are very proud of their Bangla language. When the present Bangladesh was part of Pakistan (East Pakistan), the rulers based in the then-West Pakistan (present Pakistan) declared Urdu as the only state language. Masses of people protested the decision and on February 21, 1952, some students sacrificed their lives and hundreds were injured to establish Bangla as the state language. Since then, the day has been being celebrated as ‘Language Martyrs’ Day’. Thus, Bangla is the only language in the world for which people sacrificed their lives. To represent the event, the UNESCO has observed International Mother Language Day on February 21, every year since 2000.

Three sites, i.e., the historic Mosque in the City of Bagerhat, ruins of the Buddhist Vihara at Paharpur and the Sundarbans, largest ever mangrove forest in the world are listed in the UNESCO World Heritage list . Seven other sites are included in the organization’s tentative list: Archaeological Sites on the Deltaic Landscape of Bangladesh, Archaeological Sites of Lalmai-Mainamati, Cultural Landscape of Mahasthan and Karatoya River, Mughal Mosques in Bangladesh, Mughal and Colonial Temples of Bangladesh, the Architectural Works of Muzharul Islam: an Outstanding Contribution to the Modern Movement in South Asia, and Mughal Forts on Fluvial Terrains in Dhaka.

Bangladesh is the second largest Muslim state with 165 million people. The country is now recognized as a model for the world because of its number of achievements nationally and internationally. It is the second largest exporter of the readymade garments in the world after China, the second largest jute producer after India, fourth largest inland freshwater fish producer, with 3.7 million tonnes of vegetables in a year it is third fastest vegetable producer after China and India and eighth largest producer of mango in the world. United Nation’s Food and Agricultural Organisation expected Bangladesh to be the world’s fourth largest rice producer in 2017. The country is becoming a major player in pharmaceutical sector with 20% growth and exports medicines to 100 countries because of patent exemption requirements till 2032. It supplies the second highest number of online workers , after India.

From being the largest least developed country in terms of population and economic size, the country is in the right direction to attain the status of developing country because of her remarkable progress in poverty reduction and human development even with daunting challenges. Bangladesh reached the World Bank’s lower-middle income status in 2015 and is on track to graduate from the list of the United Nation’s least developed countries in 2026. The country, after successfully meeting several targets of Millennium Development Goals, e.g., reduction of poverty gap ratio, attainment of gender parity at primary and secondary education, and reduction of mortality rate of below five years age, etc., has committed to implement the Sustainable Development Goals of the United Nations.

The government functions and activities are run by 58 ministries and divisions along with 353 departments. There are four levels in the local government administration and the country is divided into eight divisions and 64 districts, 495 upazillas , and 4554 union parishard .

For Bangladesh National Portal, visit here Bangla , English .

Bangladesh lies in the northeastern part of the Indian subcontinent—which is located in southern Asia. With more than 900 rivers including tributaries, Bangladesh is known as the land of rivers and had some of the most confusing territories on the planet. Bangladesh is almost completely surrounded by India, except for a short frontier with Myanmar in the southeast and a coastline along the Bay of Bengal in the south. Bangladesh, with 95 to 119 enclaves (known as Chitmahals ) inside India, had the second largest numbers of enclaves in the world after India. Until August 1, 2015 when Bangladesh and India formally exchanged 162 enclaves, this situation was portrayed as the ‘ world’s craziest border ’ or ‘ the weirdest border dispute in the world’ .

Read an article on Bangladesh and India enclave exchange at the Migration Policy Institute .

The country consists mainly of the deltaic plains of the Ganges and Brahamaputra rivers and a small portion of the country bordering Myanmar. The 120km beach in Cox’s Bazar located in the southern part of the country on the Bay of Bengal is the longest unbroken stretch sea beach in the world. Bangladesh has an area of 55,598 square miles (143,998 sq. km). It is one of the most densely populated areas in the world. Dhaka, with a history of more than four hundred years as the capital of the then-Bengal, is the national capital and the largest city.

The Constitution of Bangladesh was adopted on November 4, 1972, and has undergone 16 amendments to date. Originally the Constitution provided for a parliamentary form of government. However, the Constitution was thoroughly amended by the Fourth Amendment to the Constitution in 1975 and a Presidential form of government was introduced. Major changes were further introduced in the Constitution by the Fifth, Seventh and Eighth Amendments; and the Twelfth Amendment to the Constitution brought back the original Parliamentary form of government. However, very recently, the Supreme Court declared the Fifth, Seventh and Thirteenth Amendments to the Constitution illegal. Consequently, as after being inspired by the order of the Supreme Court, the Parliament of Bangladesh, through the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), revised the whole Constitution significantly.

Women’s rights and the principles of gender equality come under the Fundamental Principles of State Policy and are protected by Article 10, i.e., participation of women in national life as well as under Articles 26 to 29 of the Part on Fundamental Rights, affirming equality of all citizens before the law. Rights of minority groups have been protected by Article 41, which reiterates that religions may be practiced in peace and harmony (subject to law, public order and morality).

• Constitution of Bangladesh 1972
• Article on the Constitutional Amendments in Banglapedia , National Encyclopedia of Bangladesh
• Historic judgment on the Fifth Amendment to the Constitution of Bangladesh
• Historic judgment on the Seventh Amendment to the Constitution of Bangladesh
• Historic judgment on the Sixteenth Amendment to the Constitution of Bangladesh

The constitutional status of religion in Bangladesh is ambiguous. While Article 41 to the Constitution of Bangladesh, 1972 recognises the freedom of religion subject to law, public order and morality, Article 2A to the Constitution of Bangladesh, 1972 was amended in 2011 through the provisions of the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), which provides that the state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions. Interestingly, the Fifteenth Amendment to the Constitution has also amended the provisions on ‘secularism’. The Preamble to the Constitution has acknowledged that the high ideals of nationalism, socialism, democracy, and secularism inspired our heroic people to dedicate themselves and our brave martyrs to sacrifice their lives in the national liberation struggle and these shall be the fundamental principles of the Constitution. Secularism is also included as one of the fundamental principles of state policy in article 8(1) of the Bangladesh Constitution . Finally, an attempt has been made to clarify the relationship between secularism and freedom of religion in article 12 of the Bangladesh Constitution, 1972 . It states, “The principle of secularism shall be realised by the elimination of – (a) communalism in all its forms; (b) the granting by the State of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or persecution of, persons practicing a particular religion.”

While the Government generally respects this provision in practice, religion exerts a powerful influence on politics, and the Government is sensitive to the Muslim consciousness of its political allies and the majority of its citizens. Citizens generally are free to practice the religion of their choice; however, policies are normally ineffective in upholding law and order and are often slow to assist members of religious minorities who have been victims of crimes. Although the Government states that acts of violence against members of religious minority groups are politically or economically motivated and cannot be solely attributed to religion, human rights activists reported an increase in religiously motivated violence.

The President, while the Head of State ( article 48(2), the Bangladesh Constitution, 1972 ), holds largely a ceremonial post to appoint the Prime Minister and the Chief Justice ( articles 56 and 95, the Bangladesh Constitution, 1972 ); the real power is held by the Prime Minister, who is the Head of Government. The President is elected by the legislature (Members of Parliament) for five years ( Articles 48(1) and 50, the Bangladesh Constitution, 1972 ). The President’s circumscribed powers were substantially expanded during the tenure of a Caretaker Government, which is now repealed by the provisions of the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011). Under the Thirteenth Amendment to the Constitution, which the Parliament passed in March 1996, a Caretaker Government assumed power temporarily to oversee general elections after dissolution of the Parliament. In the Caretaker Government system, the President had control over the Ministry of Defense, the authority to declare a state of emergency, and the power to dismiss the Chief Adviser and other members of the Caretaker Government. Once a national election was held and a new government and Parliament were in place, the President’s powers and position revert to their largely ceremonial role.

Read the article on Caretaker Government in Banglapedia , National Encyclopedia of Bangladesh. Read the Appellate Division Judgement declaring the Constitution (Thirteenth Amendment) Act, 1996 (Act 1 of 1996) void [a large portion of the text is in Bangla language].

The Prime Minister, appointed by the President ( Articles 48 (3) and 56(3), the Constitution of Bangladesh, 1972 ), must be a Member of Parliament (MP) whom the President feels has the confidence of the majority of other MPs ( Article 56 (3), the Bangladesh Constitution, 1972 ). The Cabinet is composed of Ministers selected by the Prime Minister and appointed by the President. At least 90% of the Ministers must be MPs. The other 10% may be non-MP experts, or “technocrats”, who are not otherwise disqualified from being elected MPs. According to the Constitution, the president can dissolve the Parliament upon the written request of the Prime Minister ( Article 57 (2), the Bangladesh Constitution, 1972 ).

Find more information about the President of Bangladesh and the Prime Minister’s Office .

The legislature is a unicameral, 300-seat body. All its members are elected by universal suffrage at least every five years. Parliament amended the Constitution in 2011, making a provision for adding 50 seats reserved for women and to be distributed among political parties in proportion to their numerical strength in Parliament ( Article 65(3), the Constitution of Bangladesh, 1972 ).

All citizens of Bangladesh of and above the age of 18 and of sound mind, resident of a constituency and not convicted of any offence under the Bangladesh Collaborates (Special Tribunal) Order, 1972 , who have registered themselves as voters ( Article 122, the Constitution of Bangladesh, 1972 ), form the electorate. Each constituency elects one Member of Parliament on the basis of direct election. All citizens of Bangladesh who have attained the age of 25 is qualified to be elected in the Parliament. Those disqualified include the insane, un-discharged bankrupts, persons who on conviction for a criminal offence involving moral turpitude who have been sentenced to imprisonment for not less than two years unless five years have elapsed since their release, persons owing allegiance to a foreign state, and persons holding an office of profit in the service of the Republic ( Article 66 (2), the Constitution of Bangladesh, 1972 ).

A general election for a new Parliament takes place on the same day in all constituencies. Depending on the size of a constituency and its total number of voters, several polling centres are set up with arrangements for voters to exercise their franchise freely, peacefully and in secrecy. Polling officials in each centre—in the presence of candidates or their nominees—count votes. The result is sent to the Returning Officer in sealed covers together with ballot papers. The Returning Officer, generally the Deputy Commissioner of the district, communicates the result of each constituency to the Election Commission after he has compiled the results in the presence of the candidates or their authorised representatives. Unofficial results start being announced in various media from the evening of the Election Day. The Election Commission declares the result of the general election formally a few days later through the publication of the names of winning candidates in the official Bangladesh Gazette. Members-elect are administered an oath of office by the outgoing Speaker.

The Parliament of Bangladesh runs its business according to the Rules of Procedure . The Rules of Procedure contains detailed provisions as to Summoning, Prorogation and Dissolution of Parliament and Seating, Oath and Roll of Members, Election of the Speaker and Deputy Speaker and nomination of a Panel of Chairmen, Powers and functions of the Speaker and the Deputy Speaker, Sittings of the House, Arrangement of Business and Orders of the Day, President’s Address and Messages to and from the House, Questions and Short Notice Questions, Motion for adjournment on a matter of public importance, Discussion on matters of urgent public importance for short duration, Calling attention to matters of urgent public importance, Legislation, Amendment of the Constitution, Petitions, Procedure in Financial Matters, and all other issues necessary in order to run the business of the Parliament.

• For more detail on the Parliament of Bangladesh, visit the Parliament’s website .
• For more details on the Election Commission of Bangladesh (in Bangla), visit the Commission’s website .
• For more detail on election related important laws (in Bangla), visit the Bangladesh Election Commission website.

Article 80 of the Bangladesh Constitution, 1972 provides that every proposal in the Parliament for making a law shall be made in the form of a Bill and When a Bill is passed by the Parliament it shall be presented to the President for assent. The Parliament can make any law which is not inconsistent with the Constitution since any law inconsistent with the Constitution, to the extent of inconsistency, is void ( Article 7(2), the Constitution of Bangladesh, 1972 ). See the Legislative Process followed in Bangladesh Parliament . Read the Bangladesh Secretariat Instructions , 2014 [in Bangla].

As a English common law country, Bangladesh’s Supreme Court has the power not only to interpret the Constitution ( articles 103(2) (a) and 110, the Constitution of Bangladesh, 1972 ) and the laws made by the Parliament, but it can also declare them null and void when they are found inconsistent with any of the provisions of the Constitution and enforce fundamental rights of the citizens ( articles 7 (2) and 44, the Constitution of Bangladesh, 1972 ). Although founded on the English common law system, the laws of Bangladesh take a statutory form, which are enacted by the legislature and interpreted by the Supreme Court.

The word ‘law’ is defined in Article 152 of the Bangladesh Constitution, 1972 . It says that “law” means any Act, ordinance, order, rule, regulation, byelaw, notification, or other legal instrument, and any custom or usage, having the force of law in Bangladesh. Under this definition, the Act of Parliament, the Ordinance and President’s Orders are treated as primary legislation, whereas rules and regulations are considered as secondary legislation. It may be relevant to mention here that seven regulations which were enacted during the British time by the Governor-General in Council by virtue of the Regulating Act, 1773 were considered as primary legislation and were included in the Bangladesh Code. Bangladesh Law Commission commissioned studies and published two reports, report no. 109 (2011) and report no. 116 (2012), regarding the historical background and status of these regulations.

