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Law of Bangladesh

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Law of Bangladesh

The Law of Bangladesh is primarily in accordance with the English legal system although since 1947, the legal scenario and the laws of Bangladesh have drifted far from the West owing to differences in socio-cultural values and religious guidelines. In November 2007, Bangladesh has successfully separated the Judiciary from the Executive but several black laws still influence the rulers in creating Special Tribunals in using several black laws including the Special Powers Act.

Fundamental Rights In Bangladesh

Bangladeshi people have 23 fundamental rights under the Constitution of Bangladesh, Part 3, Articles 26 to 47A. The Fundamental Rights in Bangladesh under below:[1]

  1. Laws inconsistent with fundamental rights to be void (Article-26)
  2. Equality before law (Article-27)
  3. Discrimination on grounds of religion, etc. (Article-28)
  4. Equality of opportunity in public employment (Article-29)
  5. Prohibition of foreign titles, etc. (Article-30)
  6. Right to protection of law (Article-31)
  7. Protection of right to life and personal liberty (Article-32)
  8. Safeguards as to arrest and detention (Article-33)
  9. Prohibition of forced labour (Article-34)
  10. Protection in respect of trial and punishment (Article-35)
  11. Freedom of movement (Article-36)
  12. Freedom of assembly (Article-37)
  13. Freedom of association (Article-38)
  14. Freedom of thought and conscience, and of speech (Article-39)
  15. Freedom of profession or occupation (Article-40)
  16. Freedom of religion (Article-41)
  17. Rights of property (Article-42)
  18. Protection of home and correspondence (Article-43)
  19. Enforcement of fundamental rights (Article-44)
  20. Modification of rights in respect of disciplinary law (Article-45)
  21. Power to provide indemnity (Article-46)
  22. Saving for certain laws (Article-47)
  23. Inapplicability of certain articles (Article-47A)

The Judiciary of Bangladesh

The Judiciary of Bangladesh consists of a Supreme Court, subordinate courts and tribunals.

The Supreme Court

The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It comprises the Appellate Division and the High Court Division. It was created by Part VI, Chapter I of the Constitution of Bangladesh. It is the apex Court of the country and other Courts and Tribunals are subordinate to it. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh.

Jurisdiction of The Appellate Division

Appellate Jurisdiction:The Appellate Division has jurisdiction to hear appeals from the High Court Division in the following grounds:-

  • One can appeal against the division of High Court when-

i. The issue relates to interpretation of Constitution of Bangladesh,

ii. Contempt of that Division, and

iii. Death or life imprisonment confirmed or declared by the Division.

  • An appeal to the Appellate Division from a judgment, decree or sentence of the High Court Division in a case to which clause 2 (102) does not apply shall lie only if the Appellate Division grants leave to appeal.

Rule-making Jurisdiction: The Supreme Court is independent of the executive branch, and is able to rule against the government in politically controversial cases.

Advisory Jurisdiction: In the question of any law or anything required for public interest, the President may ask for opinion from the Appellate Division.

Jurisdiction to ensure justice: Article 104 deals with issue and execution of processes of Appellate Division. It provides the power to the Appellate Division to issue anything required for the Complete justice.

Other Jurisdictions: The Appellate Division shall have others jurisdiction by Act of Parliament.

Chancery Research and Consultants Trust (CRC-Trust) maintains a website Chancery Law Chronicles-First ever Online Database of Bangladesh Laws (www.clcbd.org) where it has already included 7000 judgements of the Appellate Division and High Court Division of the Supreme Court of Bangladesh from 1972 to till date.

The High Court Division

Clause 3 of Article 95 provides to the High Court Division which at any time before the commencement of our Constitution exercised jurisdiction as a High Court in the Territory of Bangladesh. The High Court Division shall have Superintendence and control over all Courts and tribunals subordinate to it. The High Court Division, though a Division of the Supreme Court, is for all practical purposes, an independent court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. Jurisdiction of the High Court Division: It has both appellate as well as original jurisdiction.

•Original Jurisdiction: The power to file any case is called the original jurisdiction. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction. It has further original jurisdiction, inter alia, in respect of company and admiralty matters under statutes. The High Court Division, in special circumstances, has also powers and jurisdiction to hear and dispose of cases as the court of first instance under article 101 of the Constitution.

•Appellate Jurisdiction: The High Court Division hears appeals from orders, decrees and judgments of subordinate courts and tribunals. One can appeal to the High Court Division if-

i. more than 14 years imprisonment by Session Judge, or

ii. Related to the question of interpretation of the Constitution.

The Subordinate Courts and Tribunals

There are a wide variety of subordinate courts and tribunals. Such courts and tribunals are created by some relevant statutes. All their powers, functions and jurisdictions are well determined by the respective statutes. These are the basic courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both civil and criminal, are tried and heard in such courts and tribunals. Certain tribunals are termed as administrative tribunals, Nari-o-Shishu Nirjaton Daman Tribunals, Special Tribunals etc. Such courts and tribunals spread all over the country at district levels. The subordinate courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal courts.

Civil Courts

The civil courts are created under the Civil Courts Act of 1887. The Act provides for five tiers of civil courts in a district, which bottom-up are:

  • Court of Assistant Judge,≤
  • Court of Senior Assistant Judge,≤
  • Court of Joint District Judge,≤
  • Court of Additional District Judge and ≤
  • Court of District Judge

The first three are courts of first instances with powers, functions and jurisdictions in respect of subject matter, territory and pecuniary value determined by or under statutes.

The rest two are generally courts of appeal in civil matters. now the civil suits are rapidly disclose in the court:

Criminal Courts

  • Courts of Sessions
  • Courts of Metropolitan Sessions
  • Special courts/tribunals (Criminal)
  • Courts of Metropolitan Magistrate
  • Courts of Magistrate

Legal profession

The academic systems of the country allow two separate systems of qualifying legal degrees in Bangladesh which are college-oriented two-year LL.B. degrees and the University-based four-year LL.B. (Hons.) degrees which require more extensive academic commitment and the places at the universities remain competitive. Recently there has been a rise in the trend of obtaining foreign academic LL.B. degrees (especially from the UK).

References

  1. ^ The Constitution of Bangladesh. Part- 3, Article- 26 to 47A.

External links

  • http://www.strandchambers.com
  • http://www.minlaw.gov.bd/supremecourt.htm
  • http://www.lawsurgery.com
  • http://www.bdlawsource.com
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