Title: Separation of judiciary in Bangladesh

Authors: Md. Abdul Karim

Addresses: School of Law, Z.H. Sikder University of Science and Technology, Modhupur, Kartikpur, Bhedorjong, Shariatpur, Bangladesh

Abstract: Independent judiciary is a condition sine qua non of a democratic government. In a democratic state, state power rests on three separate organs, namely the executive, the legislature and the judiciary. The Constitution of the People's Republic of Bangladesh vests executive power in the executive and legislative power in the parliament. Judicial power is vested in the judiciary both by tradition as well as by various provisions of the Constitution. The judiciary comprises all courts and tribunals, which performs the delicate task of ensuring rule of law in society. A social structure remains logical and solid with the aid of a sound judicial system. The judiciary redresses grievances of the people and resolves disputes. The dysfunction of judiciary impacts more severely than that of any other institution as it removes from the mind of people the sense of attachment to society. Although the judiciary was independent for sometimes at the colonial period, the colonial administration did not want to separate the judiciary permanently for their colonial interest.

Keywords: judicial independence; judiciary separation; constitution; court structure; Bangladesh; judiciary composition; judiciary control; lower judiciary; Musder Hossain; Judicial Service Commission; Judicial Pay Commission; separation barriers.

DOI: 10.1504/IJHRCS.2014.067882

International Journal of Human Rights and Constitutional Studies, 2014 Vol.2 No.4, pp.348 - 356

Received: 06 Nov 2014
Accepted: 09 Nov 2014
Published online: 13 Mar 2015 *

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