Besides, article 111 of the Constitution of Bangladesh, 1972 provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it. Therefore, the statutory laws, secondary legislation and judgment laws or precedent along with customs and usage all form the sources of law in Bangladesh.

There are strong legal obligations for the codification, translation, and publication of existing Bangladeshi laws. Section 6 of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act no. VIII of 1973) , provides that, “all Acts of Parliament, Ordinances and President’s Order in force in Bangladesh shall be printed in chronological order under the name and style of Bangladesh Code.”

The emergence of Bangladesh as an independent, sovereign country called for necessary amendments, adaptations, and the repeal of certain laws as well as the enactment of new laws and translation of laws into Bangla version to meet the changed and changing political, social and economic needs of the new country. Commensurate with this requirement, the Ministry of Law, Justice and Parliamentary Affairs started examining the existing laws for adaptation, codification and publication for said purposes. Accordingly, Bangladesh Code, Volumes I-XI were published containing the laws enacted between 1836 to 1938. But due to the lack of proper leadership, manpower, and sound organizational support, the process had proceeded no further. As a result, laws enacted after 1938 were kept scattered and unattended to, which used to create unbearable suffering to all people having interest in Bangladesh laws including lawyers, judges, students of laws, journalist and so on. Fortunately, during the political government led by BNP (2001-2006), with the support of the Canadian International Development Agency (CIDA), the Ministry of Law, Justice and Parliamentary Affairs started the codification of Bangladesh Code , which saw the light of the day during the tenure of Dr. Fokruddin Ahmed, who took the oath of office as Chief Adviser (Prime Minister) of the Caretaker Government of Bangladesh in 2007. This is undoubtedly a milestone in the legal history of Bangladesh. The oldest and the shortest (with only one section and without any preamble or long title) law as applicable in Bangladesh is the Districts Act, 1836 . However, as of today, no effective steps have been taken to compile the existing rules, regulations, by-laws, notifications, statutory orders, etc. in a single place like the Bangladesh Code .

Pertinent to mention here that though Bangla is the State language of Bangladesh (article 3, the Constitution of Bangladesh, 1972), even after the independence in 1971 till 1987 all laws were enacted in English and hence most of the educated people who are non-familiar with the technical legal terms remain ignorant of the provisions of law, let alone the position of illiterate people. In 1987, by the enactment of the Bangla Bhasha Procholon Ain , 1987 (Act No. 2 of 1987) [The Introduction of Bangla Language Act, 1987], it was provided that, from now on, all laws shall be enacted in Bangla. As a result, from then on, all laws have been enacted in Bangla with some exceptions where English authoritative translations of few laws are also made by the Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs. The list of some of these laws includes, inter alia , the Trademark Act, 2009, the Right to Information Act, 2009, the Money Laundering Prevention Act, 2012, etc. Similarly, some of the laws which were originally enacted in English were subsequently translated in Bangla. The list of some of these laws includes the Mines Act, 1923, the Census Order, 1972, the Administrative Tribunal Act, 1980, etc. Later on, the Government, with the help of United Nations Development Program (UNDP) has started, under its Access to Justice Project, the translation of the laws in Bangladesh Code. Once this Project is successfully completed, it can be anticipated that all laws of the land shall be bilingual and available in both Bangla and English.

Bangladesh Government Press widely known as BG Press is the lying-in house of Government Publications and for classified materials like Reports, Budget, Bills, Acts, Ordinances, Rules, Regulations, Statutory Orders, Resolutions, leaflets, Posters, etc. Synchronizing with the geo-political change and rearrangements those came on the map of this area BG Press has got its present infrastructure, manpower, technology back-up and product range. A good number of Presses established in different parts of British India including the East Bengal Government Press at Alipur, Calcutta (now Kolkata). During the partition of British India as an independent Government print-house of State it was temporarily shifted in the previous Central Jail, (Nazimuddin Road), Dhaka. It came into operation by 1948 with a few mounds of lead type-metal and two worm-out printing machines. Then in 1953 it was again shifted and permanently established at the present venue. By the year 1956 it was introduced as East Pakistan Government Press (EPGP) and then the manpower strength was 1400. After the emergence of Bangladesh as an independent country in 1971, the EPGP was renamed as Bangladesh Government Press (BG Press).

The Heidelberg Bangladesh Law Translation Project : This site contains the English translation of laws enacted in Bangla between 1985-1995. Although, the effort made should be welcomed, the translation of laws under this Project should not be considered as a proper legal translation, rather from the reading of the laws it appears that the translation of laws was either generated using computer software or done by people without sufficient knowledge on legal translation and legal drafting.

11. Judicial System

The Judiciary of Bangladesh consists of a Supreme Court, Subordinate Courts and Tribunals established under the provisions of different statutes.

The Supreme Court of Bangladesh is comprised of the Appellate Division and the High Court Division. It is the apex Court of the country; other Courts and Tribunals are subordinate to it. The Supreme Court has the jurisdiction to interpret the Constitution and other laws of the land and it is the guardian of the Constitution. The Constitution provides for detailed provisions as to the appointment, tenure, powers and functions of the judges of the Supreme Court.

The Appellate Division, the highest Court of Appeal, has the jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division, review its own judgments and orders. It has rule making power for regulating the practice and procedure of each Division and of any Court subordinate to it ( Article 103, the Constitution of Bangladesh, 1972 ). Under article 106 of the Constitution, 1972 , the Appellate Division, with the request of the President, has the power to give its opinion on a serious question of law having public importance.

The High Court Division has both appellate as well as original jurisdiction. It hears appeals from orders, decrees, and judgments of subordinate Courts and Tribunals. It has original jurisdiction to enforce the fundamental rights of the citizens upon Writ Applications under articles 44 and 102 of the Constitution . It has further original jurisdiction, inter alia , in respect to company and admiralty matters arising out of various statutes. The High Court Division, in special circumstances, also has powers and jurisdiction to hear and dispose of cases under article 110 of the Constitution and has control over all Courts and Tribunals subordinate to it. The Supreme Court is also a Court of Record and can try contempt cases ( article 108, the Constitution of Bangladesh, 1972 ). Visit the Supreme Court website for more information.

Find more details on History of Supreme Court of Bangladesh and Rules of the Supreme Court .

11.2. The Subordinate Courts and Tribunals

A wide variety of subordinate courts (69) and tribunals (8) have been created by various statutes. The powers, functions and jurisdictions of these courts and tribunals are also determined by respective statutes. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Apart from subordinate civil and criminal courts, there are also administrative appellate tribunals, the cyber tribunal, the labour appellate tribunal, etc.

The Civil Courts are created under the Civil Courts Act of 1887 (Act XII of 1887). According to section 3 of the Civil Courts Act, 1887 , there are following classes of Civil Courts, namely:

• Court of the District Judge
• Court of the Additional District Judge
• Court of the Joint District Judge
• Court of the Senior Assistant Judge
• Court of the Assistant Judge

From the list of the courts above, the three courts at the bottom are consider as the court of first instance having the powers, functions, and jurisdictions in respect to subject matter, territory and pecuniary value determined by or under statutes. The remaining two courts at the top are generally subordinate courts of Appeal in Civil matters. However, the court of District Judge functions, to a very limited extent, as a court of first instance.

The criminal court within the subordinate judiciary are established under section 6 of the Code of Criminal Procedure, 1898 (V of 1898) , which stipulates that there shall be the following categories of criminal courts:

• Courts of Sessions; and
• Courts of Magistrates.

Section 6 of the Code of Criminal Procedure, 1898 , further says that there shall be two classes of Magistrate, namely:

• Judicial Magistrate, and
• Executive Magistrate.

The Judicial Magistrates are classified into four categories, namely:

• Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas
• Magistrate of the first class, who shall in Metropolitan Area, be known as Metropolitan Magistrate
• Magistrate of the second class
• Magistrate of the third class

Pertinent to mention here that the words “Chief Metropolitan Magistrate” and “Chief judicial Magistrate” shall include “Additional Chief Metropolitan Magistrate” and “Additional Chief judicial Magistrate” respectively.

Among Executive Magistrates, there appear two Magistrates who are to be appointed by the Government as:

• District Magistrate,
• Additional District Magistrate.

Beside these criminal courts, the Government can appoint a person to work as a Special Magistrate to deal with cases situate generally in any local area outside a Metropolitan area. ( Section 12 of the Code of Criminal Procedure, 1898 ). For details on the jurisdiction of various courts, please see the Judicial Portal .

There are many other specialized courts and tribunals, which are established under the provisions of different statutes. For example, Environment Courts are established under the Environment Court Act, 2010 (in Bangla), Acid Crime Tribunals are established under the Acid Crime Control Act, 2002 (in Bangla), Labour courts are established under the Bangladesh Labour Act, 2006 (in Bangla), and Nari-O-Shishu Nirjatan Daman Tribunals established under the Nari-O-Shishu Nirjatan Daman Ain, 2000 (in Bangla), etc.

Apart from these subordinate courts, the Village Court Act, 2006 was enacted with the aim to establish village courts in the Union Parishads to resolve petty disputes and to provide wider access to dispute resolution services for rural people at the community level, as the formal justice system is overburdened with legal cases. This is not a new initiative; rather it was introduced by the colonial administration, and the current efforts are promoted by the international development partners.

There is a Judicial Service Commission, officially known as the Bangladesh Judicial Service Commission (BJSC) , was structured under the provisions of the Bangladesh Judicial Service Commission Rules, 2007. The BJSC is primarily responsible to assess the suitability of persons for appointments at the entry level of the Bangladesh Judicial Service and to conduct periodical examinations for probationer Assistant Judges/Judicial Magistrates.

The Judicial Administration Training Institute (JATI) was created by the Judicial Administration Training Institute Act, 1995, which provides for the establishment of a training institute, a statutory public authority in nature, to work as focal point for training of members of judicial service and certain other professional connected with the judicial system.

Being a common law country, the Constitution of Bangladesh provides that the law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it ( Article 111 of the Bangladesh Constitution, 1972 ). The Supreme Court declares the law by way of judgment, order and decisions, etc. These judgments, order and decisions are reported in different law reports. Therefore, these law reports play an important role in the study of law, legal research, and legal practices, etc.

In Bangladesh, the law reports are published according to the provisions of the Law Reports Act, 1875 . There are at least seven printed law reports now in Bangladesh, the most popular one is the Dhaka Law Reports (popularly known as DLR) which started its publication in 1948. Bangladesh Legal Decisions (BLD) is published under the authority of the Bangladesh Bar Council. The other law reports are Bangladesh Law Chronicles (BLC), Law Guardian (LG), the Lawyers (Appellate Division Cases/ ADC), Bangladesh Law Times (BLT), and the Mainstream Law Reports (MLR). Even after the establishment of the Supreme Court of Bangladesh in 1972, a law report was published for a few years under its supervision. But that did not continue for long. These Law Reports basically contain the judgments, orders and decisions of the Supreme Court of Bangladesh with some legal articles and statutes. It should be noted that some of the judgments delivered by the Appellate Division and High Court Division of the Supreme Court of Bangladesh are available on the website of the Supreme Court.

See some judgements delivered by the Appellate Division and the High Court Division . Supreme Court Online Bulletin (SCOB) is an online law report published by the Supreme Court of Bangladesh compiling important judgments from the Appellate Division and High Court Division.

Since 2008, Chancery Research and Consultants Trust (CRC-Trust), a socio-legal consulting group has maintained the first Bangladesh Online Case Law Database, the Chancery Law Chronicles . Exciting features of the website include judgments of the Appellate Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), glossary, explanation of Latin terms and phrases, abbreviations, directory of various categories of government organizations, Law Journal, blog, delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.

Bangladesh Bar Council , a statutory autonomous body constituted under the Bangladesh Legal Practitioners and Bar Council Order, 1972 (President’s Order No. 46 of 1972) is the central body to regulate different activities of legal profession including enrolment, professional misconduct etc. The Council is headed by the Attorney-General of Bangladesh and run by a committee of 15 members.

After passing out successfully in the enrolment examination conducted by the Bangladesh Bar Council, a candidate shall be known as advocate but needs to enroll himself/herself in one of the District Bar Associations of his choice to practice as a lawyer. There is a District Bar Association in every administrative district of the country. An association of lawyers in the Supreme Court is known as Bangladesh Supreme Court Bar Association .

The Attorney General of Bangladesh and other members from his team (Additional Attorney Generals, Deputy Attorney Generals and Assistant Attorney Generals), as appointed under article 64 of the Constitution of Bangladesh, 1972 and the Bangladesh Law Officers Order, 1972 represent the government in the Supreme Court. The office of Public Prosecutor and Government Pleaders represent the government in the subordinate courts. The Solicitor’s Office takes care of and monitors litigations by or against the government in different courts of the country including Supreme Court.

The law of the land in a dynamic society requires that it be constantly reviewed by an authority, which is manned by individuals possessing an adequate and thorough knowledge of law and the society in which it operates. Reflecting this, different countries at different times felt the need to establish a law reform agency; Law Commissions have been set up to fulfill this need. In 1996, by the enactment of the Law Commission Act , the Law Commission in Bangladesh started its journey. Visit the Law Commission of Bangladesh to learn more.

Bangladesh has repealed both the Arbitration (Protocol and Convention) Act of 1937 and the Arbitration Act of 1940, and has enacted a new arbitration law, “ The Arbitration Act, 2001 “. The Act is principally based on the UNCITRAL Model Law in International Commercial Arbitration (1985). The new arbitration law consolidates the domestic and international arbitration regime in Bangladesh.

The Act provides that an arbitral tribunal may rule on its own jurisdiction, unless otherwise agreed by the parties in terms of the following questions: (a) whether there is a valid arbitration agreement; (b) whether the arbitral tribunal is properly constituted; (c) whether the arbitration agreement is against public policy; (d) whether the arbitration agreement is capable of being performed, and (e) what matters have been submitted to arbitration in accordance with the arbitration agreement.

Chapter VI of the Arbitration Act, 2001, entitled “Conduct of the Proceedings,” provides in Article 24 that the arbitral tribunal shall not be bound by the Code of Civil Procedure and the Evidence Act of Bangladesh, and that the arbitral tribunal shall follow the procedure to be agreed on by the parties. In terms of setting aside arbitration awards, Chapter VIII of the Act, entitled “Recourse against arbitral awards” is similar to Chapter VII, Article 34 of the UNCITRAL Model Rules. It also provides that Bangladesh courts may set aside awards if they are satisfied that (i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) if the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh; (iii) the arbitral award is in conflict with the public policy of Bangladesh or (iv) the arbitral award is induced or affected by fraud or corruption.

The Bangladesh International Arbitration Centre, the first international arbitration institution of the country, is registered as a not-for-profit organization and commenced operations in April 2011 under a license from the Government and with the sponsorship of three prominent business Chambers of Bangladesh, namely, International Chamber of Commerce-Bangladesh (ICC-B), Dhaka Chamber of Commerce & Industry (DCCI) and Metropolitan Chamber of Commerce & Industry (MCCI), Dhaka.

For more about the Bangladesh International Arbitration Centre, visit here.

Read the Report of the Law Commission of Bangladesh on the Arbitration Act, 2001 .

By integrating former “Patent Office” and “Trademarks Registry Office” the Department of Patents, Designs & Trademarks (DPDT) was created in 2003 under the Ministry of Industries of the Government of the People’s Republic of Bangladesh to protect industrial property. Relevant laws are:

• The Bangladesh Patents Act 2022 [in Bangla]
• The Patents and Designs Rules, 1933
• The Bangladesh Industrial Designs Act, 2023 [in Bangla]
• The Trademark Act, 2009 [amended in 2015] English version .
• The Trademark Rules, 2015 [in Bangla]
• The Geographical Indication of Goods (Registration and Protection) Act, 2013 English version
• The Geographical Indication of Goods (Registration and Protection) Rules, 2015 [in Bangla]

Various relevant forms relating to patents , design , trademark , and geographical indication are also available. The Copyright Office of Bangladesh , a quasi-judicial body, is an affiliated body under the Ministry of Cultural Affairs entrusted to register copyrightable creations, assist the Copyright Board in disposing appeal cases, conduct taskforce operation to prevent piracy and function as the focal point of World Intellectual Property Organization in Bangladesh. A copyright registration flowchart is available [in Bangla].

At present, a good number of public universities in Bangladesh offer law degrees at both undergraduate and graduate levels, including the University of Dhaka, University of Rajshahi, University of Chittagong, Islamic University, Kushtia, Jagannath University, Dhaka, Jahangirnagar University, Dhaka, Khulna University, Barishal University, Bangabandhu Sheikh Mujibur Rahman Science And Technology University, Gopalganj, Noakhali Science and Technology University, Jatiya Kabi Kazi Nazrul Islam University, and National University, Gazipur. All public universities except National University offer a four-year LL.B. (Hons.) degree at the undergraduate level. National University offers a 2-year LL.B. (Pass) degree at the graduate level through its different affiliated private law colleges (around 70) all over Bangladesh.

In the graduate level, a one-year master’s program, i.e., LL.M., both general and specialized, is being offered by all the public universities except Jahangirnagar University, Dhaka that has very recently opened Department of Law & Justice under the Faculty of Law. Evening LL.M. programs (one year and two years) is being offered by the only public university in Bangladesh i.e., University of Rajshahi. Besides, around 30 private universities offer a four-year LL.B. (Hons) and one- or two-year LL.M. programs.

The following website(s) on Bangladeshi Laws may be of help to a legal researcher:

• Chancery Law Chronicles : Comprehensive, searchable database of Bangladesh Laws and more than 8000 Judgments of the Supreme Court of Bangladesh as available now in the website. It reports judgments of the Appellate and High Court Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.
• Asian LII : Provides sources of information on Bangladesh courts, case law, government, indigenous law, infrastructure, ADR, etc.
• Bangladesh Journal of Law : Published by Bangladesh Institute of Law and International Affairs (BILIA).
• Library of Congress entry on Bangladesh Laws .
• Bilateral Investment Treaties (BITs): Copies of BITs between Bangladesh and thirty other countries are available.

The following are the popular law book suppliers in Bangladesh:

• Aligarh Library, Govt. New Market, Dhaka
• Book Syndicate, Govt. New Market, Dhaka
• Anupam Gyan Bhandar, 156, Bangabandhu Stadium, Dhaka
• The University Press Limited, 61, Motijheel C/A, Dhaka-1000
• Mallik Brothers, 42, Banglabazar, Dhaka-1100
• Khoshroj Kitab Mohol, 15, Banglabazar, Dhaka-1100

The following are contact details for the law reporters in Bangladesh:

• Dhaka Law Report, 264, Malibagh, Dhaka-1217, Bangladesh, Phone – 880-2-8312503; 880-2-9356928; 880-01711-688860.
• Bangladesh Legal Decisions, Secretary, Bangladesh Bar Council, Dhaka-1000, Phone – 880-2-9567056; 880-2-9569807; 880-2-9569809; Fax- 880-2-9554959, E-mail: [email protected]
• The Lawyers (ADC), 228, Green Road, Dhaka-1205. Phone – 880-2-9145695; 880-2-9136508; 880-2-9144027; 880-1711-455999.
• Mainstream Law Reports, 4/B, Mayakanon, Shabujbag, Dhaka-1214, Bangladesh, Phone- 880-2-7273474; 880-1552-363284
• Bangladesh Law Chronicles , 204, Shantibagh, Dhaka-1217, Bangladesh, Phone- 880-2-9353649; 880-2-8322271; 880-1711-688860.
• Bangladesh Law Times , 24/1, Segunbagicha, at present 9, Circuit House Road, Dhaka-1000, Bangladesh.
• Law Guardian , Suite 512A, 11, Purana Paltan, Dhaka-1000, Bangladesh, Phone- 880-2-9570782, 880-1712-203339.

General sites:

• National Encyclopedia of Bangladesh: Banglapedia is the national encyclopedia of Bangladesh developed by the Asiatic Society of Bangladesh with the generous support of more than 1200 scholars.
• National Web Portal of Bangladesh : This site contains information on Bangladesh, its constitution and various government ministries.
• Forms of Bangladesh : This website was developed to help the citizens of Bangladesh to find out frequently used government forms in a digital format.

Government Ministries and Departments: There are over 35 ministries in Bangladesh, and some of these ministries are divided into Divisions. Under these ministries there are also many departments. The main roles and functions of these Ministries are distributed according to the Allocation of Business among the Different Ministries and Divisions .

• Prime Minister’s Office: The Prime Minister’s Office (PMO) is the office of the head of the government of Bangladesh.
• Parliament Secretariat : This website contains information on the Constitution, Bill and Legislation and parliamentary procedures.
• Cabinet Division: The functions of the Cabinet Division include: secretarial work for the cabinet and its committees; custody of papers and documents of the cabinet and committees and their decisions; review of progress and implementation of cabinet and committee decisions; remuneration and privileges of the president prime minister and other ministers; immunity of the president; administration of oath of the president and resignation of the president; rules of business and allocation of business among the ministries and divisions; Toshakana; flag rules, national anthem rules and national emblem rules; appointment and resignation of the Prime Minister, ministers, ministers of state and deputy ministers and administration of their oath.
• Ministry of Public Administration: The Ministry of Public Administration is primarily responsible for management of public administration. It provides necessary assistance and support to all concerned on administrative matters.
• Ministry of Finance: The Ministry of Finance has three divisions – The Finance Division ; The Internal Resources Division (IRD); The Economic Relations Division (ERD) . Each division is headed by a secretary to the government.
• National Board of Revenue of Bangladesh: The National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh. Administratively, it is under the Internal Resources Division (IRD) of the Ministry of Finance (MoF). Secretary, IRD is the ex-officio Chairman of NBR. NBR is responsible for the formulation and continuous re-appraisal of tax-policies and tax-laws in Bangladesh.
• Bangladesh Bank: The site of Bangladesh Bank , the Central Bank of the country, contains information on management, the Bangladesh Bank Library, economic data, and major economic indicators, including:
• Monthly updates
• Exchange rates
• International reserves
• Balance of payments
• Bank credit
• Bank deposits
• Money supply
• Monetary survey
• National income aggregates
• Foreign trades
• Export receipts
• Import payments
• Non-resident investment
• Tax exemptions
• Foreign exchange guidelines
• Money laundering risks
• Prudential regulations for banks
• Procurement regulation
• Guidelines for merger/amalgamation of banks/financial institution
• Guidelines/notifications.
• Ministry of Law and Justice : This website has information on the courts of Bangladesh and certain judicial offices. The website also contains the Bangladesh Code , which is the single authoritative source of all primary laws i.e., Acts, Orders and Ordinances from the year 1836 to till date.
• National Legal Aid Services Organization: Provision of legal aid by way of advice, financial assistance or defending is constitutional obligation of the government of Bangladesh and to this end, the government has enacted the Legal Aid Services Act 2000 . National Legal Aid Services Organization (NLASO) was also established at national level and 64 District Legal Aid Committees (DLAC) were created through which NLASO implements the government legal aid program at the district level. See National Legal Aid Services Organization for more information.
• Ministry of Local Government and Rural Development : This website contains laws related to local government in Bangladesh.
• Divisional City Corporations of Bangladesh: There are eight divisional city corporations in Bangladesh in Dhaka, Chittagong, Rajshahi, Khulna, Barishal, Sylhet and Rangpur. In Dhaka Metropolitan City, there are two City corporations- north and south:
• Dhaka South City Corporation
• Dhaka North City Corporation
• Chittagong City Corporation
• Rajshahi City Corporation
• Khulna City Corporation
• Barishal City Corporation
• Cumilla City Corporation
• Rangpur City Corporation
• Gazipur City Corporation
• Mymensingh City Corporation
• Narayanganj City Corporation .
• Ministry of Agriculture : This website has information on issues related to agriculture. The site also has a link on agriculture-related laws .
• Bangladesh Betar [Bangladesh Radio]
• Bangladesh Television
• Directorate of Mass Communication
• Department of Films and Publication
• Bangladesh Film Archive
• Press Information Department
• Press Institute of Bangladesh
• Bangladesh Sangbad Sangstha
• Bangladesh Press Council
• Bangladesh Film Censor Board National Institute of Mass Communication
• Bangladesh Film Development Corporation .
• Light houses and light ships
• Navigation and shipping
• Mercantile marine, admiralty jurisdiction and offences committed on high seas
• Inland water transport and shipping, marine services and elimination of danger of shipping
• Inland waterways
• Administration of mechanically propelled vessels and the rules made there under
• Engineer and ship surveyors and register of inland shipping
• Marine shipping and navigation, provision of education and training for mercantile marine
• Organization and maintenance of mainland, island and inter-island shipping services
• Co-ordination activities relating to this Ministry and research
• Legislation relating to shipping and navigation
• Liaison with international organizations and matters relating to treaties and agreements with other countries and world bodies relating to subjects allotted to this Ministry
• All laws on subjects allotted to this Ministry
• Inquiries and statistics on any of the subjects allotted to this Ministry
• Fees in respect of any of the subjects allotted to this Ministry except fees taken in court.
• Chittagong Port Authority : The Chittagong Port is the principal seaport of Bangladesh handling about 92% of import-export trade of the country. As such, its importance in the national economy is paramount. The Chittagong Port Authority (CPA) is a basic services provider. Its objective focuses mainly on providing necessary services and facilities to the port users efficiently and effectively at competitive prices.
• Mongla Port Authority : Mongla Port is the second seaport situated in southwestern part of Bangladesh, at the confluence of the River Passur and Mongla, about 131 Km. upstream from the Bay of Bengal. The port is well protected by the natural mangrove forest of Sunderbans, which was declared as world heritage by United Nations Education, Scientific and Cultural Organisation . Basically, the entire western part of Bangladesh is its hinterland and neighboring countries such as Nepal, Bhutan and border areas of India are also considered as natural hinterland of Mongla Port.
• Ministry of Environment & Forest: The Ministry of Environment & Forests is the nodal agency in the administrative structure of the Central Government, for the planning, promotion, co-ordination and overseeing of the implementation of environmental and forestry programs. This Ministry oversees all environmental matters in the country and is a permanent member of the Executive Committee of the National Economic Council. The texts of various environment-related laws are available.
• Department of Environment: The website of the Department of Environment contains information relating to initiatives taken by the government relating to environment, including banning of polythene shopping bags, decision on brickfields, hill cutting, and vehicular emission, etc.
• Ministry of Foreign Affairs: Amongst others things, the Ministry of Foreign Affairs contains information on the fundamental foreign policy of Bangladesh .
• Ministry of Food: To access the food related laws as applicable in Bangladesh, visit the Ministry of Food website.
• Ministry of Commerce: The Ministry of Commerce is mainly entrusted with the responsibility of dealing with all trade and commerce related activities in Bangladesh. Relevant laws on trade, policies for import and export, and WTO related issues can be found on its website. Some other relevant organizations are as follows:
• Export Promotion Bureau
• Bangladesh Trade and Tariff Commission Bangladesh Tea Board
• Registrar of Joint Stock Companies and Firms
• Institute of Cost and Management Accounts of Bangladesh Institute of Chartered Accounts of Bangladesh
• Bangladesh Investment Development Authority (BIDA) Office of Chief Controller of Imports and Exports (CCI&E)
• Securities and Exchange Commission, Bangladesh : The Securities and Exchange Commission (SEC) was established on 8 June 1993 under the Securities and Exchange Commission Act, 1993. The Chairman and Members of the Commission are appointed by the government and have overall responsibility to administer securities legislation. The Commission is a statutory body and attached to the Ministry of Finance. Laws relating to securities are available on the website.
• Dhaka Stock Exchange : The Dhaka Stock Exchange (DSE) is registered as a Public Limited Company and its activities are regulated by its Articles of Association, rules & regulations, and byelaws along with the Securities and Exchange Ordinance, 1969, the Companies Act, 1994 & the Securities & Exchange Commission Act, 1993. This website contains laws in connection with stock exchange of the companies listed with the Dhaka Stock Exchange.
• Chittagong Stock Exchange : The Chittagong Stock Exchange received approval from the government of Bangladesh on February 12, 1995, and was incorporated as a limited company on April 1 of the same year.
• Ministry of Labor and Employment: The Ministry of Labor & Employment has taken its present shape and status following different changes and developments, which have taken place since the independence of the country. Considering the importance of employment for socio-economic development and poverty alleviation, the former Ministry of Labor & Manpower was renamed as the present Ministry of Labor & Employment in December 2001. Labour and employment related laws , policies and notifications can be found in this website.
• Ministry of Expatriates’ Welfare and Overseas Employment : This site contains valuable information on bills, notices and consultations in connection with expatriate workers and the enhancement of overseas employment.

Statutory Public Authorities: Statutory public authorities are those authorities, which are created by the provisions of different laws of the land. Information on these statutory public authorities can be found in the following websites:

• Bangladesh Energy Regulatory Commission: The Bangladesh Energy Regulatory Commission , established on March 13, 2003 through the Bangladesh Energy Regulatory Commission Act, 2003 , is responsible to enforce fiscal discipline of the energy sector, introduce the performance targets and incentive-based regulation, uniform operational standards and quality of supply, transparency in tariff determination and economic efficiency, etc. See all laws and policy relating to the energy sector of Bangladesh available on the website of Bangladesh Energy Regulatory Commission.
• Bangladesh Telecommunication Regulatory Commission: Bangladesh Telecommunication Regulatory Commission (BTRC) established in 2002 under the Bangladesh Telecommunication Act, 2001 to encourage the orderly development of a telecommunication system that enhances and strengthens the social and economic welfare of Bangladesh; to ensure, in keeping with the prevalent social and economic realities of Bangladesh, access to reliable, reasonably priced and modern telecommunication services and internet-services for the greatest number of people, as far as practicable; to ensure the efficiency of the national telecommunication system and its capability to compete in both the national and International spheres; to prevent and abolish discrimination in providing telecommunication services, to progressively effect reliance on competitive and market oriented system, and in keeping with these objectives, to ensure effective control of the Commission; and to encourage the introduction of new services and to create a favorable atmosphere for the local and foreign investors who intend to invest in the telecommunication sector in Bangladesh. All laws and policies relating to the telecommunication sectors of Bangladesh can be found on the website of BTRC.
• Election Commission Secretariat: Article 118 of the Constitution provides for the establishment of an Election Commission for Bangladesh , consisting of a chief election commissioner and such number of other election commissioners, if any, as the president may from time to time direct. The appointment of the chief election commissioner and other election commissioners (if any) is made by the president. When the election commission consists of more than one person, the chief election commissioner is to act as its chairman. Under the Constitution, the term of office of any election commissioner is five years from the date on which he enters into office. A person who has held office as chief election commissioner is not eligible for appointment in the service of the Republic.
• Bangladesh Public Service Commission Secretariat: The Bangladesh Public Service Commission (PSC) is a quasi-judicial body established under the Constitution of Bangladesh. It works under the provisions of articles 137 to 140 of the Constitution and certain other rules and regulations made by the government from time to time under the Constitution.
• Bangladesh National Human Rights Commission: Bangladesh National Human Rights Commission established under the National Human Rights Commission Act, 2009 is responsible for the promotion and protection of human rights in Bangladesh. Details about the Commission’s activities can be found online.
• Ain o Salish Kendra
• Bangladesh Institute of Labor Studies Bangladesh Legal Aid and Services Trust
• Bangladesh National Women Lawyer’s Association

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Please note you do not have access to teaching notes, the judicial system of bangladesh: an overview from historical viewpoint.

International Journal of Law and Management

ISSN : 1754-243X

Article publication date: 8 February 2011

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.

The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

• Legal systems

Panday, P.K. and Hossain Mollah, A. (2011), "The judicial system of Bangladesh: an overview from historical viewpoint", International Journal of Law and Management , Vol. 53 No. 1, pp. 6-31. https://doi.org/10.1108/17542431111111863

Emerald Group Publishing Limited

Copyright © 2011, Emerald Group Publishing Limited

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The Judicial System Of Bangladesh: An Overview From Historical Viewpoint

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1 Introduction

The judicial system of Bangladesh has not grown overnight or in any particular period of history ([13] Huda, 1997, p. 740). The present legal and judicial system of Bangladesh owes its origin mainly to 200 years British rule in the Indian subcontinent although some elements of it are remnants of Pre-British period tracing back to Hindu and Muslim administration. It passed through various stages and has been gradually developed as a continuous historical process. The process of evolution has been partly indigenous and partly foreign and the legal system of the present day emanates from a mixed system which has structure, legal principles and concepts modeled on both Indo-Mughal and English law. The Indian subcontinent has a known history of over 500 years with Hindu and Muslim periods which preceded the British period, and each of these early periods had a distinctive legal system of its own.

Bangladesh is a twice-born nation. It achieved independence in 1947 from British domination as a part of Pakistan named as East Pakistan. Over a period of two decades, it suffered from what has been described as internal colonialism. It finally emerged as a sovereign nation in 1971 through protracted mass agitation and a war of liberation, which claimed millions of lives ([19] Khan et al. , 1996, p. 1). The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals. The Supreme Court of Bangladesh comprises of the Appellate Division (AD) and the High Court Division (HCD). It is the apex court of the country and other courts and tribunals are subordinate to it. In this paper, I have briefly discussed the judicial system of Bangladesh from ancient period to present day under the captions of Hindu, Muslim, British, Pakistan and Bangladesh periods.

2 Hindu period: ancient judicial system

In ancient times, the Hindu kings ruled the Bengal (present Bangladesh) in a period of around 1,500 years before and after the beginning of the Christian era. During this period, India was divided into several independent states and the king was the supreme authority of each state and was considered to be the fountain of justice[1] . There were five major types of court system in ancient Bengal - The King Court, the Chief Justice...

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• English pdf (9.4 MB)

Timely Justice for all in Bangladesh: A CHALLENGE FOR CHANGE

January 14, 2016.

Complex procedures, case backlogs, and a lack of effective case management are key constraints to the court system in Bangladesh. They put pressure on the capacity of the system, and create challenges for citizens in accessing justice. UNDP supports the judiciary of Bangladesh to strengthen its capacity by reducing these constraints. This will in turn provide a sustainable foundation for citizens of Bangladesh, in particular women and vulnerable groups, to access justice.

This report is a result of a year-long a detailed analysis of case workflows, and aims to map the business processes of the courts. By analysing the different stages of a court case it provides evidence-based insight to support decision-making. It identifies causes for delays in court cases, areas that potentially undermine the efficiency in courts, and outlines key obstacles within the courts themselves to ensuring equal access to justice for all citizens.

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Home » Law and Ethics » JUDICIAL SYSTEM OF BANGLADESH BEFORE 1971

JUDICIAL SYSTEM OF BANGLADESH BEFORE 1971

On independence, the Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued, of course, with due adaptations and modifications, where necessary, to suit the requirements of the new Republic.

The judicial system of Bangladesh has a known history of over thousands of  year. The present judicial system of Bangladesh has been evolved as a result of gradual process during the different period of Indian history.  Legal history of Bangladesh can be divided under four important periods, i.e., Hindu period, Muslim period, British period and after independence.

During ancient times, the justice system was connected with religion and with social  norms. The king (raja) was the supreme head of the legislative, executive and judiciary branches. The various sources of law relied upon by the kings at that time were  shrutis, smritis, puranas, dharmashastras,  etc. The  Arthashastra  and  Manusmriti were considered authoritative legal guidance. Hindu period extended for nearly 1500 years.

Muslim period started with the first major invasion by Muslims in 1100 A.D. The Muslim emperor  followed the laws of the Holy Quran, Sunnah, Ijma and Qias. During Muslim period the civil administration of Sultanate  and head of highest court was Sultan. The Sultan was assisted by two reputed Muftis. During Muslim period the Court was regulated by two Muslim Codes, namely- Fiqh-e-Firoz Shah and Fatwa-i-Alamgiri.

British period begins with the consolidation of the British power in the middle of the eighteenth century and last for nearly two hundred years.  Grant of Charter of 1661 by Charles II empowered the East India Company to administer the people who lived in the Company’s factories or trading centers at the three presidency towns namely- Madras, Bombay and Calcutta, both civil and criminal justice according to English law.  The Charter of 1668 authorized the  Company to make laws, orders, ordinances and constitutions for the good governance of the island of Bombay. By dint of Charter of 1686, the Company in 1687 was authorized to establish a municipality and a Mayor’s Court at Madras to try the civil and criminal cases in their territories. Similar courts were established in successive presidencies at Bombay and Calcutta. The story of India’s modern judiciary begins with the  Mayor’s courts  which were established in the presidency towns of Calcutta, Madras and Bombay in 1728 under charter of 1726 by king Gorge-I to try all civil actions. The Charter also provided that in each presidency town, the Governor and five senior members of the  Council will have criminal jurisdiction and would be justices of the Peace and provisions for filling of the appeals from the then India to the Privy-Council in England was introduced by the Charter. The charter establishing the  Supreme Court of Judicature at Fort William was issued in 1774 in pursuance of Regulating Act 1773. During the period of 1834 to 1861, two sets of courts were administering justice in India. The king’s Court and Company’s Court formed the dual system of courts having their separate jurisdiction.  After the Judicial Committee Act, 1833, the Privy Council came to be called the Judicial Committee of the Privy Council.

The Mutiny in 1857 necessitated rethinking on the administration of India and reorganization of the law of  courts. In 1858 the East India Company was abolished and the assumption of direct responsibility of the Government of India by the Crown made the problem of uniting the two sets of courts much easier. As a result, Indian High Court Act, 1861 was passed. The act of 1861 empowered the Crown to establish by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay abolishing the Supreme Courts and the Courts of Sadar Diwani Adalat and Sadar Nizamat Adalat.  The Government of India Act, 1915 was passed by British Parliament which provided for the constitution, jurisdiction and powers of the High Courts.

Under the Provisions of the Government of India Act, 1935 a Federal Court was established in India in 1937 having power to hear appeals from the decisions of the High Courts. But the said appellate power was limited to the interpretation of laws vis-a-vis the Government of India Act and did not affect the jurisdiction of the Privy Council to hear appeals from the decisions of the High Courts on merit.

The High Court of Bengal (Order) 1947 promulgated under the provisions of section 9 of the Indian Independence Act, 1947 providing for establishing a separate High Court for East Pakistan as the High Court of Judicature of East Bengal at Dhaka.

Under the provision of the Federal Courts Order 1947, Federal Court of Pakistan was established in Karachi under the provisions of the Privy Council (Abolition of Jurisdiction) Act, 1950. The jurisdiction of Privy Council to appeals was taken away and the same power was vested in the Federal Court of Pakistan. With the coming into operation of the Constitution of the Islamic Republic of Pakistan, 1956 the Supreme Court of Pakistan was established in place of Federal Court as Apex Court of the country.

After independence of Bangladesh in 1971 the Acting President promulgated the Laws Continuance Enforcement Order, 1971 by which all laws that were in force in Bangladesh on 25th March, 1971 continued to be so in force.  At present we have about 740 Acts, 507 Ordinances and some Regulations in Bangladesh.

This way, neither any vacuum occurred nor did any break result in the continued operation of the legal system. The judicial structure remained the same. The Lahore High Court continued to function and so did the Sindh Chief Court and the Courts of Judicial Commissioner in NWFP and Baluchistan. A new High Court was set up at Dhaka.  Similarly, a new Federal Court for Pakistan was also established.  The powers, authority and jurisdiction of the Federal Court and High Courts, as prescribed in the Government of India Act 1935, remained intact. The Government of India Act 1935 was amended in 1954 with a view to empower the High Courts to issue the prerogative writs.  The subsequent Constitutions i.e. 1956, 1962 and 1973 did not drastically alter the judicial structure or the powers and jurisdiction of the superior courts. The changes effected were, renaming the Federal Court as the Supreme Court by the 1956 Constitution and the upgradation of the Chief Court of NWFP and Judicial Commissioner Court of Baluchistan into full-fledged High Courts, by the 1973 Constitution. Later on, a new Court called, Federal Shariat Court was created in 1980  with jurisdiction to determine, suo moto or on petition by a citizen or the Federal or a provincial Government, as to whether or not a certain provision of law is repugnant to the injunctions of Islam.

Superior Judiciary:

The Constitution of Pakistan deals with the superior judiciary in a fairly comprehensive manner and contains elaborate provisions on the composition, jurisdiction, powers and functions of these courts. The Constitution provides for the “separation of judiciary from the executive” and the “independence of judiciary”.  It entrusts the superior courts with an obligation to “preserve, protect and defend” the Constitution. The qualifications of Judges, their mode of appointment, service conditions, salary, pension, etc are also laid down in the Constitution. The remuneration of judges and other administrative expenditures of the Supreme Court and High Courts are charged on the Federal/Provincial Consolidated Fund,  which means it may be discussed but cannot be voted upon in the legislature. The Constitution also provides for the grounds as well as forum and procedure for the removal of judges of the superior courts. The Supreme Judicial Council, consisting of the senior judges of the Supreme Court and High Courts, on its own or on a reference made by the President, may recommend the removal of a Judge on the ground of misconduct or physical or mental incapacity. Thus, the Constitution ensures the freedom, independence and impartiality of the superior judiciary.

The Supreme Court and High Courts have recently been given a degree of financial autonomy. This measure followed the Supreme Court ruling in the case of Government of Sind v Sharaf Faridi.  The Court held that the independence of judiciary also means the elimination of financial control of the Executive over the judiciary, and therefore, the Chief Justice of the Supreme Court and High Courts should be authorised to make re-appropriation of funds within the budgetary allocation, without the approval of Finance Ministry. The Court went on to elaborate that the Chief Justices would thus be competent to re-appropriate amounts from one head to another and may also create or abolish posts and upgrade or downgrade the same.  This ruling came during the course of interpretation of Article 175(3) of the Constitution, which provides that “judiciary shall be separated progressively from the Executive within 14 years”. The Court held that as per such constitutional mandate, the functions of magistracy should be bifurcated and the judicial magistrates must be placed under the administrative control of the High Court. The Court fixed the 23rd of March 1994 as the last date for carrying out this measure. In its order dated 24th January 1996 on the review petition, the Supreme Court extended the said date to 23rd March 1996 and reiterated that separation must be effected by the due date and added that no request for further extension in time will be entertained. Consequently, through appropriate amendments in law, judicial magistrates were placed at the disposal of High Courts. Later, the Supreme Court in the cases of Al-Jehad Trust v Federation  and Asad Ali v Federation  further interpreted various provisions in the Constitution and clarified the procedure and qualifications for appointment to the Supreme Court and High Court and appointment of the Chief Justices of the said courts.

Supreme Court:

The Supreme Court is the apex Court of the land, exercising original, appellate and advisory jurisdiction. It is the Court of ultimate appeal and therefore final arbiter of law and the Constitution. Its decisions are binding on all other courts. The Court consists of a Chief Justice and other judges, appointed by the President. An Act of Parliament has determined the number of judges. The number fixed at the moment is 17. Currently, the Court is working with full strength. Further, 2 Ad hoc Judges have also been appointed for one year. A person with 5 years experience as a Judge of a High Court or 15 years standing as an advocate of a High Court is eligible to be appointed as Judge of the Supreme Court. The standing practice is that the Chief Justice recommends a list of names to the President and the President selects Judges from the said list. The recommendation of the Chief Justice is binding on the President, except for sound reasons to be recorded by the President. Similarly, the most senior judge is appointed as the Chief Justice, except for concrete and valid reasons to be recorded by the President.

The Court exercises original jurisdiction in inter-governmental disputes, be that dispute between the Federal Government and a provincial government or among provincial governments. The Court also exercises original jurisdiction (concurrently with High Courts) for the enforcement of fundamental rights, where a question of ‘public importance’ is involved. The Court has appellate jurisdiction in civil and criminal matters. Furthermore, the Court has advisory jurisdiction in giving opinion to the Government on a question of law.

The Court appoints its own staff and determines their terms and conditions of service. The Supreme Court (Appointment of Officers and Servants and Terms of Service) Rules 1982 prescribe the qualification for and mode of appointment and promotion of staff together with penalties and procedure for disciplinary proceedings against them. The Court may also frame its own rules of procedure.  The Supreme Court Rules 1980 laid down detailed procedure for the filing of petitions and appeals and their processing through the Court.

As compared to the practice elsewhere in the world, particularly the United States and United Kingdom where fewer cases reach the apex Court, the Supreme Court of Pakistan deals with cases far beyond its capacity to deal with. Its jurisdiction, original as well as appellate, is fairly wide. Besides entertaining civil and criminal appeals from the High Courts, the Court also hears appeals from the judgments against the Federal Shariat Court, Service Tribunals and some special courts. The Court also entertains cases of violation of Fundamental Rights under its original jurisdiction [Art 184(3)]. Besides being deputed to act as special court/tribunal, the judges are also engaged as members of enquiry commissions. As a consequence, there is always some pending work to dispose of. On 1st February, 2007, a total of 10914 cases were pending in the Supreme Court. Approximately 13000 – 16000 cases (both petitions and appeals) are annually filed in the Court. Besides, around 30,000 applications/letters are annually received under Article 184(3) of the Constitution and processed by the Court. Obviously, the Court has a heavy workload. It raises the question as to whether the Court can devote adequate time and serious attention to important cases, involving the interpretation of law and the Constitution; ensure their timely disposal through sound reasoning and quality judgment, as is expected of an apex Court. There is a need, thus, to ponder whether or not the jurisdiction of the Court should be restricted to important and serious cases.

There is no system of adequate research assistance being made available to the Court so as to facilitate the judges in their research assignments concerning the clarification/elaboration of a legal provision or interpretation of the Constitution. Such a measure will undoubtedly help in improving the quality of judgment and facilitate in correct interpretation of law.

To facilitate the litigant public and ensure prompt disposal of cases, the Court, except in very important cases, generally operates through benches. Benches have been constituted, and are functional, almost round the year. Besides its Principal Seat at Islamabad, there are 4 Branch Registries, one at each provincial metropolis.  Whereas the constitution of Benches and their operation in various cities facilitates the public and ensures prompt disposal of cases, this system does affect the quality of judgments and deprives the Court of collective wisdom, so very vital for the apex Court, dealing with important issues and principles. There is, therefore, perhaps a need to re-examine the wisdom of bench system. This is however not possible with the present workload and rising trend of institution of cases, due to wider jurisdiction of the Court.

High Courts:

There is a High Court in each province. Each High Court consists of a Chief Justice and other puisne judges. The strength of Lahore high Court is fixed at 50, High Court of Sindh at 28, Peshawar High Court at 16 and High Court of Baluchistan at 9. The Chief Justice is appointed by the President in consultation with the Chief Justice of Pakistan and other judges, in consultation with the Chief Justice of Pakistan, Governor of the Province and the Chief Justice of the concerned High Court.  Qualifications mentioned for the post of a Judge are, 10 years experience as an advocate of a High Court or 10 years service as a civil servant including 3 years experience as a District Judge or 10 years experience in a judicial office.   The standing practice for the appointment of Judges of High Courts is that initially the Chief Justice of the concerned High Court prepares a list of candidates which is submitted to the President through the Governor of the province and Chief Justice of Pakistan. The President finally selects Judges from the said list.  The recommendation of the Chief Justice of Pakistan and Chief Justice of the High Court is binding on the President, except for sound reasons to the contrary. The most senior judge would have legitimate expectancy of being appointed as the Chief Justice except for concrete and valid reasons, to be recorded by the President.

The Court exercises original jurisdiction in the enforcement of Fundamental Rights and appellate jurisdiction in judgments/orders of the subordinate courts in civil and criminal matters. A large number of cases are pending in various High Courts. In the Lahore High Court, a total of 75,195 cases, in the High Court of Sindh, 27,291 cases, in Peshawar High Court, 13,610 cases and in the High Court of Balochistan, 2445 cases were pending on 1st January 2007. The Court supervises and controls all the courts subordinate to it.  It appoints its own staff and frames rules of procedure for itself as well as courts subordinate to it.

An extremely controversial provision in the Constitution has been the transfer of a judge from one High Court to another without his consent or after consultation with the Chief Justice of Pakistan or Chief Justices of the concerned High Courts. The original 1973 Constitution made such a transfer subject to such consent as well as consultation. A proviso added by the Constitution (Fifth Amendment) Act 1976 empowered the President to order such transfer for a period not exceeding one year, and the President Order No. 14 of 1985 extended such period from one to two years. Similarly, Article 203-C(4) of the Constitution, added by the Constitution (Amendment) Order 1980, also provides that a judge of a High Court may be transferred to act, for up to two years, as a judge of the Federal Shariat Court, and in the event of refusal, shall be deemed to have retired from the service.  Eversince such amendments, the transfer provisions had been the subject of intense criticism, and rightly so, as the provisions were seldom used in public interest. The provisions had often been misused or abused for pressurising the judges so as to obtain from them favourable opinions/judgments or punish them for their upright behaviour. The Supreme Court in the case of Al-Jehad Trust v Federation  examined this provision in the light of other provisions pertaining to the independence of the judiciary and concluded that no judge may be transferred to the Federal Shariat Court, and further, that transfer to another High Court is permissible only in public interest.

Federal Shariat Court:

The Court consists of 8 Muslim Judges including the Chief Justice.  Such Judges are appointed by the President from amongst the serving or retired Judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of a Judge of the High Court. Of the 8 Judges, 3 are required to be Ulema who are well versed in Islamic law. The Judges hold office for a period of 3 years and the President may further extend such period.

The Court, on its own motion or through petition by a citizen or a government (Federal or provincial), may examine and determine as to whether or not a certain provision of law is repugnant to the Injunctions of Islam. Appeal against its decision lies to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim Judges of the Supreme Court and not more than 2 Ulema, appointed by the President.  If a certain provision of law is declared to be repugnant to the Injunctions of Islam, the Government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam. The Court also exercises appellate revisional jurisdiction over the criminal courts, deciding Hudood cases.  The decisions of the Court are binding on the High Courts as well as subordinate judiciary.  The Court appoints its own staff and frames its own rules of procedure.  On 1st January 2007, a total of 3316 cases (3016 appeals/revisions and 300 petitions) were pending before the Court.

Ever since its establishment in 1980, the Federal Shariat Court has been the subject of criticism and controversy in the society. Created as an Islamisation measure by the Military Regime  and subsequently protected under the controversial 8th Amendment,  its opponents question the very rationale and utility of this institution. It is stated that this Court merely duplicates the functions of the existing superior courts. The composition of the Court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this Court does not fully meet the criterion prescribed for the independence of the judiciary, hence, is not immune to pressures and influences from the Executive. In the past, this Court was used as a dumping ground for the recalcitrant judges. And whereas some of its judgments, particularly the ones which relying on the Islamic concept of equity, justice and fair play, expanded and enlarged the scope and contents of individual’s rights were commended, others that validated the controversial Hudood Laws, in particular, the sentence of Rajam (stoning to death) are severely criticised and deplored. With the adoption of Protection of Women (Criminal Laws Amendment) Act, 2006 the jurisdiction of the Court is considerably curtailed inasmuch as, appeals/applications for revision arising out of trial of  offences taken out from the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are no longer filed before the Court. They are filed before the High Court. In brief, there is a need for a serious discussion on the independence, utility and functions of this Court.

Subordinate Judiciary:

The subordinate judiciary may be broadly divided into two classes; one, civil courts, established under the West Pakistan Civil Court Ordinance 1962 and two, criminal courts, created under the Criminal Procedure Code 1898. In addition, there also exist other courts and tribunals of civil and criminal nature, created under special laws and enactments. Their jurisdiction, powers and functions are specified in the statutes creating them. The decisions and judgments of such special courts are assailable before the superior judiciary (High Court and/or Supreme Court) through revision or appeal. The civil courts may be classified as follows:

Civil & Criminal Courts:

The provincial governments appoint the civil and criminal judges and their terms and conditions are regulated under the provincial civil servants acts/rules. The High Court, however, exercises administrative control over such courts. The civil courts consist of District Judge, Additional District Judge and Civil Judge Class I, II & III. Similarly, the criminal courts comprise of Session Judge, Additional Session Judge and Judicial Magistrate Class I, II & III. Law fixes their pecuniary and territorial jurisdictions. Appeal against the decision of civil courts lies to the District Judge and to the High Court, if the value of the suit exceeds specified amount. Similarly, in keeping with the quantum of penalty, appeals against criminal courts lie to Session Judge or High Court.  

Revenue Courts:

Besides the civil courts, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. The provincial government that exercises administrative control over them appoints such officers. Law prescribes their powers and functions.

(iii) Special Courts:

The Constitution authorises the federal legislature to establish administrative courts and tribunals for dealing with federal subjects.   Consequently, several special courts/tribunals have been created which operate under the administrative control of the Federal Government. Most of these courts function under the Ministry of Law & Justice, however, certain courts also operate under other ministries/departments. Such courts/tribunals include the Special Banking Court, Special Court Custom, Taxation and Anti-corruption, Income Tax (Appellate) Tribunal, Insurance Appellate Tribunal, etc. The judicial officers presiding over these courts are appointed on deputation from the provincial judicial cadre.

Service Tribunals:

Under Article 212 of the Constitution, the Government is authorised to set up administrative courts and tribunals for exercising jurisdiction in matters, inter alia, relating to the terms and conditions of service of civil servants. Accordingly, service tribunals, both at the centre and provincial level have been established and are functional. The members of these tribunals are appointed by the respective Government. Appeal against the decision of the Provincial Service Tribunal and the Federal Service Tribunals lies to the Supreme Court.

Important Enactments:

During the period of 1947 to 1971, the following important enactments were made:

Laws related to land:

(1). Non-agricultural Tenancy Act, 1949.

(2). The state Acquisition and Tenancy Act, 1950.

Factory and Labour laws:

(1). Factories Act, 1965.

(2). Industrial Relations Ordinance, 1969.

(3). Shops and Establishment Act (Standing order), 1965.

(4). The Employment of Labour Act, 1965.

(5). The Fatal Accident Act, 1965.

(6). The minimum wages ordinance, 1961.

(7). The Companies Profit (workers participation) Act, 1968.

(8). The Tea Plantations Labours Ordinance, 1962.

(9). The Dock Laborers Regulation, 1948.

(10). The Dock workers (Regulation of Employment) Act, 1980.

(11). The Maternity Benefit Act, 1948.

(12). The Maternity Benefit (Tea Estate) Act, 1950.

(13). The Road Transport workers ordinance, 1961.

(14). The Trade Organization Ordinance, 1968.

Banking laws:

(1). The Bank Company Ordinance, 1962.

(2). The Foreign Regulation Act, 1947.

Other laws:

(1). The Building Construction Act, 1982.

(2). The Citizenship Act, 1951.

(3). The Copy Right Act, 1962.

(4). The Custom Act, 1969.

(5). The Pakistan Defence Ordinance, 1965.

(6). The Hat & Bazar (Establishment & Requisition) ordinance, 1959

(7). The Navy ordinance, 1961.

(8). The premises Rent control ordinance, 1963.

(9). The Salt Tax Act, 1981.

(10). The Town Development Act, 1953.

(11). The Waqf Ordinance, 1966.

(12). The Sea Custom Act, 1963.

Family Laws:

The Muslim Family Ordinance, 1961, so to speak, the above mentioned Acts as well as ordinances is in operation in Bangladesh having made some required amendments there on. Besides these laws, the Acts of the British were also in operation for the actual functioning of the legal system of Pakistan.

Law and Judiciary under Pakistan Period:

As regards independence of the Judiciary in Bangladesh under Pakistan period, it may be of vital importance to point out here that the hand of the District Magistrate was complete. He, as an executive, could arrest and prosecute a person. He also acted as a judge and tried criminal cases. As a result, the individual liberty was always in danger and frequently interfered with.

On the other hand, if we consider the famous case- the Federation of Pakistan Vs. Moulvi Tamizuddin Khan, P.L.D., 1955, F.C. 240, then we find that in the case, the decisions of the Federal Court of Pakistan was, in actual practice, indicative of the weaknesses of the said court to maintain its judicial independence. In this regard, Moudud Ahmed, in his book, namely, ‘Bangladesh: Constitutional Quest for Autonomy’, says as under:

• a) “The full Bench of the Federal Court being trapped by its own judgment in the Tamizuddin Khan’s case and having created great controversies…. ”
• b) “It only further proved the irrationality or bias applied by the court in the case of Tamizuddin Khan. The Court went out of its way to bail out the Governor-General who acted illegally in dissolving the Constituent Assembly.”

Moreover, by the judgment in the case of State Vs. Dosso ( PLD 1958 S.C. 533), the Pakistan supreme court conferred legality on the armed usurpers calling it a “Victorious revolution” and a successful coup d’etat by relying on Hans Kelsen”s positivist theory of efficacy. The judgment was based on the doctrine of necessity and political reality. Had the Pakistan Supreme court acted constitutionally and legally, no doubt at some risk to the judges, the entire course of history of this Subcontinent might have been different.  It is interesting to recall that the same Supreme Court under changed circumstance in Asma Jilani’s case in 1972 overruled Dosso’s case and gave an entirely different judgment holding the Proclamation of Martial Law by General Yahya Khan in 1969 as illegal. The Dosso’s case was subsequently quoted and followed with approval by the supreme courts in Uganda, Rhodesia and Nigeria in granting constitutional legitimacy to armed usrpers who also staged successful coup d’etat there. Dosso’s case thus acquired the dubious distinction as a leading legal precedent for other armed usurpers to successfully invoke and acquire the necessary legitimacy and constitutional government which prompted the Judicial Committee of the Privy Council to remark. “What happened in Pakistan in October, 1958, and then an isolated incident in the Commonwealth has become a pattern for the new Commonwealth”. But at the same time, we are proud of a number of cases decided by the Pakistan supreme court namely, those of Malik Ghulam Jilani, Mir Abdul Baki Baluch and Begum Shorish Kashmiri all of which upheld the fundamental rights and liberties of the people. However, on the whole, the judges and the Courts were not successful in safeguarding the liberties of the people although the Courts had a general reputation of fairness, impartiality and incorruptibility.  After ending of Pakistan period in 1971, Bangladesh (former East Pakistan) emerged as an independent State in the political map of the world. It took its birth as an independent and sovereign state on December 16, 1971, out of the ashes of a bloody war for national independence carried out for nine months beginning from March 25, 1971, when the Pakistan Army fell upon the unarmed people of the then East Pakistan, and ending on December 16, 1971, after the surrender of Pakistan army on the date. Since then Law and Judiciary in Bangladesh have been developed with many important changes. Therefore, an attempt in made in the subsequent changes. Therefore, an attempt is made in the subsequent chapter chapter 6 to examine the Law and Judiciary in Bangladesh since its independence i.e. 1974.

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Judicial System

Judicial System The judiciary in Bangladesh consists of the higher judiciary (the Supreme Court) and the subordinate judiciary (the lower courts).

Supreme Court the apex court of the country consisting of two divisions i.e. the Appellate Division and the High Court Division. Chief Justice of Bangladesh and other judges in each division constitute the Supreme Court. Chief justice and other judges are independent in the exercise of their judicial functions subject to the provisions of the Constitution. The Chief Justice and other judges are appointed by the President in accordance with the advice of the Prime Minister. Judges of the Supreme Court are appointed from amongst the advocates of the Supreme Court and judicial officers. Judges appointed in the Appellate Division sit in that division with the Chief Justice, and the judges appointed in the High Court Division sit in that division.

High court division has power of judicial review. On the application of any aggrieved person high court division may give such directions or orders to any person or authority including a person performing any function in connection with the affairs of the Republic for the enforcement of any of the fundamental rights guaranteed under the Constitution. In enforcing the fundamental rights, high court division is empowered to declare any law inconsistent with the fundamental right or any other part of the Constitution void to the extent of inconsistency. High court division has also original jurisdiction in cases relating to company, admiralty, matrimonial issues, trade marks, copyrights, etc. High court division may also withdraw a case from any subordinate court and dispose of the same if any substantial question of law as to the interpretation of the Constitution or a point of general public importance is involved in that case.

The high court division has appellate and revisional jurisdictions conferred on it by the laws. An appeal lies to the appellate division as of right from judgment, decree, order or sentence passed by the high court division where the high court division certifies that the case involves a substantial question of law as to the interpretation of the Constitution of Bangladesh or has sentenced a person to death or imprisonment for life or has imposed punishment for contempt of that court.

Both the divisions of the Supreme Court of Bangladesh are courts of record, and have power subject to the provisions of the Contempt of Courts Act 1926 to investigate and punish any one for contempt of court. Law declared by the appellate division is binding on the high court division and the law declared by either division of the Supreme Court is binding on all subordinate courts. All authorities executive and judicial in the country shall act in aid of the Supreme Court. Subject to any law made by Jatiya Sangsad the Supreme Court may with the approval of the President, make rules for regulating the practice and procedure of the high court division as well as of the appellate division. Supreme Court may delegate any of its functions regarding appointment of employees to a division of that court or to one or more judges. Appointment of the employees of the Supreme Court is made by the chief justice or other judges or officer authorised by the chief justice in accordance with the rules made by the court with the approval of the President subject to any law made by the Jatiya Sangsad to determine conditions of their service. High court division has superintendence and control over all subordinate courts and tribunals established by law.

Appellate division hears appeals from the judgment, decree, order or sentence passed by the high court division or from any other court or tribunal, if so provided by law made by the Jatiya Sangsad, such as decision of the Administrative Appellate Tribunal, Arpita Samapatti Appellate Tribunal or Land Survey Appellate Tribunal. In addition to the above appellate power the appellate division has advisory jurisdiction to give its opinion when sought by the President on any question of law of public importance. For doing complete justice in any case, pending before it, appellate division has power to issue any direction, order, decree or writ including attendance of any person or discovery or production of any document.

Subordinate civil judiciary There are five classes of subordinate civil courts i.e. the courts of assistant judges, senior assistant judges, joint district judges, additional district judges and district judges. District judge is the head of the judiciary in each of the districts. In the hill districts where there were no separate civil courts, the magistrates performed the functions of the civil courts. But recently civil courts have been sitting there and functioning. Subject to the superintendence of the high court division, district judge has administrative control over all the civil courts of the district. District judge has mainly appellate as well as revisional jurisdiction, but in some matters he has original jurisdiction too. Jurisdiction of the additional judge is co-extensive with that of the district judge. He/she discharges the judicial business assigned to him/her by the district judge. Appeals to the judgments, decrees and orders passed by the assistant judges and subordinate judges lie to the district judge. Similarly district judge may transfer the appeals preferred against judgments, decree or orders passed by the assistant judges to the joint district judges for disposal. Joint district judges have unlimited civil original jurisdiction.

Civil courts while deciding any question regarding succession, inheritance, marriage or caste or any religious usage or institution apply the Muslim law in cases where the parties are Muslims and' Hindu law in cases where the parties are Hindus except so far as such law has been altered or abolished by any enactment made by the legislature.

Artha Rin Adalat (Loan Court) have been set up in each district under the provisions of the Artha Rin Adalat Ain 1990 by the government appointing subordinate judges as judges of such courts in consultation with the supreme court. All suits for realisation of the loan of the financial institutions eg bank, investment corporation, house building finance corporation, leasing company etc and non-banking financial institutions constituted under the provisions of Financial Institutions Act 1993, are to be filed in the Artha Rin Adalats, and such suits are exclusively triable by such courts. Artha Rin Adalat is a civil court and has all the powers of the civil court.

Deulia Adalat (Bankruptcy Court) has been constituted under the Bankruptcy Act, 1997. District court in each district is the Bankruptcy court of that district, and district judge is the presiding judge of that court and is authorised to deal with and dispose of bankruptcy cases arising within the district and he/she may authorise an additional (district) judge to deal with and dispose of any such case.

Assistant judges, senior assistant judges as well as joint district judges have been empowered with the functions of Courts of Small Cause to entertain and try suits for realization of money upto thirty thousand taka and for ejectment of the monthly tenant by the landlord when twelve months' rent of the premises is equivalent to the above amount. No appeal lies from the decree or most of the orders passed by the Court of Small Cause except appeal to the district judge from certain orders. But a revision may be filed to the High Court Division by an aggrieved party against decree or non-appealable order. Assistant judges and senior assistant judges also perform the functions of the Rent Controller deciding disputes between the landlords and monthly tenants of house premises other than suits for realization of arrear of rent or ejectment from the rented premises such as deposit of rent by the tenant on the refusal of the landlord to accept the same, repair of the premises, fixation of standard rent etc. Assistant judges and senior assistant judges also constitute Family Courts to entertain and try suits arising from family disputes such as restitution of conjugal rights, dissolution of marriage, maintenance of wife and children, custody of children etc.

Subordinate criminal courts There are several classes of subordinate criminal courts. These are courts of session, courts of judicial magistrates and courts of metropolitan magistrates. Courts of judicial magistrates include the chief judicial magistrate, additional chief judicial magistrate and judicial magistrates of the first, second and third class. Courts of metropolitan magistrates include the courts of chief metropolitan magistrate, additional chief metropolitan magistrate and other metropolitan magistrates all exercising power of first class judicial magistrate. Divisional Commissioner transformed the functions of the court of session for the three hill districts, but since 2008 courts of sessions have been set up in the hill districts. Since January 1999 metropolitan courts of session have been established for the Dhaka and Chittagong metropolitan areas. For performing functions other than judicial there are executive magistrates.

District judges have been empowered to function as sessions judges, additional district judges as additional sessions judges and joint district judges as joint sessions judges in the districts. In every district, district judge performs the functions of the sessions judge; additional district judge or judges those of the additional sessions judge or judges and joint district judges those of the joint sessions judges. Metropolitan session courts have been constituted with former district judges as the metropolitan sessions judges, former additional district judges as metropolitan additional sessions judges and former joint district judges as metropolitan joint sessions judges in those metropolitan areas. Joint sessions judges are subordinate to the sessions judges and sessions judges may make rules for distribution of business to joint sessions judges. Though additional sessions judges exercise same power as exercised by the sessions judges business may be distributed by the sessions judge of the district to the additional sessions judge or judges in that district. Judges of the courts of session also functions as special judges under the Criminal Law (Amendment) Act 1958 to try offences under the provisions of Prevention of Corruption Act 1947, and now repealed Anti-Corruption Act 1957 replaced at present by the Durniti Daman Commission Ain 2004. Judges of the courts of session also act as special tribunals to try offences under the provisions of the Special Powers Act 1974. Sessions judge, additional sessions judge or joint sessions judge acting as special tribunal may award any sentence authorised by law. Sessions judges and additional session judges also act as Special Courts for suppression of repression of women and children under the provisions of the Suppression of Repression of Women and Children (Special Provisions) Act 2000. Sessions judges also act as Public Safety Tribunals under the Public Safety (Special Provisions) Act, 2000 for trying offences under that Act. By the Public Safety (Special Provisions) (Amendment) Act, 2002 most of the provisions of the said Act has been repealed but provided for continuation of the pending cases under the said Act reserving power in the government to withdraw appropriate cases. Those repealed provisions have been re-enacted in slightly modified form by the Law and Order Disruptive Crimes (Speedy Trial) Act 2002, and metropolitan magistrates and judicial magistrates of the first class have been empowered to try such offences within very short time as Speedy Trial Courts. Sessions judges and additional sessions judges also act as Tribunals to try offences under the Acid Offence Suppression Act 2002. For speedy trial within specified time of offences of murder, rape, possession of illegal arms, explosives and narcotics Speedy Trial Tribunals with judicial officers of the rank of sessions judges have been constituted initially in the six divisions to be extended later on in each district by transferring some such cases pending before other subordinate criminal courts or tribunals under the Speedy Trial Tribunal Act 2002. Those tribunals, concerned public prosecutors and police officers shall remain responsible for failure to complete trial of such a case within the maximum period of 120 working days. Special rule of evidence for admitting into evidence video film, still picture of any criminal offence or its preparation as well as tape record or disk containing any conversation in connection with such offence have been made applicable to such trials. Sessions judges and additional sessions judges also act as Money Laundering Court to try offences of money laundering under the Money Laundering Prevention Act 2002. Environment Courts have been constituted with joint district judges who are also ex-officio joint sessions judges to try major environment offences under the Environment Protection Act 1995 and other environment laws and rules and connected offences and judicial magistrates of first class and metropolitan magistrates as Special Judicial Magistrates have been empowered to try minor environment offences. Pure Food Courts have been constituted with the judicial magistrates having first class power to try offences under the Pure Food Ordinance 1959 as amended by the Pure Food (Amendment) Act 2005. Similarly Marine Courts have been constituted with judicial magistrates of the first class to try offences under the Inland Shipping Ordinance 1976 with the help of assessors. Since November 2007 additional district judge of the district acts as chief judicial magistrate, joint district judges as additional chief judicial magistrates and the senior assistant judge as the judicial magistrate of the first class and assistant judges as judicial magistrate of the second and third class. Besides the chief judicial magistrate and additional chief judicial magistrate there are other judicial magistrates of the first, second and third class in every district outside the metropolitan areas. The Supreme Court or the chief judicial magistrate subject to the control of the Supreme Court defines local areas within which such magistrates may exercise powers vested on them. Previously in every district, district judge performed the functions of the sessions judge; additional district judge or judges those of the additional sessions judge or judges and subordinate judges those of the assistant sessions judges. Metropolitan session courts were constituted with former district judges as the metropolitan sessions judges, former additional district judges as metropolitan additional sessions judges and former subordinate judges as metropolitan assistant sessions judges in those metropolitan areas. Assistant sessions judges were subordinate to the sessions judges and sessions judges could make rules for distribution of business to assistant sessions judges. Though additional sessions judges exercised same power as exercised by the sessions judges business could be distributed by the sessions judge of the district to the additional sessions judge or judges in that district. Judges of the Courts of Session also acted as special judges under the Criminal Law (Amendment) Act 1958 to try offences under the provisions of Prevention of Corruption Act 1947 and Anti-Corruption Act 1957. Judges of the courts of session also acted as Special Tribunals to try offences under the provisions of the Special Powers Act 1974. Sessions judge, additional sessions judge or assistant sessions judge acting as special Tribunal may award any sentence authorised by law. Sessions judges and additional session judges also acted as Special Courts for suppression of repression of women and children under the provisions of the Suppression of Repression of Women and Children (Special Provisions) Act 2000. Sessions judges also acted as Public Safety Tribunals under the Public Safety (Special Provisions) Act, 2000 for trying offences under that Act. By the Public Safety (Special Provisions) (Amendment) Act, 2002 most of the provisions of the said Act has been repealed but provided for continuation of the pending cases under the said Act reserving power in the government to withdraw appropriate cases. Those repealed provisions have been re-enacted in slightly modified form by the Law and Order Disruptive Crimes (Speedy Trial) Act 2002 and metropolitan magistrates and magistrates of the first class were empowered to try such offences within very short time as Speedy Trial Courts. Sessions judges and additional sessions judges also acted as Tribunals to try offences under the Acid Offence Suppression Act 2002. For speedy trial within specified time of offences of murder, rape, possession of illegal arms, explosives and narcotics Speedy Trial Tribunals with judicial officers of the rank of sessions judges were constituted initially in the six divisions to be extended later on in each district by transferring some such cases pending before other subordinate criminal courts or tribunals under the Speedy Trial Tribunal Act 2002. Those tribunals, concerned public prosecutors and police officers were made responsible for failure to complete trial of such a case within the maximum period of 120 working days. Special rule of evidence for admitting into evidence video film, still picture of any criminal offence or its preparation as well as tape record or disk containing any conversation in connection with such offence were made applicable to such trials. Sessions judges and additional sessions judges also acted as Money Laundering Court to try offences of money laundering under the Money Laundering Prevention Act 2002. Environment Courts were constituted with subordinated judges who were also ex-officio assistant sessions judges to try major environment offences under the Environment Protection Act 1995 and other environment laws and rules and connected offences, and magistrates of first class and metropolitan magistrates as special magistrates were empowered to try minor environment offences. Pure Food Courts were constituted with the magistrates having first class power to try offences under the Pure Food Ordinance 1959 as amended by the Pure Food (Amendment) Act 2005. Similarly Marine Courts were constituted with magistrates of the first class to try offences under the Inland Shipping Ordinance 1976 with the help of assessors. In the districts outside the metropolitan areas magistrates of the first class were appointed district magistrates and additional district magistrates. Deputy commissioner of the district acted as district magistrate and the additional deputy commissioner as additional district magistrate. Additional district magistrate had all or any of the powers of the district magistrate. But the additional district magistrate was subordinate to the district magistrate for certain purposes. Besides the district magistrate and additional district magistrate there were other magistrates of the first, second and third class in every district outside the metropolitan areas. The government or the chief judicial magistrate subject to the control of the government defined local areas within which such magistrates may exercise powers vested on them.

Since November 2007 at least one judicial magistrate is placed in every thana to perform magisterial functions in respect of such area. Government may also confer magisterial power on any respectable citizen of the country who is not a civil servant or judicial magistrate. Such magistrates are called honorary magistrates (justices of the peace) as distinguished from the stipendiary civil servant magistrates. After liberation the practice of appointing such honorary magistrates have been abandoned.

Administrative tribunals Administrative tribunals have been established by the government and each of the tribunals consists of one member appointed by the government from amongst persons who are or have been district judges. Administrative tribunal has exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic (excluding a person in the defence service) or specified bodies and organisations such as Bangladesh Bank etc in respect of terms and conditions of his service including pension rights or any action taken in relation to him as a person in such service. Appeal lies from the decision of the administrative tribunal to the administrative appellate tribunal consisting of a chairman and two members. The chairman shall be a person who is, or has been, or is qualified to be a judge of the Supreme Court or is or has been an officer in the service of the Republic not below the rank of additional secretary to the government. The government appoints a retired judge of the Supreme Court as chairman. One of the members is appointed from amongst the retired or serving district judges and another from amongst the retired or serving joint secretaries of the government. Appeal from the decision of the administrative appellate tribunal lies to the appellate division of the Supreme Court with leave of that division.

Labour Courts have been established to adjudicate disputes regarding employment of commercial or industrial labour. Each of the Labour Courts consists of a chairman and two members. The chairman is appointed from amongst the district judges or additional district judges and one of the members is appointed in consultation with the employers and the other in consultation with the workmen. Labour Court adjudicates and decides industrial disputes, implementation or violation of settlements, and complaints made between the employers and workers and complaints made by workers in respect of retrenchment, lay off, termination and dismissal from service, nonpayment of wages or compensation for disablement in course of service, and it also tries offences in respect of unfair labour practices, breach of or failure to implement settlement, illegal strike or lock-out and non-compliance of Labour Court's order. Any party aggrieved by an award of the Labour Court may prefer an appeal to the Labour Appellate Tribunal. Such tribunal consists of one member only appointed by the government from amongst the sitting or retired judges of the Supreme Court. Labour appellate tribunal is required to dispose of an appeal against an award of the Labour Court in respect of any labour dispute as reinstatement of any worker or workers in service within 180 days of filing the same. But no appeal lies from the decision of the labour court. If any party feels aggrieved by the decision of the labour court he may file an application before the High Court Division for issuing a writ of certiorari to examine the record of the case to satisfy itself as to the legality or propriety of the same. Decision of the labour court as commissioner of workmen's compensation is appealable to the High Court Division.

Court of Settlement Following the liberation of Bangladesh the government promulgated Abandoned Property (Control, Management and Disposal) Order 1972 (President's Order No.16 of 1972) and made provisions for taking over control, management and disposal of properties which fell within the definition of abandoned property. Disputes arose about the decision of the government in respect of such properties and to set at rest such disputes for ever the government made provisions under the Abandoned Buildings (Supplementary Provisions) Ordinance 1985 for publishing list of all abandoned buildings in the official gazette and for deciding the claims to such properties by a tribunal called the Court of Settlement. The court of settlement has been constituted by the government with a chairman and two other members. The chairman is appointed from amongst persons who are or have been or are qualified to be a judge or additional judge of the Supreme Court. Of the two members one is appointed from amongst persons who are or have been judicial officers not below the rank of additional district judge and the other from amongst persons who are or have been officers not below the rank of a deputy secretary of the government. The court of settlement decides the application made to it by any aggrieved person for excluding a property from the list of abandoned buildings after hearing the parties and considering the evidence adduced before it. No appeal lies from the decision of the Court of settlement. An aggrieved party may file an application to the High Court Division for issuance of a writ of certiorari to examine the record of the case to satisfy itself as to the legality or propriety of the decision of the court of settlement.

Arbitration and arbitration appellate tribunal Government may requisition or acquire any land or building owned by any person for public purpose or in public interest and pay compensation to the owner and occupier of such land or building as per assessment made by the land acquisition officers. Any person aggrieved by an order of assessment of compensation may file an application to the Arbitrator appointed by the government from amongst persons holding post not below the rank of the joint district judge. An appeal lies to the Arbitration Appellate Tribunal constituted with a member appointed from amongst persons who are or have been district judges against the award of the Arbitrator. Decision of Arbitration Appellate Tribunal determining the amount of compensation is final. An aggrieved party may file an application to the High Court Division for issuance of a writ of certiorari to examine the record of the case to satisfy itself as to the legality or propriety of the decision of the Arbitration Appellate Tribunal. Generally one of the joint district judges of the district court is appointed as the arbitrator and the district judge of the district as the Arbitration Appellate Tribunal to decide questions of quantum of compensation.

Election tribunals Election disputes require to be settled by tribunals appointed by the Election Commission which is entrusted with the functions of organizing, holding and conducting the election of members of the Jatiya Sangsad and the mayor or chairmen, commissioners or members of local bodies such as union parishads in the rural areas and pourashavas (municipalities) in the urban areas and city corporations in metropolitan areas. To decide election disputes arising from the election of the members of Jatiya Sangsad the Election Commission previously appointed as many tribunals as found necessary from amongst persons who are or have been district judges. Appeal from the decision of such election dispute lay to the High Court Division. Since 2001 a judge of the High Court Division performs the function of such tribunal to decide such election disputes. Similarly to decide election disputes arising from the election of mayor or chairman and commissioners/members of the municipalities or union parishads and city corporations, Election Commission appoints judicial officers as Election Tribunals. Appeal from the decision of such election dispute lies to the district judge of the district in which such tribunal is situated. Revision lies to the High Court Division against the decision of the district judge made in appeal from the decision of the Election Tribunal. A judicial officer of the rank of district judge or the district judge of each district was appointed Election Tribunal prior to 2001 for adjudication of election disputes arising from the election of members of Jatiya Sangsad. But assistant judges are appointed Election Tribunals to decide election disputes arising from the election of chairman and members of the union parishads. Similarly, joint district judges are appointed Election Tribunals for deciding the disputes arising from the election of mayor and ward commissioners of the municipalities and the city corporations.

Vested property return tribunal and appellate tribunal Under the provision of the Vested Property Return Act, 2001 the government shall by notification in the official gazette appoint ordinarily one tribunal for each district or if necessary one tribunal for more than one districts or additional tribunal for any one district to be known as Vested Property Return Tribunal. Tribunal shall be constituted with a judicial officer of the rank of district judge or additional district judge and the government may appoint a judge of such tribunal or additional tribunal to act solely or in addition to his ordinary duties as such tribunal. In case of necessity the government may appoint on contract basis a retired district judge not exceeding sixty years of age to act solely as such tribunal. The said law provides for preparation and publication by gazette notification a list of returnable vested properties within 180 days of coming into force of the Act and for the owner of such property for filing application to the tribunal within ninety days of publication of such list for return of such property to him and the tribunal to deliver judgment within 180 days of receipt of such an application. The law also provides for preferring appeal within 45 days of the judgment or decision of the tribunal against the same to the appellate tribunal. The law also provides for constitution of one or more appellate tribunals to be known as Vested Property Return Appellate Tribunal by the government and in case of constitution of more than one appellate tribunals to determine their respective territorial jurisdiction. In consultation with the Chief Justice of Bangladesh the government shall appoint judge of the appellate tribunal from amongst persons eligible to be judge of the Supreme Court or a retired judge of the Supreme Court whose tenure shall expire on completion of sixty seven years of his age. Appellate tribunal shall sit in the capital of the country and in case of constitution of more than one appellate tribunals at the places directed by the government. Appellate tribunal shall pass its judgment within 180 days of filing of the appeal. A further appeal shall lie against the judgment of the appellate tribunal to the appellate division of the Supreme Court on specific question of law with leave of that division.

Land survey tribunal and appellate tribunal Under the provisions of the State Acquisition and Tenancy (Amendment) Act 2004 government may, by notification in the official gazette, establish as many Land Survey Tribunals as may be required to dispose of the suits arising out of final publication of the last revised record of rights prepared under section 144 of the said Act. Government may, by notification in the official gazette, fix and alter the territorial limits of the jurisdiction of any land survey tribunal. Government shall, in consultation with the Supreme Court, appoint the judge of the land survey tribunal from among persons who are joint district judges. An appeal arising out of judgment, decree or order of the land survey tribunal shall lie to the land survey appellate tribunal established by the government by notification in the official gazette. More than one such appellate tribunals may be established to hear such appeals. Government may, by notification in the official gazette, fix and alter the territorial limits of jurisdiction of any land survey appellate tribunal. Government shall appoint the judge of the land survey appellate tribunal from among persons who are or have been judges of the high court division of the Supreme Court. An appeal from a judgment or order of the land survey appellate tribunal shall lie to the appellate division of the Supreme Court only if the appellate division grants leave to appeal. [Kazi Ebadul Hoque]

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Alternative Dispute Resolution in Bangladesh: Problems and Prospects

2020, Ahmed Publication

These Alternative Dispute Resolution (ADR) modalities are considered as less likely to fuel the parental conflicts, more likely to induce the parties to resolve their conflicts in an amicable manner preserving the future relationship between the parties and reducing cost, delay and loss of energy to a significant extent. Following the considerable advantages of ADR almost every county of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper is an attempt to provide a comprehensive idea about obstacles in the way of access to justice in our legal system and by analyzing the different mechanisms of ADR and court and non-court based practices of those modalities under different legislation of Bangladesh, to show the fairness, efficiency and effectiveness of ADR towards the promotion of access to justice and to provide some recommendations for the complete success of ADR towards the effective, non-discriminating, speedy and easy access to justice for all either rich or poor, literate or illiterate, male or female and elite or lower class.

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Mohammad Monirul Islam

In recent years in Bangladesh there has been renewed emphasis on the Alternative Dispute Resolution schemes as a means to avoid the use of contested hearings in the formal litigation and to ensure the most fundamental right of access to justice for all in an easy way. These Alternative Dispute Resolution (ADR) modalities are considered as less likely to fuel the parental conflicts, more likely to induce the parties to resolve their conflicts in an amicable manner preserving the future relationship between the parties and reducing cost, delay and loss of energy to a significant extent. Following the considerable advantages of ADR almost every county of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper is an attempt to provide a comprehensive idea about obstacles in the way of access to justice in our legal system and by analyzing the different mechanisms of ADR and cour...

International Journal of Law, Humanities & Social Science ©

IJLHSS Journal

Alternative Dispute Resolution (ADR) is a valuable procedure for solving disputes in Bangladesh's Family Court. The paper aims to educate people about the importance of ADR in this context. In recent years, there has been a renewed focus on ADR as a means of avoiding formal litigation and ensuring access to justice for all in a simple manner. ADR in Family Court is considered less likely to escalate conflicts and more likely to encourage amicable resolutions, preserving future relationships between parties and reducing costs, delays, and energy. Most countries have introduced ADR in their justice systems, promoting access to justice for all. This paper provides an overview of obstacles to access to justice in Bangladesh and analyzes different ADR mechanisms and court and non-court-based practices to demonstrate the fairness, efficiency, and effectiveness of ADR. Recommendations are provided to ensure the complete success of ADR in Family Court, providing speedy and easy access to justice for all, regardless of socioeconomic status.

International Journal of Law, Humanities & Social Science

Bangladesh, historically, inherits informal dispute settlement processes, including Panchayet/ Salish at grassroots or village level. Due to the large volume of suits, unbearable sufferings, inerasable stigmatizing and burdensome costs, our formal court system has been losing its popularity. In contrast, the system of resolving the dispute alternatively (which called as Alternative Dispute Resolution or ADR) has been gaining its grounds to subdue shortcomings of our formal judicial system. The nature and characteristics of most of the family disputes, if not all, justify locating such disputes under the umbrella of ADR. Reasonably, our policymakers have searched for possible alternatives and emphasized in incorporating ADR mechanisms in different legislations to settle family disputes. However, ADR mechanisms in relation to family matters have yet to result in desirable outcomes because of some statutory limitations and practical challenges. Different actors associated with the family dispute resolution process have often been blaming or shifting responsibilities to each other for existing loopholes in settling family dispute alternatively. It is, however, to be submitted unequivocally that the challenges of ADR in family matters under the legal framework of Bangladesh are not unconquerable, but we need to find out feasible ways out to overcome those challenges. In this paper, after due analysis of relevant legal provisions, an attempt would be made to identify challenges within our legal framework and to explore the possible ways out so that our legal system may accommodate better mechanisms for resolving family disputes in an alternative way.

IOSR Journals

Atick Samad

Journal ijmr.net.in(UGC Approved)

Alternative Dispute Resolution (ADR) is an alternative to a full-scale court proceeding and is applied in different situations in different ways, both formally and informally, mostly in civil cases in Bangladesh. Traditionally, people in rural areas have preferred to settle their disputes by the ADR process particularly, negotiation, mediation, conciliation and arbitration because this process is less time consuming and cheaper as well. An ADR process is very popular in Bangladesh as both the plaintiff and the defendant get their benefits from this process and as a matter of fact, the ADR reduces the work load of a formal judicial system in Bangladesh to a great extent. However, the laws relevant to the ADR processes are inadequate in various legal and litigative aspects and perspectives and there is no uniform law for the ADR in Bangladesh. Therefore, this research will critically analyze the existing laws relevant to the ADR and will suggest some guidelines to improve the existing process in Bangladesh by adopting qualitative research method.

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Krishna Kumar Saha

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IJAR Indexing

Alternative Dispute Resolution (ADR) is treated as a scheme to resolve dispute among the litigants in a rapid and easy way out of formal court proceedings. The lower criminal courts of Bangladesh are loaded with horrendous number of pending cases and such backlog of cases pose a great threat to both victim and offender and the state as well causing more afflictions in the field of criminal justice system. This study seeks to provide a comprehensive idea about the plea bargaining along with a brief analysis of the present practices of plea bargaining in different region and legal system over the globe. To this context this article aims to promote and implement the concept of ADR in criminal justice system of Bangladesh like other countries. However, the ADR mechanism in criminal matter is subject to criticism in many ways but there is no alternative for resolving disputes between the offender and victims. Finally, a few suggessions are made for the exhaustive success of ADR towards promotion of fruitful, speedy and leafy access to criminal justice for every citizen.

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The concept of Alternative Dispute Resolution (ADR) is gaining popularity due to its simplicity and ability to resolve cases quickly while being more sympathetic to the parties involved. Although ADR has been widely implemented in civil litigation, its application in criminal disputes is more complex due to the difficulty of labelling a crime as a dispute. Despite this, many countries, including Bangladesh, have adopted ADR methods in their criminal justice systems. This study aims to investigate the effectiveness and functionality of the ADR system in criminal cases in Bangladesh. The research seeks to address whether the introduction of ADR in all types of criminal litigation will ensure justice or whether there are concerns that need to be addressed regarding its use. Additionally, the study aims to determine the willingness of litigants to use ADR in criminal cases. The primary objective of this research article is to assess the efficacy of ADR in criminal cases in Bangladesh and identify essential aspects that need to be considered when introducing this tool in the criminal court system.

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Delays in Litigation of Judicial Administration in Bangladesh

• Living reference work entry
• First Online: 26 November 2021
• Cite this living reference work entry

Abdur Rahman (Zibol)

Litigants or Disputants

Delays in litigation refers to the degree to which litigants must wait too long, and pay too much, to resolve their disputes which stained to the administration of justice to meet out as promptly as possible.

Introduction

The provisions of Article 31 and 35 denotes the fundamental rights as guaranteed in the Constitution of the People’s Republic of Bangladesh to have a speedy and fair trial in judicial proceedings. Delays in litigation are blight or disease in all the judicial administration. Lawyers preference a delay in litigation as a professional disease or as a privileged anecdote. Access to a reasonable hearing is not a shaggy dog story. Most lawyers and judges familiar with civil or criminal trial practice agree that the most critical problem is a delay in either trying or disposing of the cause. Judiciary does not work as a single device but a mixed mechanism of linking administrations likely police, land, health, local government,...

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Abdur Rahman (Zibol). (2021). Delays in Litigation of Judicial Administration in Bangladesh. In: Farazmand, A. (eds) Global Encyclopedia of Public Administration, Public Policy, and Governance. Springer, Cham. https://doi.org/10.1007/978-3-319-31816-5_3234-1

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DOI : https://doi.org/10.1007/978-3-319-31816-5_3234-1

Received : 11 December 2020

Accepted : 02 January 2021

Published : 26 November 2021

Publisher Name : Springer, Cham

Print ISBN : 978-3-319-31816-5

Online ISBN : 978-3-319-31816-5

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